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NEW YORK PENAL LAW
CHAPTER 40 OF THE CONSOLIDATED LAWS
PART FOUR--ADMINISTRATIVE PROVISIONS
TITLE W--PROVISIONS RELATING TO FIREARMS, FIREWORKS, PORNOGRAPHY EQUIPMENT AND VEHICLES USED IN THE TRANSPORTATION OF GAMBLING RECORDS
ARTICLE 400--LICENSING AND OTHER PROVISIONS RELATING TO FIREARMS

Section 400.00 Licenses to carry, possess, repair and dispose of firearms.

 1. Eligibility.  No license shall be issued or renewed pursuant to this section except by the licensing officer, and then only after investigation and finding that all statements in a proper application for a license are true.  No license shall be issued or renewed except for an applicant (a) twenty-one years of age or older, provided, however, that where such applicant has been honorably discharged from the United States army, navy, marine corps, air force or coast guard, or the national guard of the state of New York, no such age restriction shall apply;  (b) of good moral character; (c) who has not been convicted anywhere of a felony or serious offense; (d) who has stated whether he or she has ever suffered any mental illness or been confined to any hospital or institution, public or private, for mental illness;  (e) who has not had a license revoked or who is not under a suspension or ineligibility order issued pursuant to the provisions of section 530.14 of the criminal procedure law or section eight hundred forty-two-a of the family court act;  (f) in the county of Westchester, who has successfully completed a firearms safety course and test as evidenced by a certificate of completion issued in his or her name and endorsed and affirmed under the penalties of perjury by a duly authorized instructor, except that: (i) persons who are honorably discharged from the United States army, navy, marine corps or coast guard, or of the national guard of the state of New York, and produce evidence of official qualification in firearms during the term of service are not required to have completed those hours of a firearms safety course pertaining to the safe use, carrying, possession, maintenance and storage of a firearm;  and (ii) persons who were licensed to possess a pistol or revolver prior to the effective date of this paragraph are not required to have completed a firearms safety course and test;  and (g) concerning whom no good cause exists for the denial of the license.  No person shall engage in the business of gunsmith or dealer in firearms unless licensed pursuant to this section.  An applicant to engage in such business shall also be a citizen of the United States, more than twenty-one years of age and maintain a place of business in the city or county where the license is issued.  For such business, if the applicant is a firm or partnership, each member thereof shall comply with all of the requirements set forth in this subdivision and if the applicant is a corporation, each officer thereof shall so comply.

  2. Types of licenses.  A license for gunsmith or dealer in firearms shall be issued to engage in such business.  A license for a pistol or revolver, other than an assault weapon or a disguised gun, shall be issued to (a) have and possess in his dwelling by a householder;  (b) have and possess in his place of business by a merchant or storekeeper;  (c) have and carry concealed while so employed by a messenger employed by a banking institution or express company;  (d) have and carry concealed by a justice of the supreme court in the first or second judicial departments, or by a judge of the New York city civil court or the New York city criminal court;  (e) have and carry concealed while so employed by a regular employee of an institution of the state, or of any county, city, town or village, under control of a commissioner of correction of the city or any warden, superintendent or head keeper of any state prison, penitentiary, workhouse, county jail or other institution for the detention of persons convicted or accused of crime or held as witnesses in criminal cases, provided that application is made therefor by such commissioner, warden, superintendent or head keeper;  (f) have and carry concealed, without regard to employment or place of possession, by any person when proper cause exists for the issuance thereof;  and (g) have, possess, collect and carry antique pistols which are defined as follows:  (i) any single shot, muzzle loading pistol with a matchlock, flintlock, percussion cap, or similar type of ignition system manufactured in or before 1898, which is not designed for using rimfire or conventional centerfire fixed ammunition;  and (ii) any replica of any pistol described in clause (i) hereof if such replica--

  (1) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or

  (2) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.

 3. Applications.  (a) Applications shall be made and renewed, in the case of a license to carry or possess a pistol or revolver, to the licensing officer in the city or county, as the case may be, where the applicant resides, is principally employed or has his principal place of business as merchant or storekeeper;  and, in the case of a license as gunsmith or dealer in firearms, to the licensing officer where such place of business is located.  Blank applications shall, except in the city of New York, be approved as to form by the superintendent of state police.  An application shall state the full name, date of birth, residence, present occupation of each person or individual signing the same, whether or not he is a citizen of the United States, whether or not he complies with each requirement for eligibility specified in subdivision one of this section and such other facts as may be required to show the good character, competency and integrity of each person or individual signing the application.  An application shall be signed and verified by the applicant.  Each individual signing an application shall submit one photograph of himself and a duplicate for each required copy of the application.  Such photographs shall have been taken within thirty days prior to filing the application.  In case of a license as gunsmith or dealer in firearms, the photographs submitted shall be two inches square, and the application shall also state the previous occupation of each individual signing the same and the location of the place of such business, or of the bureau, agency, subagency, office or branch office for which the license is sought, specifying the name of the city, town or village, indicating the street and number and otherwise giving such apt description as to point out reasonably the location thereof. In such case, if the applicant is a firm, partnership or corporation, its name, date and place of formation, and principal place of business shall be stated. For such firm or partnership, the application shall be signed and verified by each individual composing or intending to compose the same, and for such corporation, by each officer thereof.

  (b) Application for an exemption under paragraph seven-b of subdivision a of section 265.20 of this chapter.  Each applicant desiring to obtain the exemption set forth in paragraph seven-b of subdivision a of section 265.20 of this chapter shall make such request in writing of the licensing officer with whom his application for a license is filed, at the time of filing such application.  Such request shall include a signed and verified statement by the person authorized to instruct and supervise the applicant, that has met with the applicant and that he has determined that, in his judgment, said applicant does not appear to be or poses a threat to be, a danger to himself or to others.  He shall include a copy of his certificate as an instructor in small arms, if he is required to be certified, and state his address and telephone number.  He shall specify the exact location by name, address and telephone number where such instruction will take place.  Such licensing officer shall, no later than ten business days after such filing, request the duly constituted police authorities of the locality where such application is made to investigate and ascertain any previous criminal record of the applicant pursuant to subdivision four of this section.  Upon completion of this investigation, the police authority shall report the results to the licensing officer without unnecessary delay.  The licensing officer shall no later than ten business days after the receipt of such investigation, determine if the applicant has been previously denied a license, been convicted of a felony, or been convicted of a serious offense, and either approve or disapprove the applicant for exemption purposes based upon such determinations.  If the applicant is approved for the exemption, the licensing officer shall notify the appropriate duly constituted police authorities and the applicant.  Such exemption shall terminate if the application for the license is denied, or at any earlier time based upon any information obtained by the licensing officer or the appropriate police authorities which would cause the license to be denied.  The applicant and appropriate police authorities shall be notified of any such terminations.

4. Investigation. Before a license is issued or renewed, there shall be an investigation of all statements required in the application by the duly constituted police authorities of the locality where such application is made. For that purpose, the records of the appropriate office of the department of mental hygiene concerning previous or present mental illness of the applicant shall be available for inspection by the investigating officer of the police authority. In order to ascertain any previous criminal record, the investigating officer shall take the fingerprints and physical descriptive data in quadruplicate of each individual by whom the application is signed and verified. Two copies of such fingerprints shall be taken on standard fingerprint cards eight inches square, and one copy may be taken on a card supplied for that purpose by the federal bureau of investigation; provided, however, that in the case of a corporate applicant that has already been issued a dealer in firearms license and seeks to operate a firearm dealership at a second or subsequent location, the original fingerprints on file may be used to ascertain any criminal record in the second or subsequent application unless any of the corporate officers have changed since the prior application, in which case the new corporate officer shall comply with procedures governing an initial application for such license. When completed, one standard card shall be forwarded to and retained by the division of criminal justice services in the executive department, at Albany. A search of the files of such division and written notification of the results of the search to the investigating officer shall be made without unnecessary delay. Thereafter, such division shall notify the licensing officer and the executive department, division of state police, Albany, of any criminal record of the applicant filed therein subsequent to the search of its files. A second standard card, or the one supplied by the federal bureau of investigation, as the case may be, shall be forwarded to that bureau at Washington with a request that the files of the bureau be searched and notification of the results of the search be made to the investigating police authority. The failure or refusal of the federal bureau of investigation to make the fingerprint check provided for in this section shall not constitute the sole basis for refusal to issue a permit pursuant to the provisions of this section. Of the remaining two fingerprint cards, one shall be filed with the executive department, division of state police, Albany, within ten days after issuance of the license, and the other remain on file with the investigating police authority. No such fingerprints may be inspected by any person other than a peace officer, who is acting pursuant to his special duties, or a police officer, except on order of a judge or justice of a court of record either upon notice to the licensee or without notice, as the judge or justice may deem appropriate. Upon completion of the investigation, the police authority shall report the results to the licensing officer without unnecessary delay.

 4-a. Processing of license applications.  Applications for licenses shall be accepted for processing by the licensing officer at the time of presentment. Except upon written notice to the applicant specifically stating the reasons for any delay, in each case the licensing officer shall act upon any application for a license pursuant to this section within six months of the date of presentment of such an application to the appropriate authority.  Such delay may only be for good cause and with respect to the applicant.  In acting upon an application, the licensing officer shall either deny the application for reasons specifically and concisely stated in writing or grant the application and issue the license applied for.

 4-b. Westchester county firearms safety course certificate.  In the county of Westchester, at the time of application, the licensing officer to which the license application is made shall provide a copy of the safety course booklet to each license applicant.  Before such license is issued, such licensing officer shall require that the applicant submit a certificate of successful completion of a firearms safety course and test issued in his or her name and endorsed and affirmed under the penalties of perjury by a duly authorized instructor.

 5. Filing of approved applications.  The application for any license, if granted, shall be filed by the licensing officer with the clerk of the county of issuance, except that in the city of New York and, in the counties of Nassau and Suffolk, the licensing officer shall designate the place of filing in the appropriate division, bureau or unit of the police department thereof, and in the county of Suffolk the county clerk is hereby authorized to transfer all records or applications relating to firearms to the licensing authority of that county.  The name and address of any person to whom an application for any license has been granted shall be a public record.  Upon application by a licensee who has changed his place of residence such records or applications shall be transferred to the appropriate officer at the licensee's new place of residence.  A duplicate copy of such application shall be filed by the licensing officer in the executive department, division of state police, Albany, within ten days after issuance of the license.  Nothing in this subdivision shall be construed to change the expiration date or term of such licenses if otherwise provided for in law.

 6. License:  validity.  Any license issued pursuant to this section shall be valid notwithstanding the provisions of any local law or ordinance.  No license shall be transferable to any other person or premises.  A license to carry or possess a pistol or revolver, not otherwise limited as to place or time of possession, shall be effective throughout the state, except that the same shall not be valid within the city of New York unless a special permit granting validity is issued by the police commissioner of that city.  Such license to carry or possess shall be valid within the city of New York in the absence of a permit issued by the police commissioner of that city, provided that (a) the firearms covered by such license have been purchased from a licensed dealer within the city of New York and are being transported out of said city forthwith and immediately from said dealer by the licensee in a locked container during a continuous and uninterrupted trip;  or provided that (b) the firearms covered by such license are being transported by the licensee in a locked container and the trip through the city of New York is continuous and uninterrupted;  or provided that (c) the firearms covered by such license are carried by armored car security guards transporting money or other valuables, in, to, or from motor vehicles commonly known as armored cars, during the course of their employment;  or provided that (d) the licensee is a retired police officer as police officer is defined pursuant to subdivision thirty-four of section 1.20 of the criminal procedure law or a retired federal law enforcement officer, as defined in section 2.15 of the criminal procedure law, who has been issued a license by an authorized licensing officer as defined in subdivision ten of section 265.00 of this chapter;  provided, further, however, that if such license was not issued in the city of New York it must be marked "Retired Police Officer" or "Retired Federal Law Enforcement Officer", as the case may be, and, in the case of a retired officer the license shall be deemed to permit only police or federal law enforcement regulations weapons; or provided that (e) the licensee is a peace officer described in subdivision four of section 2.10 of the criminal procedure law and the license, if issued by other than the city of New York, is marked "New York State Tax Department Peace Officer" and in such case the exemption shall apply only to the firearm issued to such licensee by the department of taxation and finance. A license as gunsmith or dealer in firearms shall not be valid outside the city or county, as the case may be, where issued.

 7. License:  form.  Any license issued pursuant to this section shall, except in the city of New York, be approved as to form by the superintendent of state police.  A license to carry or possess a pistol or revolver shall have attached the licensee's photograph, and a coupon which shall be removed and retained by any person disposing of a firearm to the licensee.  Such license shall specify the weapon covered by calibre, make, model, manufacturer's name and serial number, or if none, by any other distinguishing number or identification mark, and shall indicate whether issued to carry on the person or possess on the premises, and if on the premises shall also specify the place where the licensee shall possess the same.  If such license is issued to an alien, or to a person not a citizen of and usually a resident in the state, the licensing officer shall state in the license the particular reason for the issuance and the names of the persons certifying to the good character of the applicant.  Any license as gunsmith or dealer in firearms shall mention and describe the premises for which it is issued and shall be valid only for such premises.

 8. License:  exhibition and display.  Every licensee while carrying a pistol or revolver shall have on his or her person a license to carry the same.  Every person licensed to possess a pistol or revolver on particular premises shall have the license for the same on such premises.  Upon demand, the license shall be exhibited for inspection to any peace officer, who is acting pursuant to his special duties, or police officer. A license as gunsmith or dealer in firearms shall be prominently displayed on the licensed premises. A gunsmith or dealer of firearms may conduct business temporarily at a location other than the location specified on the license if such temporary location is the location for a gun show or event sponsored by any national, state, or local organization, or any affiliate of any such organization devoted to the collection, competitive use or other sporting use of firearms. Any sale or transfer at a gun show must also comply with the provisions of article thirty-nine-DD of the general business law. Records of receipt and disposition of firearms transactions conducted at such temporary location shall include the location of the sale or other disposition and shall be entered in the permanent records of the gunsmith or dealer of firearms and retained on the location specified on the license.  Nothing in this section shall authorize any licensee to conduct business from any motorized or towed vehicle.  A separate fee shall not be required of a licensee with respect to business conducted under this subdivision.  Any inspection or examination of inventory or records under this section at such temporary location shall be limited to inventory consisting of, or records related to, firearms held or disposed at such temporary locations.  Failure of any licensee to so exhibit or display his or her license, as the case may be, shall be presumptive evidence that he or she is not duly licensed.

 9. License:  amendment.  Elsewhere than in the city of New York, a person licensed to carry or possess a pistol or revolver may apply at any time to his licensing officer for amendment of his license to include one or more such weapons or to cancel weapons held under license.  If granted, a record of the amendment describing the weapons involved shall be filed by the licensing officer in the executive department, division of state police, Albany. Notification of any change of residence shall be made in writing by any licensee within ten days after such change occurs, and a record of such change shall be inscribed by such licensee on the reverse side of his license. Elsewhere than in the city of New York, and in the counties of Nassau and Suffolk, such notification shall be made to the executive department, division of state police, Albany, and in the city of New York to the police commissioner of that city, and in the county of Nassau to the police commissioner of that county, and in the county of Suffolk to the licensing officer of that county, who shall, within ten days after such notification shall be received by him, give notice in writing of such change to the executive department, division of state police, at Albany.

 10. License:  expiration, certification and renewal.  Any license for gunsmith or dealer in firearms and, in the city of New York, any license to carry or possess a pistol or revolver, issued at any time pursuant to this section or prior to the first day of July, nineteen hundred sixty-three and not limited to expire on an earlier date fixed in the license, shall expire not more than three years after the date of issuance.  In the counties of Nassau, Suffolk and Westchester, any license to carry or possess a pistol or revolver, issued at any time pursuant to this section or prior to the first day of July, nineteen hundred sixty-three and not limited to expire on an earlier date fixed in the license, shall expire not more than five years after the date of issuance; however, in the county of Westchester, any such license shall be certified prior to the first day of April, two thousand, in accordance with a schedule to be contained in regulations promulgated by the commissioner of the division of criminal justice services, and every such license shall be recertified every five years thereafter.  For purposes of this section certification shall mean that the licensee shall provide to the licensing officer the following information only:  current name, date of birth, current address, and the make, model, caliber and serial number of all firearms currently possessed.  Such certification information shall be filed by the licensing officer in the same manner as an amendment.   Elsewhere than in the city of New York and the counties of Nassau, Suffolk and Westchester, any license to carry or possess a pistol or revolver, issued at any time pursuant to this section or prior to the first day of July, nineteen hundred sixty-three and not previously revoked or cancelled, shall be in force and effect until revoked as herein provided.  Any license not previously cancelled or revoked shall remain in full force and effect for thirty days beyond the stated expiration date on such license.  Any application to renew a license that as not previously expired, been revoked or cancelled shall thereby extend the term of the license until disposition of the application by the licensing officer.  In the case of a license for gunsmith or dealer in firearms, in counties having a population of less than two hundred thousand inhabitants, photographs and fingerprints shall be submitted on original applications and upon renewal thereafter only at six year intervals. Upon satisfactory proof that a currently valid original license has been despoiled, lost or otherwise removed from the possession of the licensee and upon application containing an additional photograph of the licensee, the licensing officer shall issue a duplicate license.

 11. License:  revocation and suspension.  The conviction of a licensee anywhere of a felony or serious offense shall operate as a revocation of the license.  A license may be revoked or suspended as provided for in section 530.14 of the criminal procedure law or section eight hundred forty-two-a of the family court act.  Except for a license issued pursuant to section 400.01 of this article, a license may be revoked and cancelled at any time in the city of New York, and in the counties of Nassau and Suffolk, by the licensing officer, and elsewhere than in the city of New York by any judge or justice of a court of record; a license issued pursuant to section 400.01 of this article may be revoked and cancelled at any time by the licensing officer or any judge or justice of a court of record.  The official revoking a license shall give written notice thereof without unnecessary delay to the executive department, division of state police, Albany, and shall also notify immediately the duly constituted police authorities of the locality.

 12. Records required of gunsmiths and dealers in firearms.  Any person licensed as gunsmith or dealer in firearms shall keep a record book approved as to form, except in the city of New York, by the superintendent of state police.  In the record book shall be entered at the time of every transaction involving a firearm the date, name, age, occupation and residence of any person from whom a firearm is received or to whom a firearm is delivered, and the calibre, make, model, manufacturer's name and serial number, or if none, any other distinguishing number or identification mark on such firearm.  Before delivering a firearm to any person, the licensee shall require him to produce either a license valid under this section to carry or possess the same, or proof of lawful authority as an exempt person pursuant to section 265.20.  In addition, before delivering a firearm to a peace officer, the licensee shall verify that person's status as a peace officer with the division of state police.  After completing the foregoing, the licensee shall remove and retain the attached coupon and enter in the record book the date of such license, number, if any, and name of the licensing officer, in the case of the holder of a license to carry or possess, or the shield or other number, if any, assignment and department , unit or agency, in the case of an exempt person. The original transaction report shall be forwarded to the division of state police within ten days of delivering a firearm to any person, and a duplicate copy shall be kept by the licensee.  The record book shall be maintained on the premises mentioned and described in the license and shall be open at all reasonable hours for inspection by any peace officer, acting pursuant to his special duties, or police officer.   In the event of cancellation or revocation of the license for gunsmith or dealer in firearms, or discontinuance of business by a licensee, such record book shall be immediately surrendered to the licensing officer in the city of New York, and in the counties of Nassau and Suffolk, and elsewhere in the state to the executive department, division of state police.

