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Current as of January 01, 2021 | Updated by FindLaw Staff
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.
Cite this article: FindLaw.com - New York Consolidated Laws, Penal Law - PEN § 490.40 Criminal possession of a chemical weapon or biological weapon in the second degree - last updated January 01, 2021 | https://codes.findlaw.com/ny/penal-law/pen-sect-490-40/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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