N.Y. Penal Law 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.

Source: Section 490.40 — Criminal possession of a chemical weapon or biological weapon in the second degree, https://www.­nysenate.­gov/legislation/laws/PEN/490.­40 (updated Sep. 22, 2014; accessed Dec. 6, 2025).

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Verified:
Dec. 6, 2025

Last modified:
Sep. 22, 2014

§ 490.40. Crim. possession of a chemical weapon or biological weapon in the second degree's source at nysenate​.gov

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