 12-a. State police regulations applicable to licensed gunsmiths engaged in the business of assembling or manufacturing firearms.  The superintendent of state police is hereby authorized to issue such rules and regulations as he deems reasonably necessary to prevent the manufacture and assembly of unsafe firearms in the state.  Such rules and regulations shall establish safety standards in regard to the manufacture and assembly of firearms in the state, including specifications as to materials and parts used, the proper storage and shipment of firearms, and minimum standards of quality control.  Regulations issued by the state police pursuant to this subdivision shall apply to any person licensed as a gunsmith under this section engaged in the business of manufacturing or assembling firearms, and any violation thereof shall subject the licensee to revocation of license pursuant to subdivision eleven of this section.

 12-c. Firearms records.  (a) Every employee of a state or local agency, unit of local government, state or local commission, or public or private organization who possesses a firearm or machine-gun under an exemption to the licensing requirements under this chapter, shall promptly report in writing to his employer the make, model, calibre and serial number of each such firearm or machine-gun.  Thereafter, within ten days of the acquisition or disposition of any such weapon, he shall furnish such information to his employer, including the name and address of the person from whom the weapon was acquired or to whom it was disposed.

  (b) Every head of a state or local agency, unit of local government, state or local commission, public authority or public or private organization to whom an employee has submitted a report pursuant to paragraph (a) of this subdivision shall promptly forward such report to the superintendent of state police.

  (c) Every head of a state or local agency, unit of local government, state or local commission, public authority, or any other agency, firm or corporation that employs persons who may lawfully possess firearms or machine-guns without the requirement of a license therefor, or that employs persons licensed to possess firearms or machine-guns, shall promptly report to the superintendent of state police, in the manner prescribed by him, the make, model, calibre and serial number of every firearm or machine-gun possessed by it on the effective date of this act for the use of such employees or for any other use. Thereafter, within ten days of the acquisition or disposition of any such weapon, such head shall report such information to the superintendent of the state police, including the name and address of the person from whom the weapon was acquired or to whom it was disposed.

 13. Expenses.  The expense of providing a licensing officer with blank applications, licenses and record books for carrying out the provisions of this section shall be a charge against the county, and in the city of New York against the city.

14. Fees. In the city of New York and the county of Nassau, the annual license fee shall be twenty-five dollars for gunsmiths and fifty dollars for dealers in firearms. In such city, the city council and in the county of Nassau the Board of Supervisors shall fix the fee to be charged for a license to carry or possess a pistol or revolver and provide for the disposition of such fees. Elsewhere in the state, the licensing officer shall collect and pay into the county treasury the following fees: for each license to carry or possess a pistol or revolver, not less than three dollars nor more than ten dollars as may be determined by the legislative body of the county; for each amendment thereto, three dollars, and five dollars in the county of Suffolk; and for each license issued to a gunsmith or dealer in firearms, ten dollars. The fee for a duplicate license shall be five dollars. The fee for processing a license transfer between counties shall be five dollars. The fee for processing a license or renewal thereof for a qualified retired police officer as defined under subdivision thirty-four of section 1.20 of the criminal procedure law, or a qualified retired sheriff, undersheriff, or deputy sheriff of the city of New York as defined under subdivision two of section 2.10 of the criminal procedure, or a qualified retired bridge and tunnel officer, sergeant or lieutenant of the triborough bridge and tunnel authority as defined under subdivision twenty of section 2.10 of the criminal procedure law, or a qualified retired uniformed court officer in the unified court system, or a qualified retired court clerk in the unified court system in the first and second judicial departments, as defined in paragraphs a and b of subdivision twenty-one of section 2.10 of the criminal procedure law or a retired correction officer as defined in subdivision twenty-five of section 2.10 of the criminal procedure law shall be waived in all counties throughout the state.

 15. Any violation by any person of any provision of this section is a class A misdemeanor.

 16. Unlawful disposal.  No person shall except as otherwise authorized pursuant to law dispose of any firearm unless he is licensed as gunsmith or dealer in firearms.

 17. Applicability of section.  The provisions of article two hundred sixty-five of this chapter relating to illegal possession of a firearm, shall not apply to an offense which also constitutes a violation of this section by a person holding an otherwise valid license under the provisions of this section and such offense shall only be punishable as a class A misdemeanor pursuant to this section.  In addition, the provisions of such article two hundred sixty-five of this chapter shall not apply to the possession of a firearm in a place not authorized by law, by a person who holds an otherwise valid license or possession of a firearm by a person within a one year period after the stated expiration date of an otherwise valid license which has not been previously cancelled or revoked shall only be punishable as a class A misdemeanor pursuant to this section.
 

Section 400.01 License to carry and possess firearms for retired sworn members of the division of state police

 1. A license to carry or possess a firearm for a retired sworn member of the division of state police shall be granted in the same manner and upon the same terms and conditions as licenses issued under section 400.00 of this article provided, however, that applications for such license shall be made to, and the licensing officer shall be, the superintendent of state police.

 2. For purposes of this section, a "retired sworn member of the division of state police" shall mean a former sworn member of the division of state police, who upon separation from the division of state police was immediately entitled to receive retirement benefits under the provisions of the retirement and social security law.

 3. The provisions of this section shall only apply to license applications made or renewals which must be made on or after the effective date of this section. A license to carry or possess a pistol or revolver issued pursuant to the provisions of section 400.00 of this article to a person covered by the provisions of this section shall be valid until such license would have expired pursuant to the provisions of section 400.00 of this article; provided that, on or after the effective date of this section, an application or renewal of such license shall be made pursuant to the provisions of this section.

 4. Except for the designation of the superintendent of state police as the licensing officer for retired sworn members of the division of state police, all of the provisions and requirements of section 400.00 of this article and any other provision of law shall be applicable to individuals licensed pursuant to this section. In addition all provisions of section 400.00 of this article, except for the designation of the superintendent of state police as licensing officer are hereby deemed applicable to individuals licensed pursuant to this section.
 

Section 400.05 Disposition of weapons and dangerous instruments, appliances and substances

 1. Any weapon, instrument, appliance or substance specified in article two hundred sixty-five, when unlawfully possessed, manufactured, transported or disposed of, or when utilized in the commission of an offense, is hereby declared a nuisance.  When the same shall come into the possession of any police officer or peace officer, it shall be surrendered immediately to the official mentioned in paragraph (f) of subdivision one of section 265.20, except that such weapon, instrument, appliance or substance coming into the possession of the state police shall be surrendered to the superintendent of state police.

 2. The official to whom the weapon, instrument, appliance or substance which has subsequently been declared a nuisance pursuant to subdivision one of this section is so surrendered shall, at any time but at least once each year, destroy the same or cause it to be destroyed, or render the same or cause it to be rendered ineffective and useless for its intended purpose and harmless to human life.

 3. Notwithstanding subdivision two of this section, the official to whom the weapon, instrument, appliance or substance is so surrendered shall not destroy the same if (a) a judge or justice of a court of record, or a district attorney, shall file with the official a certificate that the non-destruction thereof is necessary or proper to serve the ends of justice;  or (b) the official directs that the same be retained in any laboratory conducted by any police or sheriff's department for the purpose of research, comparison, identification or other endeavor toward the prevention and detection of crime.

 4. In the case of any machine-gun or firearm taken from the possession of any person, the official to whom such weapon is surrendered pursuant to subdivision one of this section shall immediately notify the executive department, division of state police, Albany, giving the calibre, make, model, manufacturer's name and serial number, or if none, any other distinguishing number or identification mark.  A search of the files of such division and notification of the results of the search to such official shall immediately be made.

 5. Before any machine-gun or firearm is destroyed pursuant to subdivision two of this section, (a) the official to whom the same has been surrendered shall forward to the executive department, division of state police, Albany, a notice of intent to destroy and the calibre, make, model, manufacturer's name and serial number, or if none, any other distinguishing number or identification mark of the machine-gun or firearm;  (b) such division shall make and keep a record of such description together with the name and address of the official reporting the same and the date such notice was received;  and (c) a search of the files of such division and notification of the results of the search to such official shall be made without unnecessary delay.

  6. A firearm which is surrendered or voluntarily delivered pursuant to section 265.20 of this chapter and which has not been declared a nuisance pursuant to subdivision one of this section, shall be retained by the official to whom it was delivered for a period not to exceed one year.  Prior to the expiration of such time period, the person who surrendered such firearm or firearms, shall have the right to arrange for the sale, or transfer, of such weapons to a dealer in firearms licensed in accordance with this chapter or for the transfer of such weapons to himself provided that a license therefor has been issued in accordance with this chapter.  If no such disposition is made within the time provided, the weapon, or weapons concerned shall be declared a nuisance and shall be disposed of in accordance with the provisions of this section.
 

Section 400.10 Report of theft or loss of a firearm, rifle or shotgun

 1. Whenever a person reports the theft or loss of a firearm, rifle or shotgun to any peace officer, police department or sheriff's office, the officer or department receiving such report shall forward notice of such theft or loss to the division of state police via the New York State Automated Criminal Justice Information System.  The notice shall contain information in compliance with the New York Statewide Police Information Network Operating Manual, including the caliber, make, model, manufacturer's name and serial number, if any, and any other distinguishing number or identification mark on the weapon.

 2. The division of state police shall receive, collect and file the information referred to in subdivision one of this section.  The division shall cooperate, and undertake to furnish or make available to law enforcement agencies this information, for the purpose of coordinating law enforcement efforts to locate such weapons.

Section 405.00 Permits for public displays of fireworks.

 1. Definition of "permit authority."  The term "permit authority," as used in this section, means and includes the agency authorized to grant and issue the permits provided in this section, which agency in the territory within a state park shall be the state agency having custody and control thereof, in the territory within a county park shall be the county park commission, or such other agency having jurisdiction, control and/or operation of the parks or parkways within which any fireworks are to be displayed, in a city shall be the duly constituted licensing agency thereof and, in the absence of such agency, shall be an officer designated for the purpose by the legislative body thereof, in a village shall be an officer designated for the purpose by the board of trustees thereof and in the territory of a town outside of villages shall be an officer designated for the purpose by the town board thereof.

 2. Permits for public displays.  Notwithstanding the provisions of section 270.00, the permit authority of a state park, county park, city, village or town may upon application in writing, grant a permit for the public display of fireworks by municipalities, fair associations, amusement parks or organizations of individuals.  The application for such permit shall set forth:

  (a) The name of the body sponsoring the display and the names of the persons actually to be in charge of the firing of the display.

  (b) The date and time of day at which the display is to be held.

  (c) The exact location planned for the display.

  (d) The age, experience and physical characteristics of the persons who are to do the actual discharging of the fireworks.

  (e) The number and kind of fireworks to be discharged.

  (f) The manner and place of storage of such fireworks prior to the display.

  (g) A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged, the location of all  buildings, highways and other lines of communication, the lines behind which the audience will be restrained and the location of all nearby trees, telegraph or telephone lines or other overhead obstructions.

  (h) Such other information as the permit authority may deem necessary to protect persons or property.

 3. Applications for permits.  All applications for permits for the public display of fireworks shall be made at least five days in advance of the date of the display and the permit shall contain provisions that the actual point at which the fireworks are to be fired shall be at least two hundred feet from the nearest permanent building, public highway or railroad or other means of travel and at least fifty feet from the nearest above ground telephone or telegraph line, tree or other overhead obstruction, that the audience at such display shall be restrained behind lines at least one hundred and fifty feet from the point at which the fireworks are discharged and only persons in active charge of the display shall be allowed inside these lines, that all fireworks that fire a projectile shall be so set up that the projectile will go into the air as nearby as possible in a vertical direction, unless such fireworks are to be fired from the shore of a lake or other large body of water, when they may be directed in such manner that the falling residue from the deflagration will fall into such lake or body of water, that any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining, that no fireworks display shall be held during any wind storm in which the wind reaches a velocity of more than thirty miles per hour, that all the persons in actual charge of firing the fireworks shall be over the age of eighteen years, competent and physically fit for the task, that there shall be at least two such operators constantly on duty during the discharge and that at least two sodaacid or other approved type fire extinguishers of at least two and one-half gallons capacity each shall be kept at as widely separated points as possible within the actual area of the display.  The legislative body of a state park, county park, city, village or town may provide for approval of such permit by the head of the police or fire department or both where there are such departments.  No permit granted and issued hereunder shall be transferable. After such permit shall have been granted, sales, possession, use and distribution of fireworks for such display shall be lawful solely therefor.

3-a. Notwithstanding the provisions of subdivision three of this section, no permit may be issued to conduct a public display of fireworks upon any property where the boundary line of such property is less than five hundred yards form the boundary line of any property which is owned, leased or operated by any breeder as defined in subdivision four of section two hundred forty-four of the racing, pari-mutuel wagering and breeding law.

 4. Bonds.  Before granting and issuing a permit for a public display of fireworks as herein provided, the permit authority shall require an adequate bond from the applicant therefor, unless it is a state park, county park, city, village or town, or from the person to whom a contract for such display shall be awarded, in a sum to be fixed by the permit authority, which, however, shall not be less than five thousand dollars, conditioned for the payment of all damages, which may be caused to a person or persons or to property, by reason of the display so permitted and arising from any acts of the permittee, his agents, employees, contractors or subcontractors.  Such bond shall run to the state park, county park, city, village or town in which the permit is granted and issued and shall be for the use and benefit of any person or persons or any owner or owners of any property so injured or damaged, and such person or persons or such owner or owners are hereby authorized to maintain an action thereon, which right of action also shall accrue to the heirs, executors, administrators, successors or assigns of such person or persons or such owner or owners.  The permit authority may accept, in lieu of such bond, an indemnity insurance policy with liability coverage and indemnity protection equivalent to the terms and conditions upon which such bond is predicated and for the purposes herein provided.

 5. Local ordinances superseded.  All local ordinances regulating or prohibiting the display of fireworks are hereby superseded by the provisions of this section.  Every city, town or village shall have the power to enact ordinances or local laws regulating or prohibiting the use, or the storage, transportation or sale for use of fireworks in the preparation for or in connection with television broadcasts.
 

Section 405.05 Seizure and destruction of fireworks

 Fireworks possessed unlawfully may be seized by any peace officer, acting pursuant to his special duties, or police officer, who must deliver the same to the magistrate before whom the person arrested is required to be taken.  The magistrate must, upon the examination of the defendant, or if such examination is delayed or prevented, without awaiting such examination, determine whether the fireworks had been possessed by the defendant in violation of the provisions of section 270.00;  and if he finds that the fireworks had been so possessed by the defendant, he must cause such fireworks to be destroyed, in a way safe for the particular type of such fireworks, or to be delivered to the district attorney of the county in which the defendant is liable to indictment or trial, as the interests of justice and public safety may, in his opinion, require.  Upon the conviction of the defendant, the district attorney must cause to be destroyed, in a way safe for the particular type of such fireworks, the fireworks in respect whereof the defendant stands convicted, and which remain in the possession or under the control of the district attorney.

Section 405.10 Permits for indoor pyrotechnics. 

1. Definitions. For the purposes of this section, the following terms have the following meanings: 

    a. Airburst. A pyrotechnic device that is suspended in the air to simulate outdoor aerial fireworks shells without producing hazardous debris. 

    b. Areas of public assembly. All buildings or portions of buildings used for gathering together fifty or more persons for amusement, athletic, civic, dining, educational, entertainment, patriotic, political, recreational, religious, social, or similar purposes, the entire fire area of which they are a part, and the means of egress therefrom. 

    c. Assistant. A person who works under the supervision of the pyrotechnic operator. 

    d. Audience. Spectators whose primary purpose is to view a performance. 

    e. Building. A combination of any materials, whether portable or fixed, having a roof, to form a structure affording shelter for persons, animals, or property. The word "building" shall be construed for the purposes of this section as though followed by the words "or part or parts thereof", unless the context clearly requires a different meaning. 

    f. Concussion mortar. A device specifically designed and constructed to produce a loud noise and a violent jarring shock for dramatic effect without producing any damage. 

    g. Fallout area. The area in which any hazardous debris falls after a pyrotechnic device is fired. The fallout area is defined as a circle that, in turn, is defined by the fallout radius. 

    h. Fallout radius. A line that defines the fallout area of a pyrotechnic device. The line is defined by two points. The first point is at the center of a pyrotechnic device. The second point is the point most distant from the center of the pyrotechnic device at which any hazardous debris from the device can fall.

    i. Fire area. The floor area of a story of a building within exterior walls, party walls, fire walls, or any combination thereof. 

    j. Hazardous debris. Any debris, produced or expelled by the functioning of a pyrotechnic device, that is capable of causing personal injury or unpredicted property damage. This includes, but is not limited to, hot sparks, heavy casing fragments, and unignited components. Materials such as confetti, lightweight foam pieces, feathers, or novelties are not to be construed as hazardous debris. 

    k. Owner. Any person, agent, firm, association, limited liability company, partnership, or corporation having a legal or equitable interest in the property.

    l. Performance. The enactment of a musical, dramatic, operatic, or other entertainment production. The enactment may begin and progress to its end according to a script, plan, or other preconceived list of events, or deviate therefrom. A performance includes any encores. 

    m. Performer. Any person active in a performance during which pyrotechnics are used and who is not part of the audience or support personnel. Among others, performers include, but are not limited to, actors, singers, musicians, and acrobats. 

    n. Permit authority. The agency authorized to grant and issue the permits provided for in this section, which agency in the territory within a state park shall be the state agency having custody and control thereof, in the territory within a county park shall be the county park commission, or such other agency having jurisdiction, control, and/or operation of the parks or parkways within which any pyrotechnics are to be used, in a city shall be the duly constituted licensing agency thereof and, in the absence of such agency, shall be an officer designated for the purpose by the legislative body thereof, in a village shall be an officer designated for the purpose by the board of trustees thereof, and, in the territory of a town outside of villages, shall be an officer designated for the purpose by the town board thereof. 

    o. Permittee. (1) The person or persons who are responsible, as provided in subparagraph two of this paragraph, for obtaining the necessary permit or permits for the use of indoor pyrotechnics in areas of public assembly or for a production, or who are responsible for obtaining such permit or permits under an applicable local law or ordinance authorized pursuant to subdivision five of this section.

        (2) The owner of a place of public assembly or building in which pyrotechnics are to be used shall be responsible for obtaining such permit or permits; provided, however, that such owner, in writing, by agreement or lease, may require or otherwise authorize a lessee, licensee, pyrotechnic operator, or other party to be responsible for obtaining such permit or permits, in which case such other party or parties shall be deemed responsible for obtaining such permit or permits and shall be the permittee for purposes of this article; provided further that the structure is otherwise appropriate for such use under the New York state fire prevention and building code or other such applicable code. 

    p. Producer. An individual who has overall responsibility for the operation and management of the performance where the pyrotechnics are to be used. Generally, the producer is an employee of the promotion company, entertainment company, festival, theme park, or other entertainment group. 

    q. Production. All the performances of a musical, dramatic, operatic, or other show or series of shows. 

    r. Pyrotechnic device. Any device containing pyrotechnic materials and capable of producing a special effect as defined in this subdivision. 

    s. Pyrotechnic material (Pyrotechnic special effects material). A chemical mixture used in the entertainment industry to produce visible or audible effects by combustion, deflagration, or detonation. Such a chemical mixture consists predominantly of solids capable of producing a controlled, self-sustaining, and self-contained exothermic chemical reaction that results in heat, gas, sound, light, or a combination of these effects. The chemical reaction functions without external oxygen. 

    t. Pyrotechnic operator (Special effects operator). An individual who has responsibility for pyrotechnic safety and who controls, initiates, or otherwise creates special effects. 

    u. Pyrotechnic special effect. A special effect created through the use of pyrotechnic materials and devices.

    v. Pyrotechnics. Controlled exothermic chemical reactions that are timed to create the effects of heat, gas, sound, dispersion of aerosols, emission of visible electromagnetic radiation, or a combination of these effects to provide the maximum effect from the least volume. 

    w. Rocket. A pyrotechnic device that moves by the ejection of matter produced by the internal combustion of propellants. 

    x. Special effect. A visual or audible effect used for entertainment purposes, often produced to create an illusion. For example, smoke might be produced to create the impression of fog being present, or a puff of smoke, a flash of light, and a loud sound might be produced to create the impression that a cannon has been fired. 

    y. Support personnel. Any individual who is not a performer or member of the audience. Among others, support personnel include the road crew of any production, stage hands, property masters, security guards, fire watch officers, janitors, or any other employee. 

    z. Venue manager. An individual who has overall responsibility for the operation and management of the facility where pyrotechnics are to be used in a performance. 

