1. The Laws of New York
  2. Consolidated Laws
  3. Penal
  4. Part 4: Administrative Provisions
  5. Title Y-1: * Nb Enacted Without Title Heading
  6. Article 490: Terrorism


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

Penal (PEN)

§ 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.