N.Y. Penal Law § 490.40

Current through 2024 NY Law Chapter 553

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.

N.Y. Penal Law § 490.40