2. Permit requirements. a. All uses of all pyrotechnics in areas of public assembly shall be approved by the permit authority. The permit authority shall determine that appropriate measures are established to provided acceptable crowd management, security, fire protection, (including sprinklers), and other emergency services. All planning and use of pyrotechnics shall be coordinated with the venue manager and producer. 

    b. Before the performance of any production, the permittee shall submit a plan for the use of pyrotechnics to the permit authority. After a permit has been granted, the permittee shall keep the plan available at the site for safety inspectors or other designated agents of the permit authority. Any addition of pyrotechnics to a performance or any significant change in the presentation of pyrotechnics shall require approval by the permit authority, except that reducing the number or size of pyrotechnics to be used in a performance shall not be considered to be a significant change in the presentation. 

    c. (1) The plan for the use of pyrotechnics shall be made in writing or such other form as is required or approved by the permit authority. 

        (2) The plan shall provide the following: 

            (a) Name of the person, group, organization, or other entity sponsoring the production. 

            (b) Date and time of day of the production. 

            (c) Exact location of the production. 

            (d) Name of the person actually in charge of firing the pyrotechnics (i.e., the pyrotechnic operator). 

            (e) Number, names, and ages of all assistants who are to be present. 

            (f) Qualifications of the pyrotechnic operator. 

            (g) Pyrotechnic experience of the operator. 

            (h) Confirmation of any applicable local, state, and federal licenses held by the operator or assistant. 

            (i) Evidence of the permittee`s insurance carrier or financial responsibility. 

            (j) Number and types of pyrotechnic devices and materials to be used, the operator`s experience with those devices and effects, and a definition of the general responsibilities of assistants. 

            (k) Diagram of the grounds or facilities where the production is to be held. This diagram shall show the point at which the pyrotechnic devices are to be fired, the fallout radius for each pyrotechnic device used in the performance, the lines behind which the audience shall be restrained, and the placement of sprinkler systems. 

            (l) Point of on-site assembly of pyrotechnic devices. 

            (m) Manner and place of storage of the pyrotechnic materials and devices. 

            (n) Material safety data sheet (MSDS) for the pyrotechnic materials to be used. 

            (o) Certification that the set, scenery, and rigging materials are inherently flame-retardant or have been treated to achieve flame retardancy. 

            (p) Certification that all materials worn by performers in the fallout area during use of pyrotechnic effects shall be inherently flame-retardant or have been treated to achieve flame retardancy. 

        (3) All plans shall be submitted as soon as is possible so that the permit authority has time to be present and to notify other interested parties. In no event shall such advance notice be less than five business days. 

    d. A walk-through and a representative demonstration of the pyrotechnics shall be approved by the permit authority before a permit is approved. The permit authority may waive this requirement based on past history, prior knowledge, and other factors; provided that the authority is confident that the discharge of pyrotechnics can be conducted safely. The demonstration shall be scheduled with sufficient time allowed to reset/reload the pyrotechnics before the arrival of the audience. 

    e. All pyrotechnic operators shall be at least twenty-one years old and licensed or approved by the permit authority in accordance with all applicable laws, if any. All assistants shall be at least eighteen years old. 

3. Conduct of pyrotechnic performances. a. Two or more fire extinguishers of the proper classification and size as approved by the permit authority shall be readily accessible while the pyrotechnics are being loaded, prepared for firing, or fired. In all cases, at least two pressurized water or pump extinguishers shall be available. Additional fire extinguishing equipment shall be provided as required by the permit authority. Personnel who have a working knowledge of the use of the applicable fire extinguishers shall be present while the pyrotechnics are being handled, used, or removed. No personnel shall use or handle pyrotechnic materials or devices while under the influence of intoxicating beverages, narcotics, controlled substances, and prescription or nonprescription drugs that can impair judgment. Fire detection and life safety systems shall not be interrupted during the operation of pyrotechnic effects. 

    b. (1) All pyrotechnic devices shall be mounted in a secure manner to maintain their proper positions and orientations so that, when they are fired, the pyrotechnic effects described in the plan submitted by the permittee are produced. Pyrotechnic devices shall be mounted so that no fallout from the device endangers human lives, results in personal injury, or damages property. Pyrotechnic materials shall be fired only from equipment specifically constructed for the purpose of firing pyrotechnic materials. The pyrotechnic operator shall be responsible for selecting equipment and materials that are compatible. 

        (2) Where rockets are launched before an audience, performers, or support personnel, the rockets shall be attached securely to a guide wire or cable with both ends securely attached and placed on an impact-resistant surface located at the terminal end of the guide. This guide wire or cable shall be of sufficient strength and flame resistance to withstand the exhaust from the rocket. An effective arrangement to stop the rocket shall be provided. 

        (3) Pyrotechnics shall be: (a) placed so that any hazardous debris falls into a safe, flame-resistant area; (b) fired so that the trajectory of their pyrotechnic material is not carried over the audience; and (c) placed for firing so that no flammable materials are within their fallout area. 

        (4) Pyrotechnic devices and materials used indoors shall be specifically manufactured and marked for indoor use by the manufacturer. 

        (5) Airbursts shall be permitted to be fired above the assembled audience, subject to the following conditions: 

            (a) The airburst shall be suspended by a minimum 30-gauge metal wire that is attached securely to a secure support acceptable to the authority having jurisdiction. 

            (b) The airburst shall occur at a minimum height of three times the diameter of the effect. 

            (c) Where the effect is demonstrated, there shall be no burning or glowing particles below the fifteen-foot level above the floor. 

    c. Each pyrotechnic device fired during a performance shall be separated from the audience by at least fifteen feet but not by less than twice the fallout radius of the device. Concussion mortars shall be separated from the audience by a minimum of twenty-five feet. There shall be no glowing or flaming particles within ten feet of the audience. 

    d. (1) The facility where pyrotechnic materials and devices are handled and used shall be maintained in a neat and orderly condition and shall be kept free of any conditions that can create a fire hazard. 

        (2) Smoking shall not be permitted within twenty-five feet of the area where pyrotechnics are being handled or fired; provided that smoking by performers as part of the performance shall be permitted as blocked in rehearsals and if expressly approved by the pyrotechnic operator and the permit authority. 

    e. (1) The pyrotechnic effect operator shall advise all performers and support personnel that they are exposed to a potentially hazardous situation when performing or otherwise carrying out their responsibilities in the vicinity of a pyrotechnic effect. Performers and support personnel familiar and experienced with the pyrotechnic effects being used shall be permitted to be in the area of a pyrotechnic effect, but only voluntarily and in the performance of their duties. 

        (2) No part, projectile, or debris from the pyrotechnic material or device shall be propelled so that it damages overhead properties, overhead equipment, or the ceiling and walls of the facility. 

        (3) Immediately before any performance, the pyrotechnic operator shall make a final check of wiring, positions, hook-ups, and pyrotechnic devices to ensure that they are in proper working order. The pyrotechnic operator also shall verify safety distances. 

        (4) The placement and wiring of all pyrotechnic devices shall be designed to minimize the possibility of performers and support personnel disturbing the devices during a performance.

        (5) The pyrotechnic operator shall exercise extreme care throughout the performance to ensure that the pyrotechnic devices function correctly and that the performers, support personnel, and audience are clear of the devices.

        (6) When pyrotechnics are fired, the quantity of smoke developed shall be controlled so as not to obscure the visibility of exit signs or paths of egress. 

4. Bonds. Before granting and issuing a permit for a use of pyrotechnics as provided in this section, the permit authority shall require an adequate bond from the applicant therefor, unless such applicant is a state park, county park, city, village, or town, or from the person to whom a contract for such use shall be awarded, in a sum to be fixed by the permit authority, which, however, shall not be less than five hundred thousand dollars, conditioned for the payment of all damages which may be caused to a person or persons or to property by reason of the use so permitted and arising from any acts of the permittee, his or her agents, employees, contractors, or subcontractors. Such bond shall run to the owner of the facility for which the permit is granted and issued and shall be for the use and benefit of any person or persons or any owner or owners of any property so injured or damaged, and such person or persons or such owner or owners are hereby authorized to maintain an action thereon, which right of action also shall accrue to the heirs, executors, administrators, successors, or assigns of such person or persons or such owner or owners. The permit authority may accept, in lieu of such bond, an indemnity insurance policy with liability coverage and indemnity protection equivalent to the terms and conditions upon which such bond is predicated and for the purposes herein provided. 

5. Local laws or ordinances superseded. All local laws or ordinances regulating the use of pyrotechnics within the contemplation of this section are hereby superseded by the provisions of this section, with the exception of: 

    a. all laws or ordinances enacted by a city of one million or more; and 

    b. other local laws or ordinances that prohibit the use of indoor pyrotechnics. 

Section 405.12 Unpermitted use of indoor pyrotechnics in the second degree. 

A person is guilty of unpermitted use of indoor pyrotechnics in the second degree when he or she is responsible for obtaining a necessary permit to use indoor pyrotechnics, as required by paragraph o of subdivision one of section 405.10 of this article, and, without obtaining such permit or knowing that he or she is not in compliance with the terms of a permit, he or she intentionally ignites or detonates pyrotechnics for which such permit is required, or knowingly permits another to ignite or detonate such pyrotechnics, in a building, as defined in paragraph e of subdivision one of section 405.10 of this article. 

Unpermitted use of indoor pyrotechnics in the second degree is a class A misdemeanor. 

Section 405.14 Unpermitted use of indoor pyrotechnics in the first degree. 

A person is guilty of unpermitted use of indoor pyrotechnics in the first degree when he or she commits the crime of unpermitted use of indoor pyrotechnics in the second degree, as defined in section 405.12 of this article, and, within the previous five year period, he or she has been convicted one or more times of the crime of unpermitted use of indoor pyrotechnics in the second degree, as defined in section 405.12 of this article, or unpermitted use of indoor pyrotechnics in the first degree, as defined in this section.

 Unpermitted use of indoor pyrotechnics in the first degree is a class E felony. 

Section 405.16 Aggravated unpermitted use of indoor pyrotechnics in the second degree. 

A person is guilty of aggravated unpermitted use of indoor pyrotechnics in the second degree when he or she commits the crime of unpermitted use of indoor pyrotechnics in the second degree, as defined in section 405.12 of this article, and, by means of igniting or detonating such indoor pyrotechnics, he or she recklessly: (1) causes physical injury to another person; or (2) damages the property of another person in an amount that exceeds two hundred fifty dollars. 

Aggravated unpermitted use of indoor pyrotechnics in the second degree is a class E felony.

Section 405.18 Aggravated unpermitted use of indoor pyrotechnics in the first degree. 

A person is guilty of aggravated unpermitted use of indoor pyrotechnics in the first degree when he or she commits the crime of unpermitted use of indoor pyrotechnics in the second degree, as defined in section 405.12 of this article, and, by means of igniting or detonating such indoor pyrotechnics, he or she recklessly causes serious physical injury or death to another person. 

Aggravated unpermitted use of indoor pyrotechnics in the first degree is a class D felony.

Section 410.00 Seizure and forfeiture of equipment used in photographing, filming, producing, manufacturing, projecting or distributing pornographic still or motion pictures.

 1. Any peace officer, acting pursuant to his special duties, or police officer of this state may seize any equipment used in the photographic, filming, printing, producing, manufacturing or projecting of pornographic still or motion pictures and may seize any vehicle or other means of transportation, other than a vehicle or other means of transportation used by any person as a common carrier in the transaction of business as such common carrier, used in the distribution of such obscene prints and articles and such equipment or vehicle or other means of transportation shall be subject to forfeiture as hereinafter in this section provided.

 2. The seized property shall be delivered by the police officer or peace officer having made the seizure to the custody of the district attorney of the county wherein the seizure was made, except that in the cities of New York, Yonkers and Buffalo, the seized property shall be delivered to the custody of the police department of such cities, together with a report of all the facts and circumstances of the seizure.

 3. It shall be the duty of the district attorney of the county wherein the seizure was made, if elsewhere than in the cities of New York or Buffalo, and where the seizure is made in either such city it shall be the duty of the corporation counsel of the city, to inquire into the facts of the seizure so reported to him and if it appears probable that a forfeiture has been incurred, for the determination of which the institution of proceedings in the supreme court is necessary, to cause the proper proceedings to be commenced and prosecuted, at any time after thirty days from the date of seizure, to declare such forfeiture, unless, upon inquiry and examination such district attorney or corporation counsel decides that such proceedings cannot probably be sustained or that the ends of public justice do not require that they should be instituted or prosecuted, in which case, the district attorney or corporation counsel shall cause such seized property to be returned to the owner thereof.

 4. Notice of the institution of the forfeiture proceeding shall be served either (a) personally on the owners of the seized property or (b) by registered mail to the owners' last known address and by publication of the notice once a week for two successive weeks in a newspaper published or circulated in the county wherein the seizure was made.

 5. Forfeiture shall not be adjudged where the owners established by preponderance of the evidence that (a) the use of such seized property was not intentional on the part of any owner, or (b) said seized property was used by any person other than an owner thereof, while such seized property was unlawfully in the possession of a person who acquired possession thereof in violation of the criminal laws of the United States, or of any state.

 6. The district attorney or the police department having custody of the seized property, after such judicial determination of forfeiture, shall, by a public notice of at least five days, sell such forfeited property at public sale.  The net proceeds of any such sale, after deduction of the lawful expenses incurred, shall be paid into the general fund of the county wherein the seizure was made except that the net proceeds of the sale of property seized in the cities of New York and Buffalo shall be paid into the respective general funds of such cities.

 7. Whenever any person interested in any property which is seized and declared forfeited under the provisions of this section files with a justice of the supreme court a petition for the recovery of such forfeited property, the justice of the supreme court may restore said forfeited property upon such terms and conditions as he deems reasonable and just, if the petitioner establishes either of the affirmative defenses set forth in subdivision five of this section and that the petitioner was without personal or actual knowledge of the forfeiture proceedings.  If the petition be filed after the sale of the forfeited property, any judgment in favor of the petitioner shall be limited to the net proceeds of such sale, after deduction of the lawful expenses and costs incurred by the district attorney, police department or corporation counsel.

 8. No suit or action under this section for wrongful seizure shall be instituted unless such suit or action is commenced within two years after the time when the property was seized.

 9. For the purposes of this section only, a pornographic still or motion picture, is defined as a still or motion picture showing acts of sexual intercourse or acts of sexual perversion.  This section shall not be construed as applying to bona fide medical photographs or films.

Section 415.00 Seizure and forfeiture of vehicles, vessels and aircraft used to transport or conceal gambling records

 1. It shall be unlawful to transport, carry, convey or conceal in, upon or by means of any vehicle, vessel or aircraft, with knowledge of the contents thereof, any writing, paper, instrument or article:

  (a) Of a kind commonly used in the operation or promotion of a bookmaking scheme or enterprise, and constituting, reflecting or representing more than five bets totaling more than five thousand dollars;  or

  (b) Of a kind commonly used in the operation, promotion or playing of a lottery or policy scheme or enterprise, and constituting, reflecting or representing more than five hundred plays or chances therein.

 2. Any vehicle, vessel or aircraft which has been or is being used in violation of subdivision one by a person other than a bettor, player or shareholder whose bets, plays or shares are represented by all such writings, papers, instruments or articles, shall be seized by any peace officer, who is acting pursuant to his special duties, or police officer, and forfeited as provided in this section.  However, such forfeiture and seizure provisions shall not apply to any vehicle, vessel or aircraft used by any person as a common carrier in the transaction of business as such common carrier.

 3. The seized property shall be delivered by the police officer or peace officer having made the seizure to the custody of the district attorney of the county wherein the seizure was made, except that in the cities of New York, Yonkers and Buffalo, the seized property shall be delivered to the custody of the police department of such cities, together with a report of all the facts and circumstances of the seizure.

 4. It shall be the duty of the district attorney of the county wherein the seizure is made, if elsewhere than in the cities of New York, Yonkers or Buffalo, and where the seizure is made in either such city it shall be the duty of the corporation counsel of the city, to inquire into the facts of the seizure so reported to him and if it appears probable that a forfeiture has been incurred by reason of a violation of this section, for the determination of which the institution of proceedings in the supreme court is necessary, to cause the proper proceedings to be commenced and prosecuted, at any time after thirty days from the date of seizure, to declare such forfeiture, unless, upon inquiry and examination, such district attorney or corporation counsel decides that such proceedings can not probably be sustained or that the ends of public justice do not require that they should be instituted or prosecuted, in which case, the district attorney or corporation counsel shall cause such seized property to be returned to the owner thereof.

 5. Notice of the institution of the forfeiture proceeding shall be served either (a) personally on the owners of the seized property, or (b) by registered mail to the owners' last known address and by publication of the notice once a week for two successive weeks in a newspaper published or circulated in the county wherein the seizure was made.

 6. Forfeiture shall not be adjudged where the owners establish by preponderance of the evidence that (a) the use of such seized property, in violation of subdivision one of this section, was not intentional on the part of any owner, or (b) said seized property was used in violation of subdivision one of this section by any person other than an owner thereof, while such seized property was unlawfully in the possession of a person who acquired possession thereof in violation of the criminal laws of the United States, or of any state.

 7. The district attorney or the police department having custody of the seized property, after such judicial determination of forfeiture, shall, at their discretion, either retain such seized property for the official use of their office or department, or, by a public notice of at least five days, sell such forfeited property at public sale.  The net proceeds of any such sale, after deduction of the lawful expenses incurred, shall be paid into the general fund of the county wherein the seizure was made except that the net proceeds of the sale of property seized in the cities of New York, Yonkers and Buffalo shall be paid into the respective general funds of such cities.

 8. Whenever any person interested in any property which is seized and declared forfeited under the provisions of this section files with a justice of the supreme court a petition for the recovery of such forfeited property, the justice of the supreme court may restore said forfeited property upon such terms and conditions as he deems reasonable and just, if the petitioner establishes either of the affirmative defenses set forth in subdivision six of this section and that the petitioner was without personal or actual knowledge of the forfeiture proceeding.  If the petition be filed after the sale of the forfeited property, any judgment in favor of the petitioner shall be limited to the net proceeds of such sale after deduction of the lawful expenses and costs incurred by the district attorney, police department or corporation counsel.

 9. No suit or action under this section for wrongful seizure shall be instituted unless such suit or action is commenced within two years after the time when the property was seized.

