Criminal possession of a chemical weapon or biological weapon in the second degree · as in force on May 31, 2026
§ 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.
Possessing a chemical or biological weapon with either of these intentions is second-degree criminal possession:
The offense is a class B 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.