N.Y. Penal Law § 270.05: Unlawfully possessing or selling noxious material

§ 270.05 Unlawfully possessing or selling noxious material.

1. As used in this section, "noxious material" means any container

which contains any drug or other substance capable of generating

offensive, noxious or suffocating fumes, gases or vapors, or capable of

immobilizing a person.

2. A person is guilty of unlawfully possessing noxious material when

he possesses such material under circumstances evincing an intent to use

it or to cause it to be used to inflict physical injury upon or to cause

annoyance to a person, or to damage property of another, or to disturb

the public peace.

3. Possession of noxious material is presumptive evidence of intent

to use it or cause it to be used in violation of this section.

4. Bank security devices not prohibited. Notwithstanding the

provisions of subdivision one of this section, it shall not be unlawful

for any bank, national banking association, trust company, savings bank,

savings and loan association, industrial bank, or credit union to store,

possess, transport, use or cause to discharge any bank security device

as described in subdivision one of section 270.00 of this chapter; nor

shall it be unlawful for any manufacturer, wholesaler, dealer, jobber or

common carrier to manufacture, store, possess, transport, or sell such a

device to banks, national banking associations, trust companies, savings

banks, savings and loan associations, industrial banks or credit unions.

5. Self-defense spray devices not prohibited. Notwithstanding the

provisions of subdivisions two and three of this section, it shall not

be unlawful for a person eighteen years of age or older to possess a

self-defense spray device as defined in paragraph fourteen of

subdivision a of section 265.20 of this chapter in accordance with the

provisions set forth therein.

6. A person is guilty of unlawfully selling a noxious material when he

or she sells a self-defense spray device as defined in paragraph

fourteen of subdivision a of section 265.20 of this chapter and such

sale was not authorized in accordance with the provisions of paragraph

fifteen of subdivision a of section 265.20 of this chapter.

Unlawfully possessing or selling noxious material is a class B

misdemeanor.