Section 420.00 Seizure and destruction of unauthorized recordings.

 Any article produced in violation of article two hundred seventy-five of this chapter may be seized by any police officer upon the arrest of any individual in possession of same. Upon final determination of the charges, the court shall, upon proper notice by the district attorney or representative of the crime victim or victims, after prior notice to the district attorney and custodian of the seized property, enter an order preserving any goods manufactured, sold, offered for sale, distributed or produced in violation of this article, as evidence for use in other cases, including a civil action. This notice must be received within thirty days of final determination of the charges. The cost of storage, security, and destruction of goods so ordered for preservation  and use as evidence in a civil action, other than a civil action under article thirteen-A of civil practice law and rules initiated by the district attorney, shall be paid by the party seeking preservation of the evidence for a civil action. If no such order is entered within the thirty day period, the district attorney or custodian of the seized property must cause such articles to be destroyed. Destruction shall not include auction, sale, or distribution of the items in their original form.
 

Section 420.05 Seizure and forfeiture of equipment used in the production of unauthorized recordings

 1. Any police officer of this state may seize any equipment, or components, used in the manufacture or production of unauthorized recordings and may seize any vehicle or other means of transportation, other than a vehicle or means of transportation used by any person as a common carrier in the transaction of business as such common carrier, used in the distribution of such unauthorized recordings and such equipment or vehicle or other means of transportation shall be subject to forfeiture as provided in this section.

 2. The seized property shall be delivered by the police officer having made the seizure to the custody of the district attorney of the county wherein the seizure was made, except that in the cities of New York, Yonkers and Buffalo, the seized property shall be delivered to the custody of the police department of such cities, together with a report of all the facts and circumstances of the seizure.

 3. It shall be the duty of the district attorney of the county wherein the seizure was made, if elsewhere than in the city of New York, Yonkers or Buffalo, and where the seizure is made in either such city, it shall be the duty of the corporation counsel of the city, to inquire into the facts of the seizure so reported to him and if it appears probable that a forfeiture has been incurred for the determination of which the institution of proceedings in the supreme court is necessary, to cause the proper proceedings to be commenced and prosecuted, at any time after thirty days from the date of seizure, to declare such forfeiture, unless, upon inquiry and examination such district attorney or corporation counsel decides that such proceedings cannot probably be sustained or that the ends of public justice do not require that they should be instituted or prosecuted, in which case, the district attorney or corporation counsel shall cause such seized property to be returned to the owner thereof.

 4. Notice of the institution of the forfeiture proceeding shall be served either:

  (a) Personally on the owners of the seized property;  or

  (b) by registered mail to the owners' last known address and by publication of the notice once a week for two successive weeks in a newspaper published or circulated in the county wherein the seizure was made.

 5. Forfeiture shall not be adjudged where the owners established by preponderance of the evidence that:

  (a) the use of such seized property was not intentional on the part of any owner;  or

  (b) said seized property was used by any person other than an owner thereof, while such seized property was unlawfully in the possession of a person who acquired possession thereof in violation of the criminal laws of the United States, or of any state.

 6. The district attorney or the police department having custody of the seized property, after such judicial determination of forfeiture, shall, by a public notice of at least five days, sell such forfeited property at public sale.  The net proceeds of any such sale, after deduction of the lawful expenses incurred, shall be paid into the general fund of the county wherein the seizure was made except that the net proceeds of the sale of property seized in the cities of New York, Yonkers and Buffalo shall be paid into the respective general funds of such cities.

 7. Whenever any person interested in any property which is seized and declared forfeited under the provisions of this section files with a justice of the supreme court a petition for the recovery of such forfeited property, the justice of the supreme court may restore said forfeited property upon such terms and conditions as he deems reasonable and just, if the petitioner establishes either of the affirmative defenses set forth in subdivision five of this section and that the petitioner was without personal or actual knowledge of the forfeiture proceeding.  If the petition be filed after the sale of the forfeited property, any judgment in favor of the petitioner shall be limited to the net proceeds of such sale, after deduction of the lawful expenses and costs incurred by the district attorney, police department or corporation counsel.

 8. No suit or action under this section for wrongful seizure shall be instituted unless such suit or action is commenced within two years after the time when the property was seized.

Section 450.10 Disposal of stolen property

  1. When property, other than contraband including but not limited to those items subject to the provisions of sections 410.00, 415.00, 420.00 and 420.05 of this chapter, alleged to have been stolen is in the custody of a police officer, a peace officer or a district attorney and a request for its release is made prior to or during the criminal proceeding, it may not be released except as provided in subdivisions two, three and four of this section.  When a request is made for the return of stolen property under this section, the police officer, peace officer or district attorney in possession of such property must provide written notice to the defendant or his counsel of such request as soon as practicable.  Such notice shall advise the defendant or his counsel of the date on which the property will be released and the name and address of a person with whom arrangements can be made for the examination, testing, photographing, photocopying or other reproduction of said property.

 2. Both the defendant's counsel and the prosecutor thereafter shall make a diligent effort to examine, test and photograph, photocopy or otherwise reproduce the property.  Either party may apply to the court for an extension of any period allowed for examination, testing, photographing, photocopying or otherwise reproducing the property.  For good cause shown the court may order retention of the property for use as evidence by either party.  Unless extended by a court order sought by either party on notice to the other, the property shall be released no later than the time periods for retention set forth in subdivisions three and four of this section to the person making such request after satisfactory proof of such person's entitlement to the possession thereof.  Unless a court, upon application of either party with notice to the other, orders otherwise, the release of property in accordance with the provisions of this section shall be unconditional.

 3. Except as provided in subdivision four of this section, when a request is made for the release of property described in subdivision one of this section, the property shall be retained until either the expiration of a fifteen day period from receipt by the defendant or his counsel of the notice of the request, or the examination testing and photographing, photocopying or other reproduction of such property, by the parties, whichever event occurs first.  The fifteen day period may be extended by up to five additional days by agreement between the parties.

 4. (a) Except as provided in paragraphs (b) and (c) of this subdivision and in subdivision eleven of this section, when a request is made for the release of property described in subdivision one of this section, and the property shall consist of perishables, fungible retail items, motor vehicles or any other property release of which is necessary for either the operation of a business or the health or welfare of any person, the property shall be retained until either the expiration of a forty-eight hour period from the receipt by the defendant's counsel of the notice of the request, or the examination, testing and photocopying, photographing or other reproduction of such property, by the parties whichever event occurs first.  The forty-eight hour period may be extended by up to twenty-four additional hours by agreement between the parties.  For the purposes of this section, perishables shall mean any property likely to spoil or decay or diminish significantly in value within twenty days of the initial retention of the property.

  (b) If, upon oral or written application by the district attorney with notice to the defendant or his counsel, a court determines that immediate release of property described in paragraph (a) of this subdivision is required under the attendant circumstances, the court shall issue an order releasing the property and, if requested by either party, setting, as a part of such order, any condition appropriate in the furtherance of justice.

   (c) A motor vehicle alleged to have been stolen but not alleged to have been used in connection with any crime or criminal transaction other than the theft or unlawful use of said motor vehicle, which is in the custody of a police officer, a peace officer or a district attorney, may be released expeditiously to its registered owner or the owner's representative without prior notice to the defendant.  Before such release, evidentiary photographs shall be taken of such motor vehicle.  Such photographs shall include the vehicle identification number, registration on windshield, license plates, each side of the vehicle, including vent windows, door locks and handles, the front and back of the vehicle, the interior of the vehicle, including ignition lock, seat to floor clearance, center console, radio receptacle and dashboard area, the motor, and any other interior or exterior surfaces showing any and all damage to the vehicle.  Notice of such release, and the photographs taken of said vehicle, shall be furnished to the defendant within fifteen days after arraignment or after counsel initially appears on behalf of the defendant or respondent, whichever occurs later.

 5. If stolen property comes into the custody of a court, it must, unless temporary retention be deemed necessary in furtherance of justice, be delivered to the owner, on satisfactory proof of his title, and on his paying the necessary expenses incurred in its preservation, to be certified by the court.

 6. If stolen property has not been delivered to the owner, the court before which a trial is had for stealing it, may, on proof of his title, order it to be restored to the owner.

 7. If stolen property is not claimed by the owner, before the expiration of six months from the conviction of a person for stealing it, the court or other officer having it in custody must, on payment of the necessary expenses incurred in its preservation, deliver it to the county commissioner of social services, or in the city of New York, to the commissioner of social services, to be applied for the benefit of the poor of the county or city, as the case may be.

 8. Except in the city of New York, when money or other property is taken from a defendant, arrested upon a charge of an offense, the officer taking it must, at the time, give duplicate receipts therefor, specifying particularly the amount of property taken, one of which receipts he must deliver to the defendant, and the other of which he must forthwith file with the court in which the criminal action is pending.

 9. The commissioners of police of the city of New York may designate some person to take charge of all property alleged to be stolen, and which may be brought into the police office, and all property taken from the person of a prisoner, and may prescribe regulations in regard to the duties of the clerk or clerks so designated, and to require and take security for the faithful performance of the duties imposed by this subdivision, and it shall be the duty of every officer into whose possession such property may come, to deliver the same forthwith to the person so designated.

 10. Where there has been a failure to comply with the provisions of this section, and where the district attorney does not demonstrate to the satisfaction of the court that such failure has not caused the defendant prejudice, the court shall instruct the jury that it may consider such failure in determining the weight to be given such evidence and may also impose any other sanction set forth in subdivision one of section 240.70 of the criminal procedure law;  provided, however, that unless the defendant has convinced the court that such failure has caused him undue prejudice, the court shall not preclude the district attorney from introducing into evidence the property, photographs, photocopies, or other reproductions of the property or, where appropriate, testimony concerning its value and condition, where such evidence is otherwise properly authenticated and admissible under the rules of evidence.  Failure to comply with any one or more of the provisions of this section shall not for that reason alone be grounds for dismissal of the accusatory instrument.

 11. When a request for the release of stolen property is made pursuant to paragraph (a) of subdivision four of this section and the defendant is not represented by counsel the notice required pursuant to subdivision one of this section shall be personally delivered to the defendant and release of said property shall not occur for a period less than five days:  from (a) the delivery of such notice;  or (b) in the case of delivery to such person in custody, from the first appearance before the court, whichever is later.

Section 460.00 Legislative findings

 The legislature finds and determines as follows:

 Organized crime in New York state involves highly sophisticated, complex and widespread forms of criminal activity.  The diversified illegal conduct engaged in by organized crime, rooted in the illegal use of force, fraud, and corruption, constitutes a major drain upon the state's economy, costs citizens and businesses of the state billions of dollars each year, and threatens the peace, security and general welfare of the people of the state.

 Organized crime continues to expand its corrosive influence in the state through illegal enterprises engaged in such criminal endeavors as the theft and fencing of property, the importation and distribution of narcotics and other dangerous drugs, arson for profit, hijacking, labor racketeering, loansharking, extortion and bribery, the illegal disposal of hazardous wastes, syndicated gambling, trafficking in stolen securities, insurance and investment frauds, and other forms of economic and social exploitation.

 The money and power derived by organized crime through its illegal enterprises and endeavors is increasingly being used to infiltrate and corrupt businesses, unions and other legitimate enterprises and to corrupt our democratic processes.  This infiltration takes several forms with legitimate enterprises being employed as instrumentalities, injured as victims, or taken as prizes. Through such infiltration the power of an enterprise can be diverted to criminal ends, its resources looted, or it can be taken over entirely, either on paper or de facto.  Thus, for purposes of making both criminal and civil remedies available to deal with the corruption of such enterprises, the concept of criminal enterprise should not be limited to traditional criminal syndicates or crime families, and may include persons who join together in a criminal enterprise, as defined by subdivision three of section 460.10 of this article, for the purpose of corrupting such legitimate enterprises or infiltrating and illicitly influencing industries.

 One major cause of the continuing growth of organized criminal activities within the state is the inadequacy and limited nature of sanctions and remedies available to state and local law enforcement officials to deal with this intricate and varied criminal conduct.  Existing penal law provisions are primarily concerned with the commission of specific and limited criminal acts without regard to the relationships of particular criminal acts or the illegal profits derived therefrom, to legitimate or illicit enterprises operated or controlled by organized crime.  Further, traditional penal law provisions only provide for the imposition of conventional criminal penalties, including imprisonment, fines and probation, for entrenched organized crime enterprises. Such penalties are not adequate to enable the state to effectively fight organized crime.  Instead, new penal prohibitions and enhanced sanctions, and new civil and criminal remedies are necessary to deal with the unlawful activities of persons and enterprises engaged in organized crime. Comprehensive statutes enacted at the federal level and in a number of other states with significant organized crime problems, have provided law enforcement agencies with an effective tool to fight organized crime.  Such laws permit law enforcement authorities (i) to charge and prove patterns of criminal activity and their connection to ongoing enterprises, legitimate or illegal, that are controlled or operated by organized crime, and (ii) to apply criminal and civil penalties designed to prevent and eliminate organized crime's involvement with such enterprises.  The organized crime control act is a statute of comparable purpose but tempered by reasonable limitations on its applicability, and by due regard for the rights of innocent persons.  Because of its more rigorous definitions, this act will not apply to some situations encompassed within comparable statutes in other jurisdictions.  This act  is vital to the peace, security and general welfare of the state.

 In part because of its highly diverse nature, it is impossible to precisely define what organized crime is.  This article, however, does attempt to define and criminalize what organized crime does.  This article focuses upon criminal enterprises because their sophistication and organization make them more effective at their criminal purposes and because their structure and insulation protect their leadership from detection and prosecution.

 At the same time, this article is not intended to be employed to prosecute relatively minor or isolated acts of criminality which, while related to an enterprise and arguably part of a pattern as defined in this article, can be adequately and more fairly prosecuted as separate offenses.  Similarly, particular defendants may play so minor a role in a criminal enterprise that their culpability would be unfairly distorted by prosecution and punishment for participation in the enterprise.

 The balance intended to be struck by this act cannot readily be codified in the form of restrictive definitions or a categorical list of exceptions.  General, yet carefully drawn definitions of the terms "pattern of criminal activity" and "criminal enterprise" have been employed. Notwithstanding the provisions of section 5.00 of this chapter these definitions should be given their plain meaning, and should not be construed either liberally or strictly, but in the context of the legislative purposes set forth in these findings.  Within the confines of these and other applicable definitions, discretion ought still be exercised.  Once the letter of the law is complied with, including the essential showing that there is a pattern of conduct which is criminal under existing statutes, the question whether to prosecute under those statutes or for the pattern itself is essentially one of fairness.  The answer will depend on the particular situation, and is best addressed by those institutions of government which have traditionally exercised that function:  the grand jury, the public prosecutor, and an independent judiciary.
 

Section 460.10 Definitions.

 The following definitions are applicable to this article.

 1. "Criminal act" means conduct constituting any of the following crimes, or conspiracy or attempt to commit any of the following felonies:

  (a) Any of the felonies set forth in this chapter:  Sections 120.05, 120.10 and 120.11 relating to assault;  sections 125.10 to 125.27 relating to homicide;  sections 130.25, 130.30 and 130.35 relating to rape;  sections 135.20 and 135.25 relating to kidnapping;  section 135.65 relating to coercion;  sections 140.20, 140.25 and 140.30 relating to burglary;  sections 145.05, 145.10 and 145.12 relating to criminal mischief;  article one hundred fifty relating to arson;  sections 155.30, 155.35, 155.40 and 155.42 relating to grand larceny;  article one hundred sixty relating to robbery;  sections 165.45, 165.50, 165.52 and 165.54 relating to criminal possession of stolen property;  sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and 170.70 relating to forgery;  sections 175.10, 175.25, 175.35, 175.40 and 210.40 relating to false statements;  sections 176.15, 176.20, 176.25 and 176.30 relating to insurance fraud; sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 215.00, 215.05 and 215.19 relating to bribery;  sections 190.40 and 190.42 relating to criminal usury;  section 190.65 relating to schemes to defraud;  sections 205.60 and 205.65 relating to hindering prosecution; sections 210.10, 210.15, and 215.51 relating to perjury and contempt;  section 215.40 relating to tampering with physical evidence;  sections 220.06, 220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43, 220.46, 220.55 and 220.60 relating to controlled substances;  sections 225.10 and 225.20 relating to gambling;  sections 230.25, 230.30, and 230.32 relating to promoting prostitution;  sections 235.06, 235.07 and 235.21 relating to obscenity;  section 263.10 relating to promoting an obscene performance by a child;  sections 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 and the provisions of section 265.10 which constitute a felony relating to firearms and other dangerous weapons; and sections 265.14 and 265.16 relating to criminal sale of a firearm;  and sections 275.10, 275.20, 275.30, or 275.40 relating to unauthorized recordings;  and sections 470.05, 470.10, 470.15 and 470.20 relating to money laundering;  or

  (b) Any felony set forth elsewhere in the laws of this state and defined by the tax law relating to alcoholic beverage, cigarette, gasoline and similar motor fuel taxes;  title seventy-one of the environmental conservation law relating to water pollution, hazardous waste or substances hazardous or acutely hazardous to public health or safety of the environment; article twenty-three-a of the general business law relating to prohibited acts concerning stocks, bonds and other securities or article twenty-two of the general business law concerning monopolies.

 2. "Enterprise" means either an enterprise as defined in subdivision one of section 175.00 of this chapter or criminal enterprise as defined in subdivision three of this section.

 3. "Criminal enterprise" means a group of persons sharing a common purpose of engaging in criminal conduct, associated in an ascertainable structure distinct from a pattern of criminal activity, and with a continuity of existence, structure and criminal purpose beyond the scope of individual criminal incidents.

 4. "Pattern of criminal activity" means conduct engaged in by persons charged in an enterprise corruption count constituting three or more criminal acts that:

  (a) were committed within ten years of the commencement of the criminal action;

  (b) are neither isolated incidents, nor so closely related and connected in point of time or circumstance of commission as to constitute a criminal offense or criminal transaction, as those terms are defined in section 40.10 of the criminal procedure law;  and

  (c) are either:  (i) related to one another through a common scheme or plan or (ii) were committed, solicited, requested, importuned or intentionally aided by persons acting with the mental culpability required for the commission thereof and associated with or in the criminal enterprise.
 

Section 460.20 Enterprise corruption

 1. A person is guilty of enterprise corruption when, having knowledge of the existence of a criminal enterprise and the nature of its activities, and being employed by or associated with such enterprise, he:

  (a) intentionally conducts or participates in the affairs of an enterprise by participating in a pattern of criminal activity;  or

  (b) intentionally acquires or maintains any interest in or control of an enterprise by participating in a pattern of criminal activity;  or

  (c) participates in a pattern of criminal activity and knowingly invests any proceeds derived from that conduct, or any proceeds derived from the investment or use of those proceeds, in an enterprise.

 2. For purposes of this section, a person participates in a pattern of criminal activity when, with intent to participate in or advance the affairs of the criminal enterprise, he engages in conduct constituting, or, is criminally liable for pursuant to section 20.00 of this chapter, at least three of the criminal acts included in the pattern, provided that:

  (a) Two of his acts are felonies other than conspiracy;

  (b) Two of his acts, one of which is a felony, occurred within five years of the commencement of the criminal action;  and

  (c) Each of his acts occurred within three years of a prior act.

 3. For purposes of this section, the enterprise corrupted in violation of subdivision one of this section need not be the criminal enterprise by which the person is employed or with which he is associated, and may be a legitimate enterprise.

 Enterprise corruption is a class B felony.
 

