N.Y. Penal Law § 490.47: Criminal use of a chemical weapon or biological weapon in the third degree

§ 490.47 Criminal use of a chemical weapon or biological weapon in the

third degree.

A person is guilty of criminal use of a chemical weapon or biological

weapon in the third degree when, under circumstances evincing a depraved

indifference to human life, he or she uses, deploys, releases, or causes

to be used, deployed, or released any select chemical agent or select

biological agent, and thereby creates a grave risk of death or serious

physical injury to another person not a participant in the crime.

Criminal use of a chemical weapon or biological weapon in the third

degree is a class B felony.