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; 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 a person knowingly possessing a biological or chemical weapon for a non-peaceful purpose in order to cause death or harm to a human, animal or plant.

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 a weapon that:

(a) uses a microorganism to cause disease, incapacitation or death in a human, animal or plant; or

(b) uses a toxin produced by a living organism to cause disease, incapacitation or death in a human, animal or plant; and

(2) "chemical weapon" means a weapon that uses the toxic properties of a chemical to produce disease, incapacitation or death in a human, animal or plant. "Chemical weapon" does not include:

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

(b) chemical herbicides;

(c) smoke and flame materials; or

(d) 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 posses biological or chemical weapons."

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