Section 460.25 Enterprise corruption;  limitations

 1. For purposes of subdivision one of section 460.20 of this article, a person does not acquire or maintain an interest in an enterprise by participating in a pattern of criminal activity when he invests proceeds derived from a pattern of criminal activity in such enterprise.

 2. For purposes of subdivision one of section 460.20 of this article, it shall not be unlawful to:

  (a) purchase securities on the open market with intent to make an investment, and without the intent of controlling or participating in the control of the issuer, or of assisting another to do so, if the securities of the issuer held by the purchaser, the members of his immediate family, and his or their accomplices in any pattern of criminal activity do not amount in the aggregate to five percent of the outstanding securities of any one class and do not confer, either in the law or in fact, the power to elect one or more directors of the issuer;

  (b) make a deposit in an account maintained in a savings and loan association, or a deposit in any other such financial institution, that creates an ownership interest in that association or institution;

  (c) purchase shares in co-operatively owned residential or commercial property;

  (d) purchase non-voting shares in a limited partnership, with intent to make an investment, and without the intent of controlling or participating in the control of the partnership.
 

Section 460.30 Enterprise corruption;  forfeiture

 1. Any person convicted of enterprise corruption may be required pursuant to this section to criminally forfeit to the state:

  (a) any interest in, security of, claim against or property or contractual right of any kind affording a source of influence over any enterprise whose affairs he has controlled or in which he has participated in violation of subdivision one of section 460.20 of this article and for which he was convicted and the use of which interest, security, claim or right by him contributed directly and materially to the crime for which he was convicted unless such forfeiture is disproportionate to the defendant's gain from his association or employment with the enterprise, in which event the jury may recommend forfeiture of a portion thereof;

  (b) any interest, including proceeds, he has acquired or maintained in an enterprise in violation of subdivision one of section 460.20 of this article and for which he was convicted unless such forfeiture is disproportionate to the conduct he engaged in and on which the forfeiture is based, in which event the jury may recommend forfeiture of a portion thereof;  or

  (c) any interest, including proceeds he has derived from an investment of proceeds in an enterprise in violation of subdivision one of section 460.20 of this article and for which he was convicted unless such forfeiture is disproportionate to the conduct he engaged in and on which the forfeiture is based, in which event the jury may recommend forfeiture of a portion thereof.

 2. (a) Forfeiture may be ordered when the grand jury returning an indictment charging a person with enterprise corruption has received evidence legally sufficient to establish, and providing reasonable cause to believe, that the property or other interest is subject to forfeiture under this section.  In that event, the grand jury shall file a special information, not to be disclosed to the jury in the criminal action prior to verdict on the criminal charges, specifying the property or other interest for which forfeiture is sought and containing a plain and concise factual statement which sets forth the basis for the forfeiture.  Alternatively, where the defendant has waived indictment and consented to be prosecuted by superior court information pursuant to article one hundred ninety-five of the criminal procedure law, the prosecutor may file, in addition to the superior court information charging enterprise corruption, a special information specifying the property or other interest for which forfeiture is sought and containing a plain and concise factual statement which sets forth the basis for the forfeiture.

  (b) After returning a verdict of guilty on an enterprise corruption count or counts, the jury shall be given the special information and hear any additional evidence which is relevant and legally admissible upon the forfeiture count or counts of the special information.  After hearing such evidence, the jury shall then deliberate upon the forfeiture count or counts and, based upon all the evidence received in connection with the indictment or superior court information and the special information, may, if satisfied by proof beyond a reasonable doubt that the property or other interest, or a portion thereof, is subject to forfeiture under this section return a verdict determining such property or other interest, or portion thereof, is subject to forfeiture, provided, however, where a defendant has waived a jury trial pursuant to article three hundred twenty of the criminal procedure law, the court may hear and receive all of the evidence upon the indictment or superior court information and the special information and render a verdict upon the enterprise corruption count or counts and the forfeiture count or counts.

  (c) After the verdict of forfeiture, the court shall hear arguments and may receive additional evidence upon a motion of the defendant that the verdict of forfeiture (i) is against the weight of the evidence, or (ii) is, with respect to a forfeiture pursuant to paragraph (a) of subdivision one of this section, disproportionate to the defendant's gain from his association or employment with the enterprise, or, with respect to a forfeiture pursuant to paragraph (b) or (c) of subdivision one of this section, disproportionate to the conduct he engaged in on which the forfeiture is based.  Upon such a finding the court may in the interests of justice set aside, modify, limit or otherwise condition an order of forfeiture.

 3. (a) An order of criminal forfeiture shall authorize the prosecutor to seize all property or other interest declared forfeited under this section upon such terms and conditions as the court shall deem proper.  If a property right or other interest is not exercisable or transferable for value by the prosecutor, it shall expire and shall not revert to the convicted person.  The court ordering any forfeiture may remit such forfeiture or any portion thereof.

  (b) No person shall forfeit any right, title or interest in any property or enterprise under this article who has not been convicted of a violation of section 460.20 of this article.  Any person other than the convicted person claiming an interest in forfeited property or other interest may bring a special proceeding to determine that claim, before or after trial, pursuant to section thirteen hundred twenty-seven of the civil practice law and rules, provided, however, that if such an action is brought before trial, it may, upon motion of the prosecutor, and in the court's discretion, be postponed by the court until completion of the trial.  In addition, any person claiming an interest in property subject to forfeiture may petition for remission as provided in subdivision seven of section thirteen hundred eleven of such law and rules.

 4. All property and other interests which are criminally forfeited following the commencement of an action under this article, whether by plea, verdict or other agreement, shall be disposed of in accordance with the provisions of section thirteen hundred forty-nine of the civil practice law and rules.  In any case where one or more of the counts upon which a person is convicted specifically includes as a criminal act a violation of any offense defined in article two hundred twenty of this chapter, the court shall determine what portion of that property or interest derives from or relates to such criminal act, and direct that distribution of that portion be conducted in the manner prescribed for actions grounded upon offenses in violation of article two hundred twenty.

 5. Any person convicted of a violation of section 460.20 of this article through which he derived pecuniary value, or by which he caused personal injury or property damage or other loss, may be sentenced to pay a fine not in excess of three times the gross value he gained or three times the gross loss he caused, whichever is greater.  Moneys so collected shall be paid as restitution to victims of the crime for medical expenses actually incurred, loss of earnings or property loss or damage caused thereby.  Any excess after restitution shall be paid to the state treasury.  In any case where one or more of the counts upon which a person is convicted specifically includes as a criminal act a violation of any offense defined in article two hundred twenty of this chapter, the court shall determine what proportion of the entire pattern such criminal acts constitute and distribute such portion in the manner prescribed by section three hundred forty-nine of the civil practice law and rules for forfeiture actions grounded upon offenses in violation of article two hundred twenty.  When the court imposes a fine pursuant to this subdivision, the court shall make a finding as to the amount of the gross value gained or the gross loss caused.  If the record does not contain sufficient evidence to support such a finding the court may conduct a hearing upon the issue.  In imposing a fine, the court shall consider the seriousness of the conduct, whether the amount of the fine is disproportionate to the conduct in which he engaged, its impact on victims and the enterprise corrupted by that conduct, as well as the economic circumstances of the convicted person, including the effect of the imposition of such a fine upon his immediate family.

 6. The imposition of an order of criminal forfeiture pursuant to subdivision one of this section, a judgment of civil forfeiture pursuant to article thirteen-A of the civil practice law and rules, or a fine pursuant to subdivision five of this section or paragraph (b) of subdivision one of section 80.00 of this chapter, shall preclude the imposition of any other such order or judgment of forfeiture or fine based upon the same criminal conduct, provided however that where an order of criminal forfeiture is imposed pursuant to subdivision one of this section, an action pursuant to article thirteen-A of the civil practice law and rules may nonetheless be brought, and an order imposed in that action, for forfeiture of the proceeds of a crime or the substituted proceeds of a crime where such proceeds are not subject to criminal forfeiture pursuant to subdivision one of this section.  The imposition of a fine pursuant to subdivision five of this section or paragraph (b) of subdivision one of section 80.00 of this chapter, shall preclude the imposition of any other fine pursuant to any other provision of this chapter.

 7. Other than as provided in subdivision six, the imposition of a criminal penalty, forfeiture or fine under this section shall not preclude the application of any other criminal penalty or civil remedy under this article or under any other provision of law.

 8. Any payment made as restitution to victims pursuant to this section shall not limit, preclude or impair any liability for damages in any civil action or proceeding for an amount in excess of such payment.
 

Section 460.40 Enterprise corruption;  jurisdiction

 A person may be prosecuted for enterprise corruption:

 1. in any county in which the principal place of business, if any, of the enterprise was located at the time of the offense, and, if the enterprise had a principal place or business located in more than one county, then in any such county in which any conduct occurred constituting or requisite to the completion of the offense of enterprise corruption;  or

 2. in any county in which any act included in the pattern of criminal activity could have been prosecuted pursuant to article twenty of the criminal procedure law;  provided, however, that such person may not be prosecuted for enterprise corruption in such county based on this subdivision if the jurisdiction of such county is based solely on section 20.60 of the criminal procedure law;  or

 3. in any county in which he:

  (a) conducts or participates in the affairs of the enterprise in violation of subdivision one of section 460.20 of this article,

  (b) acquires or maintains an interest in or control of the enterprise in violation of subdivision one of section 460.20 of this article,

  (c) invests proceeds in an enterprise in violation of subdivision one of section 460.20 of this article;  or

  4. in any county in which the conduct of the actor had or was likely to have a particular effect upon such county or a political subdivision or part thereof, and was performed with intent that it would, or with knowledge that it was likely to, have such particular effect therein.
 

Section 460.50 Enterprise corruption;  prosecution

 1. Subject to the provisions of section 460.60 of this article, a charge of enterprise corruption may be prosecuted by:  (a) the district attorney of any county with jurisdiction over the offense pursuant to section 460.40 of this article;  (b) the deputy attorney general in charge of the statewide organized crime task force when authorized by subdivision seven of section seventy-a of the executive law;  or (c) the attorney general when he is otherwise authorized by law to prosecute each of the criminal acts specifically included in the pattern of criminal activity alleged in the enterprise corruption charge.

 2. For purposes of paragraph (c) of subdivision one of this section, a criminal act or an offense is specifically included in a pattern of criminal activity when the count of the accusatory instrument charging a person with enterprise corruption alleges a pattern of criminal activity and the act is alleged to be a criminal act within the pattern of criminal activity.
 

Section 460.60 Enterprise corruption;  consent to prosecute

 1. For purposes of this section, when a grand jury proceeding concerns a possible charge of enterprise corruption, or when an accusatory instrument includes a count charging a person with enterprise corruption, the affected district attorneys are the district attorneys otherwise empowered to prosecute any of the underlying acts of criminal activity in a county with jurisdiction over the offense of enterprise corruption pursuant to section 460.40 of this article, in which:

  (a) there has been substantial and significant activity by the particular enterprise;  or

  (b) conduct occurred constituting a criminal act specifically included in the pattern of criminal activity charged in the accusatory instrument and not previously prosecuted;  or

  (c) the particular enterprise has its principal place of business.

 2. A grand jury proceeding concerning a possible charge of enterprise corruption may be instituted only with the consent of the affected district attorneys.  Should the possibility of such a charge develop after a grand jury proceeding has been instituted, the consent of the affected district attorneys shall be sought as soon as is practical, and an indictment charging a person with enterprise corruption may not be voted upon by the grand jury without such consent.

 3. A person may be charged in an accusatory instrument with enterprise corruption only with the consent of the affected district attorneys.  When it is impractical to obtain the consent specified in subdivision two of this section prior to the filing of the accusatory instrument, then that consent must be secured within twenty days thereafter.

 4. When the prosecutor is the deputy attorney general in charge of the statewide organized crime task force, the consent required by subdivisions two and three of this section shall be in addition to that required by subdivision seven of section seventy-a of the executive law.

 5. Within fifteen days after the arraignment of any person on an indictment charging a person with the crime of enterprise corruption the prosecutor shall provide a copy of the indictment to those district attorneys whose consent was required pursuant to subdivision three of this section, and shall notify the court and defendant of those district attorneys whose consent the prosecutor has secured.  The court shall then review the indictment and the grand jury minutes, notify any district attorney whose consent under subdivision one of this section should have been but was not obtained, direct that the prosecutor provide that district attorney with the portion of the indictment and grand jury minutes that are relevant to a determination whether that district attorney is an "affected district attorney" within the meaning of subdivision one of this section.

 6. The failure to obtain from any district attorney the consent required by subdivision two or three of this section shall not be grounds for dismissal of the accusatory instrument or for any other relief upon motion of a defendant in the criminal action.

 Upon motion of a district attorney whose consent, pursuant to subdivision three of this section, the court determines was required but not obtained, the court may not dismiss the accusatory instrument or any count thereof but may grant any appropriate relief.  Such relief may include, but is not limited to:

  (a) ordering that any money forfeited by a defendant in the criminal action, or the proceeds from the sale of any other property forfeited in the criminal action by a defendant, which would have been paid to the county of that district attorney pursuant to section thirteen hundred forty-nine of the civil practice law and rules had the forfeiture action been prosecuted in the county of that district attorney, be paid in whole or in part to the county of that district attorney;  or

  (b) upon consent of the defendant, ordering the transfer of the prosecution, or any part thereof, to that district attorney or to any other prosecutor with jurisdiction over the prosecution, of the part thereof to be transferred. However, prior to ordering any transfer of the prosecution, the court shall provide to those district attorneys who have previously consented to the prosecution an opportunity to intervene and be heard concerning such transfer.

 7. A district attorney whose consent, pursuant to subdivision three of this section, the court determines was required but not obtained may seek the relief described in subdivision six of this section exclusively by a pre-trial motion in the criminal action based on the indictment charging the crime of enterprise corruption.  Such relief must be sought within forty-five days of the receipt of notice from the court pursuant to subdivision five of this section.
 

Section 460.70 Provisional remedies

  1. The provisional remedies authorized by article thirteen-A of the civil practice law and rules shall be available in all criminal actions in which criminal forfeiture or a fine pursuant to section 460.60 is sought to the extent and under the same terms and conditions as provided in article thirteen-A of such law and rules.

 2. Upon the filing of an indictment and special information seeking criminal forfeiture under this article all further proceedings with respect to provisional remedies shall be heard by the judge or justice in the criminal part to which the indictment and special information are assigned.

 3. For purposes of this section, the indictment and special information seeking criminal forfeiture shall constitute the summons and complaint referred to in article thirteen-A of the civil practice law and rules.
 

Section 460.80 Court ordered disclosure

 Notwithstanding the provisions of article two hundred forty of the criminal procedure law, when forfeiture is sought pursuant to section 460.30 of this chapter, the court may order discovery of any property not otherwise disclosed which is material and reasonably necessary for preparation by the defendant with respect to the forfeiture proceeding pursuant to such section.  The court may issue a protective order denying, limiting, conditioning, delaying or regulating such discovery where a danger to the integrity of physical evidence or a substantial risk of physical harm, intimidation, economic reprisal, bribery or unjustified annoyance or embarrassment to any person or an adverse effect upon the legitimate needs of law enforcement, including the protection of the confidentiality of informants, or any other factor or set of factors outweighs the usefulness of the discovery.

Section 470.00 Definitions.

 The following definitions are applicable to this article.

 1. "Monetary instrument" means coin and currency of the United States or of any other country; personal checks; bank checks;  traveler's checks;  money orders;  and investment securities and negotiable instruments, in bearer form or otherwise, in such form that title thereto passes on delivery, except that "monetary instrument" shall not include payments to attorneys for legal services.

2. "Conduct" includes initiating, concluding or participating in initiating or concluding a transaction.

3. "Transaction" includes a payment, purchase, sale, loan, pledge, gift, transfer, or delivery, and with respect to a financial institution includes a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit,  purchase or sale of any stock, bond, certificate of deposit, or other monetary instrument, use of a safe deposit box, or any other payment, transfer, or delivery by, through, or to a financial institution, by whatever means effected, except that "transaction" shall not include payments to attorneys for legal services.

 4. "Criminal conduct" means conduct which is a crime under the laws of this state or conduct committed in any other jurisdiction which is or would be a crime under the laws of this state.

 5. "Specified criminal conduct" means criminal conduct committed in this state constituting a criminal act, as the term criminal act is defined in section 460.10 of this chapter, or constituting the crime of enterprise corruption, as defined in section 460.20 of this chapter, or conduct committed in any other jurisdiction which is or would be specified criminal conduct of committed in this state..

 6. "Financial institution" means:

  (a) an insured bank, as defined in section 3(b) of the Federal Deposit Insurance Act, 12 U.S.C. 1813(h);

  (b) a commercial bank or trust company;

  (c) a private banker;

  (d) an agency or branch of a foreign bank in the United States;

  (e) a credit union;

  (f) a thrift institution;

  (g) a broker or dealer registered with the Securities and Exchange Commission under the Securities and Exchange Act of 1934, 15 U.S.C. 78a et seq.;

  (h) a broker or dealer in securities or commodities;

  (i) an investment banker or investment company;

  (j) a currency exchange;

  (k) an issuer, redeemer, or cashier of travelers' checks, checks, or money orders, or similar instruments;

  (l) an operator of a credit card system;

  (m) an insurance company;

  (n) a dealer in precious metals, stones, or jewels;

  (o) a pawnbroker;

  (p) a loan or finance company;

  (q) a travel agency;

  (r) a person licensed to engage in the business of receiving money for transmission or transmitting the same by whatever means, or any other person engaged in such business as an agent of a licensee or engaged in such business without a license;

  (s) a telegraph company;

  (t) a business engaged in vehicle sales, including automobile, airplane and boat sales;

  (u) persons involved in real estate closings and settlements;

  (v) the United States Postal Service;

  (w) an agency of the United States government or of a state or local government carrying out a duty or power of a business described in this subdivision;

  (x) a casino, gambling casino, or gambling establishment with an annual gaming revenue of more than a million dollars which:

   (i) is licensed as a casino, gambling casino or gaming establishment under the laws of any state or any political subdivision of any state; or

   (ii) is an Indian gaming operation conducted under or pursuant to the Indian Gaming Regulatory Act other than an operation which is limited to class 1 gaming as defined in subdivision six of section four of such act; or

  (y) any business or agency engaged in any activity which the superintendent of banks or the United States Secretary of the Treasury determines, by regulation, to be an activity which is similar to, related to, or a substitute for activity which any business as described in this subdivision is authorized to engage.

7. "Financial transaction" means a transaction involving:

  (a) the movement of funds by wire or other means; or

  (b) one or more monetary instrument; or

  (c) the transfer or title to any real property, vehicle, vessel or aircraft; or

  (d) the use of a financial institution.

8. "Represented" means any representation made by a law enforcement officer, or by another person at the direction of, or with the approval of, such law enforcement officer.

9. "Law enforcement officer" means any public servant, federal or state, who is authorized to conduct an investigation, prosecute or make an arrest for a criminal offense.

10. For the purpose of this article, each of the five counties in the city of New York shall be considered as a separate county.

Section 470.03 Money laundering: aggregation of value; other matters.

1. For purposes of subdivisions one and three of sections 470.05, 470.10, 470.15, 470.21, 470.22 and 470.23, and for purposes of subdivisions one and two of sections 470.20 and 470.24 of this article, financial transactions may be considered together and the value of the property involved may be aggregated, provided that the transactions are all part of a single "criminal transaction" as defined in subdivision two of section 40.10 of the criminal procedure law.


