45th legislature - STATE OF NEW MEXICO - second session, 2002

RELATING TO CRIMINAL LAW; CREATING A NEW OFFENSE KNOWN AS UNLAWFUL POSSESSION OF A BIOLOGICAL OR CHEMICAL WEAPON; PROVIDING PENALTIES; ENACTING A NEW SECTION OF THE CRIMINAL CODE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. A new section of the Criminal Code is enacted to read:

"[NEW MATERIAL] UNLAWFUL POSSESSION OF A BIOLOGICAL OR CHEMICAL WEAPON.--

A. Unlawful possession of a biological or chemical weapon consists of knowingly possessing a biological or chemical weapon, or a combination of materials used to create a biological or chemical weapon, with the specific intent to cause death or great bodily harm to a person.

B. Whoever commits unlawful possession of a biological or a chemical weapon is guilty of a fourth degree felony.

C. As used in this section:

(1) "biological weapon" means any device or delivery system capable of releasing a biological agent that uses a microorganism or a toxin produced by a living organism, in any form or by any means, that will or may reasonably be expected to cause death or great bodily harm to a person; and

(2) "chemical weapon" means any device or delivery system that uses the toxic properties of a chemical, in any form or by any means, that will or may reasonably be expected to cause death or great bodily harm to a person. "Chemical weapon" does not include:

(a) riot-control agents when used by law enforcement personnel;

(b) chemical herbicides or chemical pesticides; or

(c) mace, pepper spray or any other analogous commercially produced personal defense device.

D. The provisions of this section do not apply to individuals or institutions authorized by the state or federal government to possess or use biological or chemical weapons."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2002.