N.Y. Penal Law 490.70 – Limitations
§ 490.70 Limitations.
Terms Used In N.Y. Penal Law 490.70
- Biological agent: means any micro-organism, virus, infectious substance, or biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any such micro-organism, virus, infectious substance, or biological product, capable of causing:
(a) death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism;
(b) deterioration of food, water, equipment, supplies, or material of any kind; or
(c) deleterious alteration of the environment. See N.Y. Penal Law 490.05 - Chemical weapon: means the following, together or separately:
(a) a toxic chemical or its precursors;
(b) a munition or device specifically designed to cause death or other harm through the toxic properties of a toxic chemical or its precursors, which would be released as a result of the employment of such munition or device;
(c) any equipment specifically designed for use directly in connection with the employment of munitions or devices; or
(d) any device that is designed to release radiation or radioactivity at a level dangerous to human life. See N.Y. Penal Law 490.05 - Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Delivery system: means :
(a) any apparatus, equipment, device, or means of delivery specifically designed to deliver or disseminate a biological agent, toxin, or vector; or
(b) any vector. See N.Y. Penal Law 490.05 - Dependent: A person dependent for support upon another.
- Toxin: means the toxic material of plants, animals, micro-organisms, viruses, fungi, or infectious substances, or a recombinant molecule, whatever its origin or method of production, including:
(a) any poisonous substance or biological product that may be engineered as a result of biotechnology produced by a living organism; or
(b) any poisonous isomer or biological product, homolog, or derivative of such a substance. See N.Y. Penal Law 490.05
1. The provisions of sections 490.37, 490.40, 490.45, 490.47, 490.50, and 490.55 of this article shall not apply where the defendant possessed or used:
(a) any household product generally available for sale to consumers in this state in the quantity and concentration available for such sale;
(b) a self-defense spray device in accordance with the provisions of paragraph fourteen of subdivision a of section 265.20 of this chapter;
(c) a chemical weapon solely for a purpose not prohibited under this chapter, as long as the type and quantity is consistent with such a purpose; or
(d) a biological agent, toxin, or delivery system solely for prophylactic, protective, bona fide research, or other peaceful purposes.
2. For the purposes of this section, the phrase "purposes not prohibited by this chapter" means the following:
(a) any peaceful purpose related to an industrial, agricultural, research, medical, or pharmaceutical activity or other peaceful activity;
(b) any purpose directly related to protection against toxic chemicals and to protection against chemical weapons;
(c) any military purpose of the United States that is not connected with the use of a chemical weapon or that is not dependent on the use of the toxic or poisonous properties of the chemical weapon to cause death or other harm; and
(d) any law enforcement purpose, including any domestic riot control purpose and including imposition of capital punishment.