Statute · New York Penal Law

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

N.Y. Penal Law § 490.40

Type: Statute
Source: New York Penal Law
Jurisdiction: New York
Current through: Nov 5, 2026 (NY Senate Open Legislation)

§ 490.40 Criminal possession of a chemical weapon or biological weapon

Citator

N.Y. Penal Law § 490.40 — Criminal possession of a chemical weapon or biological weapon in the second degree is in force in the current edition of the Code, and nothing recorded condemns it.

§ 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.