2. For purposes of subdivision two of sections 470.05, 470.10, 470.15, 470.21, 470.22 and 470.23 of this article, separate occasions involving the transport, transmittal or transfer of monetary instruments may be considered together and the value of the monetary instruments involved may be aggregated, provided that the occasions are all part of a single "criminal transaction" as defined in subdivision two of section 40.10 of the criminal procedure law.


3. Nothing in sections 470.05, 470.21, 470.22, 470.23 and 470.24; paragraph (b) of subdivision one, paragraph (b) of subdivision two and paragraph (b) of subdivision three of section 470.10; paragraph (b) of subdivision one, paragraph (b) of subdivision two and paragraph (b) of subdivision three of section 470.15; or paragraph (b) of subdivision one and paragraph (b) of subdivision two of section 470.20 of this article shall make it unlawful to return funds held in escrow:


(a) as a portion of a purchase price for real property pursuant to a contract of sale; or


(b) to satisfy the tax or other lawful obligations arising out of an administrative or judicial proceeding concerning the person who provided the escrow funds.
 

Section 470.05 Money laundering in the fourth degree.

 A person is guilty of money laundering in the fourth degree when:

1. Knowing that the property involved in one or more financial transactions represents the proceeds of criminal conduct:

  (a) he or she conducts one or more such financial transactions which in fact involve the proceeds of specified criminal conduct:

  (i) With intent to:

  (A) promote the carrying on of criminal conduct; or

  (B) engage in conduct constituting a felony as set forth in section eighteen hundred two, eighteen hundred three, eighteen hundred four, eighteen hundred five, eighteen hundred seven or eighteen hundred eight of the tax law; or

  (ii) Knowing that the transaction or transactions in whole or in part are designed to:

  (A) conceal or disguise the nature, the location, the source, the ownership or the control of the proceeds of criminal conduct; or

  (B) avoid any transaction reporting requirement imposed by law; and

  (b) The total value of the property involved in such financial transaction or transactions exceeds five thousand dollars; or

2. Knowing that one or more monetary instruments represents the proceeds of criminal conduct:

  (a) he or she transports, transmits, or transfers on one or more occasions, monetary instruments which in fact represent the proceeds of specified criminal conduct:

  (i) With intent to promote the carrying on of criminal conduct; or

  (ii) Knowing that such transportation, transmittal, or transfer is designed in whole or in part to:

  (A) conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of criminal conduct; or

  (B) avoid any transaction reporting requirement imposed by law; and

  (b) The total value of such monetary instrument or instruments exceeds ten thousand dollars; or

3. He or she conducts one or more financial transactions:

  (a) involving property represented to be the proceeds of specified criminal conduct, or represented to be property used to conduct or facilitate specified criminal conduct, with intent to:

  (i) promote the carrying on of specified criminal conduct; or

  (ii) conceal or disguise the nature, the location, the source, the ownership or the control of property believed to be the proceeds of specified criminal conduct; or

  (iii) avoid any transaction reporting requirement imposed by law; and

  (b) the total value of the property involved in such financial transaction or transactions exceeds ten thousand dollars.

Money laundering in the fourth degree is a class E felony.
 

Section 470.10 Money laundering in the third degree.

 A person is guilty of money laundering in the third degree when:

1. Knowing that the property involved in one or more financial transactions represents:

  (a) the proceeds of the criminal sale of a controlled substance, he or she conducts one or more such financial transactions which in fact involve the proceeds of the criminal sale of a controlled substance:

  (i) With intent to:

  (A) promote the carrying on of specified criminal conduct; or

  (B) engage in conduct constituting a felony as set forth in section eighteen hundred two, eighteen hundred three, eighteen hundred four, eighteen hundred five, eighteen hundred seven or eighteen hundred eight of the tax law; or

  (ii) Knowing that the transaction or transactions in whole or in part are designed to:

  (A) conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified criminal conduct; or

  (B) avoid any transaction reporting requirement imposed by law; and

  (iii) The total value of the property involved in such financial transaction or transactions exceeds ten thousand dollars; or

  (b) the proceeds of criminal conduct, he or she conducts one or more such financial transactions which in fact involve the proceeds of specified criminal conduct:

  (i) With intent to:

  (A) promote the carrying on of criminal conduct; or

  (B) engage in conduct constituting a felony as set forth in section eighteen hundred two, eighteen hundred three, eighteen hundred four, eighteen hundred five, eighteen hundred seven or eighteen hundred eight of the tax law; or

  (ii) knowing that the transaction or transactions in whole or in part are designed to:

  (A) conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of criminal conduct; or

  (B) avoid any transaction reporting requirement imposed by law; and

  (iii) The total value of the property involved in such financial transaction or transactions exceeds fifty thousand dollars; or

2. Knowing that one or more monetary instruments represent:

  (a) the proceeds of the criminal sale of a controlled substance, he or she transports, transmits, or transfers or attempts to transport, transmit or transfer, on one or more occasions, monetary instruments which in fact represent the proceeds of the criminal sale of a controlled substance from a place in any county in this state to or through a place outside that county or to a place in any county in this state from or through a place outside that county:

  (i) With intent to promote the carrying on of specified criminal conduct; or

  (ii) Knowing that such transportation, transmittal or transfer is designed in whole or in part to:

  (A) conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified criminal conduct; or

  (B) avoid any transaction reporting requirement imposed by law; and

  (iii) The total value of such monetary instrument or instruments exceeds ten thousand dollars; or

  (b) the proceeds of criminal conduct, he or she transports, transmits, or transfers or attempts to transport, transmit or transfer, on one or more occasions, monetary instruments which in fact represent the proceeds of specified criminal conduct from a place in any county in this state to or through a place outside that county or to a place in any county in this state from or through a place outside that county:

  (i) With intent to promote the carrying on of criminal conduct; or

  (ii) Knowing that such transportation, transmittal or transfer is designed in whole or in part to:

  (A) conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of criminal conduct; or

  (B) avoid any transaction reporting requirement imposed by law; and

  (iii) The total value of such monetary instrument or instruments exceeds fifty thousand dollars; or

3. He or she conducts one or more financial transactions involving property represented to be:

  (a) the proceeds of the criminal sale of a controlled substance, or represented to be property used to conduct or facilitate the criminal sale of a controlled substance:

  (i) With intent to:

  (A) promote the carrying on of specified criminal conduct; or

  (B) conceal or disguise the nature, the location, the source, the ownership, or the control of the property believed to be the proceeds of specified criminal conduct; or

  (C) avoid any transaction reporting requirement imposed by law; and

  (ii) The total value of the property involved in such financial transaction or transactions exceeds ten thousand dollars; or

  (b) the proceeds of specified criminal conduct, or represented to be property used to conduct or facilitate specified criminal conduct:

  (i) With intent to:

  (A) promote the carrying on of specified criminal conduct; or

  (B) conceal or disguise the nature, the location, the source, the ownership, or the control of the property believed to be the proceeds of specified criminal conduct; or

  (C) avoid any transaction reporting requirement imposed by law; and

  (ii) The total value of the property involved in such financial transaction or transactions exceeds fifty thousand dollars.

Money laundering in the third degree is a class D felony.

Section 470.15 Money laundering in the second degree.

 A person is guilty of money laundering in the second degree when:

1. Knowing that the property involved in one or more financial transactions represents:

  (a) the proceeds of the criminal sale of a controlled substance, he or she conducts one or more such financial transactions which in fact involve the proceeds of the criminal sale of a controlled substance:

  (i) With intent to:

  (A) promote the carrying on of specified criminal conduct; or

  (B) engage in conduct constituting a felony as set forth in section eighteen hundred two, eighteen hundred three, eighteen hundred four, eighteen hundred five, eighteen hundred seven or eighteen hundred eight of the tax law; or

  (ii) Knowing that the transaction or transactions in whole or in part are designed to:

  (A) conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified criminal conduct; or

  (B) avoid any transaction reporting requirement imposed by law; and

  (iii) The total value of the property involved in such financial transaction or transactions exceeds fifty thousand dollars; or

  (b) the proceeds of specified criminal conduct, he or she conducts one or more such financial transactions which in fact involve the proceeds of specified criminal conduct:

  (i) With intent to:

  (A) promote the carrying on of specified criminal conduct; or

  (B) engage in conduct constituting a felony as set forth in section eighteen hundred two, eighteen hundred three, eighteen hundred four, eighteen hundred five, eighteen hundred seven or eighteen hundred eight of the tax law; or

  (ii) Knowing that the transaction or transactions in whole or in part are designed to:

  (A) conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified criminal conduct; or

  (B) avoid any transaction reporting requirement imposed by law; and

  (iii) The total value of the property involved in such financial transaction or transactions exceeds one hundred thousand dollars; or

2. Knowing that one or more monetary instruments represent:

  (a) the proceeds of the criminal sale of a controlled substance, he or she transports, transmits, or transfers or attempts to transport, transmit or transfer, on one or more occasions, monetary instruments which in fact represent the proceeds of the criminal sale of a controlled substance from a place in any county in this state to or through a place outside that county or to a place in any county in this state from or through a place outside that county:

  (i) With intent to promote the carrying on of specified criminal conduct; or

  (ii) Knowing that such transportation, transmittal or transfer is designed in whole or in part to:

  (A) conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified criminal conduct; or

  (B) avoid any transaction reporting requirement imposed by law; and

  (iii) The total value of such monetary instrument or instruments exceeds fifty thousand dollars; or

  (b) the proceeds of specified criminal conduct, he or she transports, transmits, or transfers or attempts to transport, transmit or transfer, on one or more occasions, monetary instruments which in fact represent the proceeds of specified criminal conduct from a place in any county in this state to or through a place outside that county or to a place in any county in this state from or through a place outside that county:

  (i) With intent to promote the carrying on of specified criminal conduct; or

  (ii) Knowing that such transportation, transmittal or transfer is designed in whole or in part to:

  (A) conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified criminal conduct; or

  (B) avoid any transaction reporting requirement imposed by law; and

  (iii) The total value of such monetary instrument or instruments exceeds one hundred thousand dollars; or

3. He or she conducts one or more financial transactions involving property represented to be:

  (a) the proceeds of the criminal sale of a controlled substance, or represented to be property used to conduct or facilitate the criminal sale of a controlled substance:

  (i) With intent to:

  (A) promote the carrying on of specified criminal conduct; or

  (B) conceal or disguise the nature, the location, the source, the ownership, or the control of the property believed to be the proceeds of specified criminal conduct; or

  (C) avoid any transaction reporting requirement imposed by law; and

  (ii) The total represented value of the property involved in such financial transaction or transactions exceeds fifty thousand dollars; or

  (b) the proceeds of specified criminal conduct, or represented to be property used to conduct or facilitate specified criminal conduct:

  (i) With intent to:

  (A) promote the carrying on of specified criminal conduct;

  (B) conceal or disguise the nature, the location, the source, the ownership, or the control of the property believed to be the proceeds of specified criminal conduct; or

  (C) avoid any transaction reporting requirement imposed by law; and

  (ii) The total represented value of the property involved in such financial transaction or transactions exceeds one hundred thousand dollars.

Money laundering in the second degree is a class C felony.

Section 470.20 Money laundering in the first degree.

 A person is guilty of money laundering in the first degree when:

1. Knowing that the property involved in one or more financial transactions represents:

  (a) the proceeds of the criminal sale of a controlled substance, he or she conducts one or more such financial transactions which in fact involve the proceeds of the criminal sale of a controlled substance:

  (i) With intent to:

  (A) promote the carrying on of specified criminal conduct; or

  (B) engage in conduct constituting a felony as set forth in section eighteen hundred two, eighteen hundred three, eighteen hundred four, eighteen hundred five, eighteen hundred seven or eighteen hundred eight of the tax law; or

  (ii) Knowing that the transaction or transactions in whole or in part are designed to:

  (A) conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified criminal conduct; or

  (B) avoid any transaction reporting requirement imposed by law; and

  (iii) The total value of the property involved in such financial transaction or transactions exceeds five hundred thousand dollars; or

  (b) the proceeds of a class A, B or C felony, or of a crime in any other jurisdiction that is or would be a class A, B or C felony under the laws of this state, he or she conducts one or more such financial transactions which involve the proceeds of any such felony:

  (i) With intent to:

  (A) promote the carrying on of specified criminal conduct; or

  (B) engage in conduct constituting a felony as set forth in section eighteen hundred two, eighteen hundred three, eighteen hundred four, eighteen hundred five, eighteen hundred seven or eighteen hundred eight of the tax law; or

  (ii) Knowing that the transaction or transactions in whole or in part are designed to:

  (A) conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified criminal conduct; or

  (B) avoid any transaction reporting requirement imposed by law; and

  (iii) The total value of the property involved in such financial transaction or transactions exceeds one million dollars; or

2. He or she conducts one or more financial transactions involving property represented to be:

  (a) the proceeds of the criminal sale of a controlled substance, or represented to be property used to conduct or facilitate the criminal sale of a controlled substance:

  (i) With intent to:

  (A) promote the carrying on of specified criminal conduct; or

  (B) conceal or disguise the nature, the location, the source, the ownership, or the control of the property believed to be the proceeds of specified criminal conduct; or

  (C) avoid any transaction reporting requirement imposed by law; and

  (ii) The total represented value of the property involved in such financial transaction or transactions exceeds five hundred thousand dollars; or

  (b) the proceeds of a class A, B or C felony or of a crime in any other jurisdiction that is or would be a class A, B or C felony under the laws of this state, or represented to be property used to conduct or facilitate such crimes:

  (i) With intent to:

  (A) promote the carrying on of specified criminal conduct; or

  (B) conceal or disguise the nature, the location, the source, the ownership, or the control of property believed to be the proceeds of specified criminal conduct; or

  (C) avoid any transaction reporting requirement imposed by law; and

  (ii) The total represented value of the property involved in such financial transaction or transactions exceeds one million dollars.

Money laundering in the first degree is a class B felony.

Section 470.21 Money laundering in support of terrorism in the fourth degree

A person is guilty of money laundering in support of terrorism in the fourth degree when:

1. Knowing that the property involved in one or more financial transactions represents either the proceeds of an act of terrorism as defined in subdivision one of section 490.05 of this part, or a monetary instrument given, received or intended to be used to support a violation of article four hundred ninety of this part:

(a) he or she conducts one or more such financial transactions which in fact involve either the proceeds of an act of terrorism as defined in subdivision one of section 490.05 of this part, or a monetary instrument given, received or intended to be used to support a violation of article four hundred ninety of this part:

(i) With intent to:

(A) promote the carrying on of criminal conduct; or

(B) engage in conduct constituting a felony as set forth in section eighteen hundred two, eighteen hundred three, eighteen hundred four, eighteen hundred five, eighteen hundred seven or eighteen hundred eight of the tax law; or

(ii) Knowing that the transaction or transactions in whole or in part are designed to:

(A) conceal or disguise the nature, the location, the source, the ownership or the control of either the proceeds of an act of terrorism as defined in subdivision one of section 490.05 of this part, or a monetary instrument given, received or intended to be used to support a violation of article four hundred ninety of this part; or

(B) avoid any transaction reporting requirement imposed by law; and

(b) the total value of the property involved in such financial transaction or transactions exceeds one thousand dollars; or

2. Knowing that one or more monetary instruments represents either the proceeds of an act of terrorism as defined in subdivision one of section 490.05 of this part, or a monetary instrument given, received or intended to be used to support a violation of article four hundred ninety of this part:

(a) he or she transports, transmits, or transfers on one or more occasions, monetary instruments which in fact represent either the proceeds of an act of terrorism as defined in subdivision one of section 490.05 of this part, or a monetary instrument given, received or intended to be used to support a violation of article four hundred ninety of this part:

(i) With intent to promote the carrying on of criminal conduct; or

(ii) Knowing that such transportation, transmittal, or transfer is designed in whole or in part to:

(A) conceal or disguise the nature, the location, the source, the ownership, or the control of either the proceeds of an act of terrorism as defined in subdivision one of section 490.05 of this part, or a monetary instrument given, received or intended to be used to support a violation of article four hundred ninety of this part; or

(B) avoid any transaction reporting requirement imposed by law; and

(b) the total value of such monetary instrument or instruments exceeds two thousand dollars; or

3. He or she conducts one or more financial transactions:

(a) involving property represented to be either the proceeds of an act of terrorism as defined in subdivision one of section 490.05 of this part, or a monetary instrument given, received or intended to be used to support a violation of article four hundred ninety of this part, with intent to:

(i) promote the carrying on of specified criminal conduct; or

(ii) conceal or disguise the nature, the location, the source, the ownership or the control of property believed to be either the proceeds of an act of terrorism as defined in subdivision one of section 490.05 of this part, or a monetary instrument given, received or intended to be used to support a violation of article four hundred ninety of this part; or

(iii) avoid any transaction reporting requirement imposed by law; and

(b) the total value of the property involved in such financial transaction or transactions exceeds two thousand dollars.

Money laundering in support of terrorism in the fourth degree is a class E felony.

Section 470.22 Money laundering in support of terrorism in the third degree

A person is guilty of money laundering in support of terrorism in the third degree when:

1. Knowing that the property involved in one or more financial transactions represents either the proceeds of an act of terrorism as defined in subdivision one of section 490.05 of this part, or a monetary instrument given, received or intended to be used to support a violation of article four hundred ninety of this part:

(a) he or she conducts one or more such financial transactions which in fact involve either the proceeds of an act of terrorism as defined in subdivision one of section 490.05 of this part, or a monetary instrument given, received or intended to be used to support a violation of article four hundred ninety of this part:

(i) With intent to:

(A) promote the carrying on of specified criminal conduct; or

(B) engage in conduct constituting a felony as set forth in section eighteen hundred two, eighteen hundred three, eighteen hundred four, eighteen hundred five, eighteen hundred seven or eighteen hundred eight of the tax law; or

(ii) Knowing that the transaction or transactions in whole or in part are designed to:

(A) conceal or disguise the nature, the location, the source, the ownership or the control of either the proceeds of an act of terrorism as defined in subdivision one of section 490.05 of this part, or a monetary instrument given, received or intended to be used to support a violation of article four hundred ninety of this part; or

(B) avoid any transaction reporting requirement imposed by law; and

(b) the total value of the property involved in such financial transaction or transactions exceeds five thousand dollars; or

2. Knowing that one or more monetary instruments represent either the proceeds of an act of terrorism as defined in subdivision one of section 490.05 of this part, or a monetary instrument given, received or intended to be used to support a violation of article four hundred ninety of this part:

(a) he or she transports, transmits, or transfers or attempts to transport, transmit or transfer, on one or more occasions, monetary instruments which in fact represent either the proceeds of an act of terrorism as defined in subdivision one of section 490.05 of this part, or a monetary instrument given, received or intended to be used to support a violation of article four hundred ninety of this part from a place in any county in this state to or through a place outside that county or to a place in any county in this state from or through a place outside that county:

(i) With intent to promote the carrying on of specified criminal conduct; or

(ii) Knowing that such transportation, transmittal or transfer is designed in whole or in part to:

(A) conceal or disguise the nature, the location, the source, the ownership or the control of either the proceeds of an act of terrorism as defined in subdivision one of section 490.05 of this part, or a monetary instrument given, received or intended to be used to support a violation of article four hundred ninety of this part; or

(B) avoid any transaction reporting requirement imposed by law; and

(b) The total value of such monetary instrument or instruments exceeds five thousand dollars; or

3. He or she conducts one or more financial transactions involving property represented to be either the proceeds of an act of terrorism as defined in subdivision one of section 490.05 of this part, or a monetary instrument given, received or intended to be used to support a violation of article four hundred ninety of this part:

(a) With intent to:

(i) promote the carrying on of specified criminal conduct; or

(ii) conceal or disguise the nature, the location, the source, the ownership or the control of property believed to be either the proceeds of an act of terrorism as defined in subdivision one of section 490.05 of this part, or a monetary instrument given, received or intended to be used to support a violation of article four hundred ninety of this part; or

(iii) avoid any transaction reporting requirement imposed by law; and

(b) The total value of the property involved in such financial transaction or transactions exceeds five thousand dollars.

