N.Y. Penal Law § 490.40: Criminal possession of a chemical weapon or biological weapon in the second degree

§ 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.