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
Attorney's Note
Under the New York Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B felony | between 1 and 25 years | up to $30,000 |
Terms Used In N.Y. Penal Law 490.40
- Biological weapon: means any biological agent, toxin, vector, or delivery system or combination thereof. See N.Y. Penal Law 490.05
- Chemical weapon: means the following, together or separately:
(a) a toxic chemical or its precursors;
(b) a munition or device specifically designed to cause death or other harm through the toxic properties of a toxic chemical or its precursors, which would be released as a result of the employment of such munition or device;
(c) any equipment specifically designed for use directly in connection with the employment of munitions or devices; or
(d) any device that is designed to release radiation or radioactivity at a level dangerous to human life. See N.Y. Penal Law 490.05
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.