Money laundering in support of terrorism in the third degree is a class D felony.

Section 470.23 Money laundering in support of terrorism in the second degree

A person is guilty of money laundering in support of terrorism in the second degree when:

1. Knowing that the property involved in one or more financial transactions represents either the proceeds of an act of terrorism as defined in subdivision one of section 490.05 of this part, or a monetary instrument given, received or intended to be used to support a violation of article four hundred ninety of this part:

(a) he or she conducts one or more such financial transactions which in fact involve either the proceeds of an act of terrorism as defined in subdivision one of section 490.05 of this part, or a monetary instrument given, received or intended to be used to support a violation of article four hundred ninety of this part:

(i) With intent to:

(A) promote the carrying on of specified criminal conduct; or

(B) engage in conduct constituting a felony as set forth in section eighteen hundred two, eighteen hundred three, eighteen hundred four, eighteen hundred five, eighteen hundred seven or eighteen hundred eight of the tax law; or

(ii) Knowing that the transaction or transactions in whole or in part are designed to:

(A) conceal or disguise the nature, the location, the source, the ownership or the control of either the proceeds of an act of terrorism as defined in subdivision one of section 490.05 of this part, or a monetary instrument given, received or intended to be used to support a violation of article four hundred ninety of this part; or

(B) avoid any transaction reporting requirement imposed by law; and

(b) the total value of the property involved in such financial transaction or transactions exceeds twenty-five thousand dollars; or

2. Knowing that one or more monetary instruments represent either the proceeds of an act of terrorism as defined in subdivision one of section 490.05 of this part, or a monetary instrument given, received or intended to be used to support a violation of article four hundred ninety of this part:

(a) he or she transports, transmits, or transfers or attempts to transport, transmit or transfer, on one or more occasions, monetary instruments which in fact represent either the proceeds of an act of terrorism as defined in subdivision one of section 490.05 of this part, or a monetary instrument given, received or intended to be used to support a violation of article four hundred ninety of this part from a place in any county in this state to or through a place outside that county or to a place in any county in this state from or through a place outside that county:

(i) With intent to promote the carrying on of specified criminal conduct; or

(ii) Knowing that such transportation, transmittal or transfer is designed in whole or in part to:

(A) conceal or disguise the nature, the location, the source, the ownership or the control of either the proceeds of an act of terrorism as defined in subdivision one of section 490.05 of this part, or a monetary instrument given, received or intended to be used to support a violation of article four hundred ninety of this part; or

(B) avoid any transaction reporting requirement imposed by law; and

(b) the total value of such monetary instrument or instruments exceeds twenty-five thousand dollars; or

3. He or she conducts one or more financial transactions involving property represented to be either the proceeds of an act of terrorism as defined in subdivision one of section 490.05 of this part, or a monetary instrument given, received or intended to be used to support a violation of article four hundred ninety of this part:

(a) With intent to:

(i) promote the carrying on of specified criminal conduct; or

(ii) conceal or disguise the nature, the location, the source, the ownership or the control of property believed to be either the proceeds of an act of terrorism as defined in subdivision one of section 490.05 of this part, or a monetary instrument given, received or intended to be used to support a violation of article four hundred ninety of this part; or

(iii) avoid any transaction reporting requirement imposed by law; and

(b) The total value of the property involved in such financial transaction or transactions exceeds twenty-five thousand dollars.

Money laundering in support of terrorism in the second degree is a class C felony.

Section 470.24 Money laundering in support of terrorism in the first degree

A person is guilty of money laundering in support of terrorism in the first degree when:

1. Knowing that the property involved in one or more financial transactions represents either the proceeds of an act of terrorism as defined in subdivision one of section 490.05 of this part, or a monetary instrument given, received or intended to be used to support a violation of article four hundred ninety of this part:

(a) he or she conducts one or more financial transactions which in fact involve either the proceeds of an act of terrorism as defined in subdivision one of section 490.05 of this part, or a monetary instrument given, received or intended to be used to support a violation of article four hundred ninety of this part:

(i) With intent to:

(A) promote the carrying on of specified criminal conduct; or

(B) engage in conduct constituting a felony as set forth in section eighteen hundred two, eighteen hundred three, eighteen hundred four, eighteen hundred five, eighteen hundred seven or eighteen hundred eight of the tax law; or

(ii) Knowing that the transaction or transactions in whole or in part are designed to:

(A) conceal or disguise the nature, the location, the source, the ownership or the control of the proceeds of either the proceeds of an act of terrorism as defined in subdivision one of section 490.05 of this part, or a monetary instrument given, received or intended to be used to support a violation of article four hundred ninety of this part; or

(B) avoid any transaction reporting requirement imposed by law; and

(iii) The total value of the property involved in such financial transaction or transactions exceeds seventy-five thousand dollars.

2. He or she conducts one or more financial transactions involving property represented to be either the proceeds of an act of terrorism as defined in subdivision one of section 490.05 of this part, or a monetary instrument given, received or intended to be used to support a violation of article four hundred ninety of this part:

(a) With intent to:

(i) promote the carrying on of specified criminal conduct; or

(ii) conceal or disguise the nature, the location, the source, the ownership or the control of property believed to be either the proceeds of an act of terrorism as defined in subdivision one of section 490.05 of this part, or a monetary instrument given, received or intended to be used to support a violation of article four hundred ninety of this part; or

(iii) avoid any transaction reporting requirement imposed by law; and

(b) The total represented value of the property involved in such financial transaction or transactions exceeds one hundred twenty-five thousand dollars.

Money laundering in support of terrorism in the first degree is a class B felony.

Section 470.25 Money laundering;  fines.

 1. Any person convicted of a violation of section 470.05, 470.10, 470.15 or 470.20 of this article may be sentenced to pay a fine not in excess of two times the value of the monetary instruments which are the proceeds of specified criminal activity.  When a fine is imposed pursuant to this subdivision, the court shall make a finding as to the value of such monetary instrument or instruments.  If the record does not contain sufficient evidence to support such a finding the court may conduct a hearing upon the issue.  In imposing a fine, the court shall consider the seriousness of the conduct, whether the amount of the fine is disproportionate to the conduct in which he engaged, its impact on victims, as well as the economic circumstances of the convicted person, including the effect of the imposition of such a fine upon his immediate family.

 2. The imposition of a fine pursuant to subdivision one of this section or paragraph b of subdivision one of section 80.00 of this chapter, shall preclude the imposition of any other order or judgment of forfeiture or fine based upon the same criminal conduct.

Section 480.00 Definitions

 The following definitions are applicable to this article.

 1. "Felony offense" means only a felony defined in article two hundred twenty of this chapter, or an attempt or conspiracy to commit any such felony, provided such attempt or conspiracy is punishable as a felony, or solicitation of any such felony provided such solicitation is punishable as a felony.

 2. "Property" means real property, personal property, money, negotiable instruments, securities, or anything of value or an interest in a thing of value.

 3. "Proceeds" means any property obtained by a defendant through the commission of a felony controlled substance offense, and includes any appreciation in value of such property.

 4. "Substituted proceeds" means any property obtained by a defendant by the sale or exchange of proceeds of a felony controlled substance offense, and any gain realized by such sale or exchange.

 5. "Instrumentality of a felony controlled substance offense" means any property, other than real property and any buildings, fixtures, appurtenances, and improvements thereon, whose use contributes directly and materially to the commission of a felony controlled substance offense.

 6. "Real property instrumentality of a crime" means an interest in real property the use of which contributes directly and materially to the commission of a specified felony offense.

 7. "Specified felony offense" means:

  (a) a conviction of a person for a violation of section 220.18, 220.21, 220.41, or 220.43 of this chapter, or where the accusatory instrument charges one or more of such offenses, conviction upon a plea of guilty to any of the felonies for which such plea is otherwise authorized by law or a conviction of a person for conspiracy to commit a violation of section 220.18, 220.21, 220.41, or 220.43 of the penal law, where the controlled substances which are the object of the conspiracy are located in the real property which is the subject of the forfeiture action;  or

  (b) three or more violations of any of the felonies defined in section 220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43, or 221.55 of this chapter, which violations do not constitute a single criminal offense as defined in subdivision one of section 40.10 of the criminal procedure law, or a single criminal transaction, as defined in paragraph (a) of subdivision two of section 40.10 of the criminal procedure law, and at least one of which resulted in a conviction of such offense, or where the accusatory instrument charges one or more of such felonies, conviction upon a plea of guilty to a felony for which such plea is otherwise authorized by law;  or

  (c) a conviction of a person for a violation of section 220.09, 220.16,  220.34, 220.39, or 221.30 of this chapter, or where the accusatory instrument charges any such felony, conviction upon a plea of guilty to a felony for which the plea is otherwise authorized by law, together with evidence which:  (i) provides substantial indicia that the defendant used the real property to engage in a continual, ongoing course of conduct involving the unlawful mixing, compounding, manufacturing, warehousing, or packaging of controlled substances or where the conviction is for a violation of section 221.30 of this chapter, marijuana as part of an illegal trade or business for gain;  and (ii) establishes, where the conviction is for possession of a controlled substance or where the conviction is for a violation of section 221.30 of this chapter, marijuana, that such possession was with the intent to sell it.
 

Section 480.05 Felony controlled substance offenses;  forfeiture

 1. When any person is convicted of a felony offense, the following property is subject to forfeiture pursuant to this article:

  (a) any property constituting the proceeds or substituted proceeds of such offense, unless the forfeiture is disproportionate to the defendant's gain from or participation in the offense, in which event the trier of fact may direct forfeiture of a portion thereof;  and

  (b) any property constituting an instrumentality of such offense, other than a real property instrumentality of a crime, unless such forfeiture is disproportionate to the defendant's gain from or participation in the offense, in which event the trier of fact may direct forfeiture of a portion thereof.

 2. When any person is convicted of a specified offense, the real property instrumentality of such specified offense is subject to forfeiture pursuant to this article, unless such forfeiture is disproportionate to the defendant's gain from or participation in the offense, in which event the trier of fact may direct forfeiture of a portion thereof.

 3. Property acquired in good faith by an attorney as payment for the reasonable and bona fide fees of legal services or reimbursement of reasonable and bona fide expenses related to the representation of a defendant in connection with a civil or criminal forfeiture proceeding or a related criminal matter, shall be exempt from a judgment of forfeiture.  For purposes of this subdivision, "bona fide" means that the attorney who acquired such property had no reasonable basis to believe that the fee transaction was a fraudulent or sham transaction designed to shield property from forfeiture, hide its existence from governmental investigative agencies, or was conducted for any purpose other than legitimate.
 

Section 480.10 Procedure

 1. After the grand jury votes to file an indictment charging a person with a felony offense as that term is defined in section 480.00 of this article, it may subsequently receive evidence that property is subject to forfeiture under this article.  If such evidence is legally sufficient and provides reasonable cause to believe that such property is subject to forfeiture under this article, the grand jury shall file together with the indictment a special forfeiture information specifying the property for which forfeiture is sought and containing a plain and concise factual statement which sets forth the basis for the forfeiture.  Alternatively, where the defendant has waived indictment and has consented to be prosecuted for a felony offense by superior court information pursuant to article one hundred ninety-five of the criminal procedure law, the prosecutor may, in addition to the superior court information, file a special forfeiture information specifying the property for which the forfeiture is sought and containing a plain and concise factual statement which sets forth the basis for the forfeiture.

 2. At any time before entry of a plea of guilty to an indictment or commencement of a trial thereof, the prosecutor may file a superseding special forfeiture information in the same court in accordance with the provisions of subdivision one of this section.  Upon the filing of such a superseding forfeiture information the court must, upon application of the defendant, order any adjournment of the proceedings which may, by reason of such superseding special forfeiture information, be necessary to accord the defendant adequate opportunity to prepare his defense of the forfeiture action.

 3. A motion to inspect and reduce made pursuant to section 210.20 of the criminal procedure law may seek modification of a special forfeiture information dismissing a claim with respect to any property interest therein where the court finds the evidence before the grand jury was legally insufficient to support a claim against such interest.

 4. The prosecutor shall promptly file a copy of the special forfeiture information, including the terms thereof, with the state division of criminal justice services and with the local agency responsible for criminal justice planning.  Failure to file such information shall not be grounds for any relief under this chapter.

 5. In addition to information required to be disclosed pursuant to article two hundred forty of the criminal procedure law, when forfeiture is sought pursuant to this article, and following the defendant's arraignment on the special forfeiture information, the court shall order discovery of any information not otherwise disclosed which is material and reasonably necessary for preparation by the defendant with respect to a forfeiture proceeding brought pursuant to this article.  Such material shall include those portions of the grand jury minutes and such other information which pertain solely to the special forfeiture information and shall not include information which pertains to the criminal charges.  Upon application of the prosecutor, the court may issue a protective order pursuant to section 240.40 of the criminal procedure law with respect to any information required to be disclosed pursuant to this subdivision.

 6. (a) Trial of forfeiture counts by jury or by the court.  Evidence which relates solely to the issue of forfeiture shall not be presented during the trial on the underlying felony offense or specified felony offense, and the defendant shall not be required to present such evidence prior to the verdict on such offense.  A defendant who does not present evidence in his defense with respect to the trial of the underlying offense is not precluded on account thereof from presenting evidence during the trial of the forfeiture count or counts.

  (b) Trial of forfeiture counts by the jury.  After returning a verdict of guilty of a felony offense or specified felony offense, or where the defendant has pled guilty to a felony offense or a specified felony offense and has not waived a jury trial of the forfeiture count or counts pursuant to article three hundred twenty of the criminal procedure law, the jury shall be given the forfeiture information and shall hear any additional evidence which is relevant and legally admissible upon the forfeiture count or counts.  After hearing such evidence, the jury shall then deliberate upon the forfeiture count or counts, and based upon all the evidence admitted in connection with the indictment or superior court information and the forfeiture information, may, if satisfied by proof beyond a reasonable doubt that the property, or a portion thereof, is subject to forfeiture pursuant to this article, return a verdict directing that such property, or portion thereof, is subject to forfeiture.

  (c) Trial of forfeiture counts by the court.  Where a defendant has waived a jury trial of the forfeiture count or counts pursuant to article three hundred twenty of the criminal procedure law, the court shall hear all evidence upon the forfeiture information and may, if satisfied by proof beyond a reasonable doubt that the property, or a portion thereof, is subject to forfeiture under this article, render a verdict determining that such property, or a portion thereof, is subject to forfeiture under this article.

  (d) After the verdict of forfeiture, the court shall hear arguments and may receive additional evidence upon a motion of the defendant that the verdict of forfeiture (i) is against the weight of the evidence, or (ii) is, with respect to a forfeiture pursuant to this article, disproportionate to the defendant's gain from the offense, or the defendant's interest in the property, or the defendant's participation in the conduct upon which the forfeiture is based. Upon such a finding, the court may in the interest of justice set aside, modify, limit or otherwise condition the verdict of forfeiture.

 7. A final judgment or order of forfeiture issued pursuant to this article shall authorize the prosecutor to seize all property directed to be forfeited under this article upon such terms and conditions as the court deems proper. If a property right is not exercisable or transferable for value by the prosecutor, it shall expire and shall not revert to the convicted person.

 8. Where the forfeited property consists of real property, the court may at any time prior to a verdict of forfeiture, enter an order pursuant to subdivision four-a of section thirteen hundred eleven of the civil practice law and rules.

 9. No person shall forfeit any right, title, or interest in any property under this article who has not been convicted of a felony offense or specified felony offense, as the case may be.  Any person claiming an interest in property subject to forfeiture may institute a special proceeding to determine that claim, before or after the trial, pursuant to section thirteen hundred twenty- seven of the civil practice law and rules;  provided, however, that if such special proceeding is initiated before trial on the forfeiture count or counts, it may, upon written motion of the prosecutor, and in the court's discretion, be postponed by the court until completion of the trial.  In addition, any person claiming an interest in property subject to forfeiture may petition for remission as provided for in subdivision seven of section thirteen hundred eleven of the civil practice law and rules.

 10. Testimony of the defendant or evidence derived therefrom introduced in the trial of the forfeiture count may not be used by the prosecution in any post- trial motion proceedings, appeals, or retrials relating to the defendant's criminal liability for the underlying criminal offense unless the defendant has previously referred to such evidence in such post-trial proceeding, appeal, or retrial relating to the underlying offense and the evidence is presented by the prosecutor in response thereto.  Upon vacatur or reversal on appeal of a judgment of conviction upon which a verdict of forfeiture is based, any verdict of forfeiture which is based upon such conviction shall also be vacated or reversed.
 

Section 480.20 Disposal of property

 All property which is forfeited pursuant to this article shall be disposed of in accordance with the provisions of section thirteen hundred forty-nine of the civil practice law and rules.  All reports required to be filed pursuant to article thirteen-A of such law and rules by a claiming authority shall be filed by the prosecutor in a forfeiture action brought pursuant to this article.
  Laws of New York

Section 480.25 Election of remedies

 The imposition of a judgment or order of forfeiture pursuant to this article with respect to a defendant's interest in property shall preclude the imposition of a judgment or order of forfeiture with respect to such interest in property pursuant to the provisions of any other state or local law based upon the same criminal conduct.
 

Section 480.30 Provisional remedies

 1. The provisional remedies authorized by article thirteen-A of the civil practice law and rules shall be available in an action for criminal forfeiture pursuant to this article to the extent and under the same terms, conditions and limitations as provided in article thirteen-A of such law and rules, except as specifically provided herein.

 2. Upon the filing of an indictment and special forfeiture information, or a superior court information and special forfeiture information, seeking forfeiture pursuant to this article, all further proceedings with respect to provisional remedies shall be heard by the judge or justice in the criminal part to which the criminal action is assigned.

 3. For purposes of this section, the indictment and special forfeiture information or superior court information and special forfeiture information seeking criminal forfeiture shall constitute the summons with notice or summons and verified complaint referred to in article thirteen-A of the civil practice law and rules.
 

Section 480.35 Rebuttable presumption

 1. In a criminal forfeiture proceeding commenced pursuant to this article, the following rebuttable presumption shall apply:  all currency or negotiable instruments payable to the bearer shall be presumed to be the proceeds of a felony offense when such currency or negotiable instruments are (i) found in close proximity to a controlled substance unlawfully possessed by the defendant in an amount sufficient to constitute a violation of section 220.18 or 220.21 of the penal law, or (ii) found in close proximity to any quantity of a controlled substance or marihuana unlawfully possessed by such defendant in a room, other than a public place, under circumstances evincing an intent to unlawfully mix, compound, package, distribute or otherwise prepare for sale such controlled substance or marihuana.

