NY State — NY Penal Law

§ 490.40 — Criminal possession of a chemical weapon or biological weapon in the second degree

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Statute text reproduced from nysenate.gov. Not attorney-reviewed for your situation — for reference only.

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What is NY PL § 490.40?

Quick Answer

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.

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§ 490.40 Criminal possession of a chemical weapon or biological weapon in the second degree

PL § 490.40

§ 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.

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