Criminal possession of a chemical weapon or biological weapon in the third degree · as in force on May 31, 2026
§ 490.37 Criminal possession of a chemical weapon or biological weapon
in the third degree.
A person is guilty of criminal possession of a chemical weapon or biological weapon in the third degree when he or she possesses any select chemical agent or select biological agent under circumstances evincing an intent by the defendant to use such weapon to cause serious physical injury or death to another person.
Criminal possession of a chemical weapon or biological weapon in the third degree is a class C felony.
Possessing a select chemical agent or select biological agent under circumstances showing intent to use it to cause serious physical injury or death to another person is third-degree criminal possession of a chemical or biological weapon, a class C felony. ★
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.