 2. The presumption established by this section shall be rebutted by credible and reliable evidence which tends to show that such currency or negotiable instruments payable to the bearer is not the proceeds of a felony offense.  In an action tried before a jury, the jury shall be so instructed.  Any sworn testimony of a defendant offered to rebut the presumption and any other evidence which is obtained as a result of such testimony, shall be inadmissible in any subsequent proceeding relating to the forfeiture action, or in any other civil or criminal action, except in a prosecution for a violation of article two hundred ten of this chapter.  In an action tried before a jury, at the commencement of the trial, or at such other time as the court reasonably directs, the prosecutor shall provide notice to the court and to the defendant of its intent to request that the court charge such presumption.

Section 485.00 Legislative findings

 The legislature finds and determines as follows: criminal acts involving violence, intimidation and destruction of property based upon bias and prejudice have become more prevalent in New York state in recent years. The intolerable truth is that in these crimes, commonly and justly referred to as "hate crimes", victims are intentionally selected, in whole or in part, because of their race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation. Hate crimes do more than threaten the safety and welfare of all citizens. They inflict on victims incalculable physical and emotional damage and tear at the very fabric of free society. Crimes motivated by invidious hatred toward particular groups not only harm individual victims but send a powerful message of intolerance and discrimination to all members of the group to which the victim belongs. Hate crimes can and do intimidate and disrupt entire communities and vitiate the civility that is essential to healthy democratic processes. In a democratic society, citizens cannot be required to approve of the beliefs and practices of others, but must never commit criminal acts on account of them. Current law does not adequately recognize the harm to public order and individual safety that hate crimes cause. Therefore, our laws must be strengthened to provide clear recognition of the gravity of hate crimes and the compelling importance of preventing their recurrence. Accordingly, the legislature finds and declares that hate crimes should be prosecuted and punished with appropriate severity. 

Section 485.05 Hate crimes.

 1. A person commits a hate crime when he or she commits a specified offense and either: 

  (a) intentionally selects the person against whom the offense is committed or intended to be committed in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct, or 

  (b) intentionally commits the act or acts constituting the offense in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct. 

 2. Proof of race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of the defend- ant, the victim or of both the defendant and the victim does not, by itself, constitute legally sufficient evidence satisfying the people's burden under paragraph (a) or (b) of subdivision one of this section. 

 3. A "specified offense" is an offense defined by any of the following provisions of this chapter: section 120.00 (assault in the third degree); section 120.05 (assault in the second degree); section 120.10 (assault in the first degree); section 120.12 (aggravated assault upon a person less than eleven years old); section 120.13 (menacing in the first degree); section 120.14 (menacing in the second degree); section 120.15 (menacing in the third degree); section 120.20 (reckless endangerment in the second degree); section 120.25 (reckless endangerment in the first degree); subdivision one of section 125.15 (manslaughter in the second degree); subdivision one, two or four of section 125.20 (manslaughter in the first degree); section 125.25 (murder in the second degree); section 120.45 (stalking in the fourth degree); section 120.50 (stalking in the third degree); section 120.55 (stalking in the second degree); section 120.60 (stalking in the first degree); subdivision one of section 130.35 (rape in the first degree); subdivision one of section 130.50 (criminal sexual act in the first degree); subdivision one of section 130.65 (sexual abuse in the first degree); paragraph (a) of subdivision one of section 130.67 (aggravated sexual abuse in the second degree); paragraph (a) of subdivision one of section 130.70 (aggravated sexual abuse in the first degree); section 135.05 (unlawful imprisonment in the second degree); section 135.10 (unlawful imprisonment in the first degree); section 135.20 (kidnapping in the second degree); section 135.25 (kidnapping in the first degree); section 135.60 (coercion in the second degree); section 135.65 (coercion in the first degree); section 140.10 (criminal trespass in the third degree); section 140.15 (criminal trespass in the second degree); section 140.17 (criminal trespass in the first degree); section 140.20 (burglary in the third degree); section 140.25 (burglary in the second degree); section 140.30 (burglary in the first degree); section 145.00 (criminal mischief in the fourth degree); section 145.05 (criminal mischief in the third degree); section 145.10 (criminal mischief in the second degree); section 145.12 (criminal mischief in the first degree); section 150.05 (arson in the fourth degree); section 150.10 (arson in the third degree); section 150.15 (arson in the second degree); section 150.20 (arson in the first degree); section 155.25 (petit larceny); section 155.30 (grand larceny in the fourth degree); section 155.35 (grand larceny in the third degree); section 155.40 (grand larceny in the second degree); section 155.42 (grand larceny in the first degree); section 160.05 (robbery in the third degree); section 160.10 (robbery in the second degree); section 160.15 (robbery in the first degree); section 240.25 (harassment in the first degree); subdivision one, two or four of section 240.30 (aggravated harassment in the second degree); or any attempt or conspiracy to commit any of the foregoing offenses. 

 4. For purposes of this section: 

  (a) the term "age" means sixty years old or more; 

  (b) the term "disability" means a physical or mental impairment that substantially limits a major life activity. 

Section 485.10 Sentencing 

 1. When a person is convicted of a hate crime pursuant to this article, and the specified offense is a violent felony offense, as defined in section 70.02 of this chapter, the hate crime shall be deemed a violent felony offense. 

 2. When a person is convicted of a hate crime pursuant to this article and the specified offense is a misdemeanor or a class C, D or E felony, the hate crime shall be deemed to be one category higher than the specified offense the defendant committed, or one category higher than the offense level applicable to the defendant's conviction for an attempt or conspiracy to commit a specified offense, whichever is applicable. 

 3. Notwithstanding any other provision of law, when a person is convicted of a hate crime pursuant to this article and the specified offense is a class B felony: 

  (a) the maximum term of the indeterminate sentence must be at least six years if the defendant is sentenced pursuant to section 70.00 of this chapter; 

  (b) the term of the determinate sentence must be at least eight years if the defendant is sentenced pursuant to section 70.02 of this chapter; 

  (c) the term of the determinate sentence must be at least twelve years if the defendant is sentenced pursuant to section 70.04 of this chapter; 

  (d) the maximum term of the indeterminate sentence must be at least four years if the defendant is sentenced pursuant to section 70.05 of this chapter; and (e) the maximum term of the indeterminate sentence or the term of the determinate sentence must be at least ten years if the defendant is sentenced pursuant to section 70.06 of this chapter. 4. Notwithstanding any other provision of law, when a person is convicted of a hate crime pursuant to this article and the specified offense is a class A-1 felony, the minimum period of the indeterminate sentence shall be not less than twenty years.

Section 490.00 Legislative findings

 The devastating consequences of the recent barbaric attack on the World Trade Center and the Pentagon underscore the compelling need for legislation that is specifically designed to combat the evils of terrorism. Indeed, the bombings of American embassies in Kenya and Tanzania in 1998, the federal building in Oklahoma City in 1995, Pan Am Flight number 103 in Lockerbie in 1988, the 1997 shooting atop the Empire State Building, the 1994 murder of Ari Halberstam on the Brooklyn Bridge and the 1993 bombing of the World Trade Center, will forever serve to remind us that terrorism is a serious and deadly problem that disrupts public order and threatens individual safety both at home and around the world. Terrorism is inconsistent with civilized society and cannot be tolerated. Although certain federal laws seek to curb the incidence of terrorism, there are no corresponding state laws that facilitate the prosecution and punishment of terrorists in state courts. Inexplicably, there is also no criminal penalty in this state for a person who solicits or raises funds for, or provides other material support or resources to, those who commit or encourage the commission of horrific and cowardly acts of terrorism. Nor do our criminal laws proscribe the making of terrorist threats or punish with appropriate severity those who hinder the prosecution of terrorists. Finally, our death penalty statute must be strengthened so that the cold-blooded execution of an individual for terrorist purposes is a capital offense. A comprehensive state law is urgently needed to complement federal laws in the fight against terrorism and to better protect all citizens against terrorist acts. Accordingly, the legislature finds that our laws must be strengthened to ensure that terrorists, as well as those who solicit or provide financial and other support to terrorists, are prosecuted and punished in state courts with appropriate severity. 

Section 490.05 Definitions 

 As used in this article, the following terms shall mean and include: 

 1. "Act of terrorism": 

  (a) for purposes of this article means an act or acts constituting a specified offense as defined in subdivision three of this section for which a person may be convicted in the criminal courts of this state pursuant to article twenty of the criminal procedure law, or an act or acts constituting an offense in any other jurisdiction within or outside the territorial boundaries of the United States which contains all of the essential elements of a specified offense, that is intended to: 

   (i) intimidate or coerce a civilian population; 

   (ii) influence the policy of a unit of government by intimidation or coercion; or 

   (iii) affect the conduct of a unit of government by murder, assassination or kidnapping; or 

  (b) for purposes of subparagraph (xiii) of paragraph (a) of subdivision one of section 125.27 of this chapter means activities that involve a violent act or acts dangerous to human life that are in violation of the criminal laws of this state and are intended to: 

   (i) intimidate or coerce a civilian population; 

   (ii) influence the policy of a unit of government by intimidation or coercion; or 

   (iii) affect the conduct of a unit of government by murder, assassination or kidnapping. 

 2. "Material support or resources" means currency or other financial securities, financial services, lodging, training, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except medicine or religious materials. 

3. (a) "Specified offense" for purposes of this article means a class A felony offense other than an offense as defined in article two hundred twenty, a violent felony offense as defined in section 70.02, manslaughter in the second degree as defined in section 125.15, criminal tampering in the first degree as defined in section 145.20, identity theft in the second degree as defined in section 190.79, identity theft in the first degree as defined in section 190.80, unlawful possession of personal identification information in the second degree as defined in section 190.82, unlawful possession of personal identification information in the first degree as defined in section 190.83, money laundering in support of terrorism in the fourth degree as defined in section 470.21, money laundering in support of terrorism in the third degree as defined in section 470.22, money laundering in support of terrorism in the second degree as defined in section 470.23, money laundering in support of terrorism in the first degree as defined in section 470.24 of this chapter, and includes an attempt or conspiracy to commit any such offense.

 4. "Renders criminal assistance" for purposes of sections 490.30 and 490.35 of this article shall have the same meaning as in section 205.50 of this chapter. 

5. "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.

6. "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.

7. "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.

8. "Vector" means a living organism, or molecule, including a recombinant molecule, or biological product that may be engineered as a result of biotechnology, capable of carrying a biological agent or toxin to a host.

9. "Biological weapon" means any biological agent, toxin, vector, or delivery system or combination thereof.

10. "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.

11. "Precursor" means any chemical reactant that takes part at any stage in the production by whatever method of a toxic chemical, including any key component of a binary or multicomponent chemical system, and includes precursors which have been identified for application of verification measures under article VI of the convention in schedules contained in the annex on chemicals of the chemical weapons convention.

12. "Key component of a binary or multicomponent chemical system" means the precursor which plays the most important role in determining the toxic properties of the final product and reacts rapidly with other chemicals in the binary or multicomponent system.

13. "Toxic chemical" means any chemical which through its chemical action on life processes can cause death, serious physical injury or permanent harm to humans or animals, including all such chemicals, regardless of their origin or of their method of production, and regardless of whether they are produced in facilities, in munitions or elsewhere, and includes toxic chemicals which have been identified by the commissioner of health and included on the list of toxic chemicals pursuant to subdivision twenty of section two hundred six of the public health law.

14. The terms "biological agent", "toxin", and "toxic chemical" do not include any biological agent, toxin or toxic chemical that is in its naturally occurring environment, if the biological agent, toxin or toxic chemical has not been cultivated, collected, or otherwise extracted from its natural source.

15. "Select chemical agent" shall mean a chemical weapon which has been identified in regulations promulgated pursuant to subdivision twenty of section two hundred six of the public health law.

16. "Select biological agent" shall mean a biological weapon which has been identified in regulations promulgated pursuant to subdivision twenty-one of section two hundred six of the public health law.

17. "Chemical weapons convention" and "convention" mean the convention on the prohibition of the development, production, stockpiling and use of chemical weapons and on their destruction, opened for signature on January thirteenth, nineteen hundred ninety-three.

 

Section 490.10 Soliciting or providing support for an act of terrorism in the second degree

 A person commits soliciting or providing support for an act of terrorism in the second degree when, with intent that material support or resources will be used, in whole or in part, to plan, prepare, carry out or aid in either an act of terrorism or the concealment of, or an escape from, an act of terrorism, he or she raises, solicits, collects or provides material support or resources. Soliciting or providing support for an act of terrorism in the second degree is a class D felony. 

Section 490.15 Soliciting or providing support for an act of terrorism in the first degree 

 A person commits soliciting or providing support for an act of terror- ism in the first degree when he or she commits the crime of soliciting or providing support for an act of terrorism in the second degree and the total value of material support or resources exceeds one thousand dollars. Soliciting or providing support for an act of terrorism in the first degree is a class C felony. 

Section 490.20 Making a terroristic threat 

 1. A person is guilty of making a terroristic threat when with intent to intimidate or coerce a civilian population, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unit of government by murder, assassination or kidnapping, he or she threatens to commit or cause to be committed a specified offense and thereby causes a reasonable expectation or fear of the imminent commission of such offense. 

 2. It shall be no defense to a prosecution pursuant to this section that the defendant did not have the intent or capability of committing the specified offense or that the threat was not made to a person who was a subject thereof. Making a terroristic threat is a class D felony. 

Section 490.25 Crime of terrorism 

 1. A person is guilty of a crime of terrorism when, with intent to intimidate or coerce a civilian population, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unit of government by murder, assassination or kidnapping, he or she commits a specified offense. 

 2. Sentencing 

  (a) When a person is convicted of a crime of terrorism pursuant to this section, and the specified offense is a class B, C, D or E felony offense, the crime of terrorism shall be deemed a violent felony offense. 

  (b) When a person is convicted of a crime of terrorism pursuant to this section, and the specified offense is a class C, D or E felony offense, the crime of terrorism shall be deemed to be one category higher than the specified offense the defendant committed, or one category higher than the offense level applicable to the defendant's conviction for an attempt or conspiracy to commit the offense, whichever is applicable. 

  (c) When a person is convicted of a crime of terrorism pursuant to this section, and the specified offense is a class B felony offense, the crime of terrorism shall be deemed a class A-I felony offense and the sentence imposed upon conviction of such offense shall be in accordance with section 70.00 of this chapter. 

  (d) Notwithstanding any other provision of law, when a person is convicted of a crime of terrorism pursuant to this section, and the specified offense is a class A-I felony offense, the sentence upon conviction of such offense shall be life imprisonment without parole; provided, however, that nothing herein shall preclude or prevent a sentence of death when the specified offense is murder in the first degree as defined in section 125.27 of this chapter. 

Section 490.30 Hindering prosecution of terrorism in the second degree

 A person is guilty of hindering prosecution of terrorism in the second degree when he or she renders criminal assistance to a person who has committed an act of terrorism, knowing or believing that such person engaged in conduct constituting an act of terrorism. Hindering prosecution of terrorism in the second degree is a class C felony. 

Section 490.35 Hindering prosecution of terrorism in the first degree

 A person is guilty of hindering prosecution of terrorism in the first degree when he or she renders criminal assistance to a person who has committed an act of terrorism that resulted in the death of a person other than one of the participants, knowing or believing that such person engaged in conduct constituting an act of terrorism. Hindering prosecution of terrorism in the first degree is a class B felony.

Section 490.37 Criminal possession of a chemical weapon or biological weapon in the third degree

A person is guilty of criminal possession of a chemical weapon or biological weapon in the third degree when he or she possesses any select chemical agent or select biological agent under circumstances evincing an intent by the defendant to use such weapon to cause serious physical injury or death to another person.

Criminal possession of a chemical weapon or biological weapon in the third degree is a class C felony.

Section 490.40 Criminal possession of a chemical weapon or biological weapon in the second degree

A person is guilty of criminal possession of a chemical weapon or biological weapon in the second degree when he or she possesses any chemical weapon or biological weapon with intent to use such weapon to:

1. (a) cause serious physical injury to, or the death of, another person; and

(b) (i) intimidate or coerce a civilian population;

(ii) influence the policy of a unit of government by intimidation or coercion; or

(iii) affect the conduct of a unit of government by murder, assassination, or kidnapping.

2. cause serious physical injury to, or the death of, more than two persons.

Criminal possession of a chemical weapon or biological weapon in the second degree is a class B felony.

Section 490.45 Criminal possession of a chemical weapon or biological weapon in the first degree

A person is guilty of criminal possession of a chemical weapon or biological weapon in the first degree when he or she possesses:

1. any select chemical agent, with intent to use such agent to:

(a) cause serious physical injury to, or the death of, another person; and

(b) (i) intimidate or coerce a civilian population;

(ii) influence the policy of a unit of government by intimidation or coercion; or

(iii) affect the conduct of a unit of government by murder, assassination, or kidnapping.

2. any select chemical agent, with intent to use such agent to cause serious physical injury to, or the death of, more than two other persons; or

3. any select biological agent, with intent to use such agent to cause serious physical injury to, or the death of, another person.

Criminal possession of a chemical weapon or biological weapon in the first degree is a class A-I felony.

Section 490.47 Criminal use of a chemical weapon or biological weapon in the third degree

A person is guilty of criminal use of a chemical weapon or biological weapon in the third degree when, under circumstances evincing a depraved indifference to human life, he or she uses, deploys, releases, or causes to be used, deployed, or released any select chemical agent or select biological agent, and thereby creates a grave risk of death or serious physical injury to another person not a participant in the crime.

Criminal use of a chemical weapon or biological weapon in the third degree is a class B felony

Section 490.50 Criminal use of a chemical weapon or biological weapon in the second degree

A person is guilty of criminal use of a chemical weapon or biological weapon in the second degree when he or she uses, deploys, releases, or causes to be used, deployed, or released, any chemical weapon or biological weapon, with intent to:

1. cause serious physical injury to, or the death of, another person; and

2. (a) intimidate or coerce a civilian population;

(b) influence the policy of a unit of government by intimidation or coercion; or

(c) to affect the conduct of a unit of government by murder, assassination, or kidnapping.

Criminal use of a chemical weapon or biological weapon in the second degree is a class A-II felony.

Section 490.55 Criminal use of a chemical weapon or biological weapon in the first degree

A person is guilty of criminal use of a chemical weapon or biological weapon in the first degree when:

1. with intent to:

(a) cause serious physical injury to, or the death of, another person; and

(b) (i) intimidate or coerce a civilian population;

(ii) influence the policy of a unit of government by intimidation or coercion; or

(iii) affect the conduct of a unit of government by murder, assassination, or kidnapping;

he or she uses, deploys, releases, or causes to be used, deployed, or released any select chemical agent and thereby causes serious physical injury to, or the death of, another person who is not a participant in the crime.

2. with intent to cause serious physical injury to, or the death of, more than two persons, he or she uses, deploys, releases, or causes to be used, deployed, or released any select chemical agent and thereby causes serious physical injury to, or the death of, more than two persons who are not participants in the crime; or

3. with intent to cause serious physical injury to, or the death of, another person, he or she uses, deploys, releases, or causes to be used, deployed, or released any select biological agent and thereby causes serious physical injury to, or the death of, another person who is not a participant in the crime.

Criminal use of a chemical weapon or biological weapon in the first degree is a class A-I felony.

Section 490.70 Limitations

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.

Section 500.05 Laws repealed

 Chapter eighty-eight of the laws of nineteen hundred nine, entitled "An act providing for the punishment of crime, constituting chapter forty of the consolidated laws," and all acts amendatory thereof and supplemental thereto, constituting the penal law as heretofore in force, are hereby repealed.
 

Section 500.10 Time of taking effect

 This act shall take effect September first, nineteen hundred sixty-seven.