{"jurisdiction": "us-ny", "code": "penal", "section": "490.40", "citation": "Penal Law § 490.40", "heading": "Criminal possession of a chemical weapon or biological weapon in the second degree", "text": ["§ 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."], "official_source": "https://www.nysenate.gov/legislation/laws/PEN/490.40", "from_official_api": true, "plain_english": "Possessing a **chemical or biological weapon** with either of these intentions is second-degree criminal possession:\n- **(1)** To seriously injure or kill another and to intimidate or coerce civilians, influence government policy **by intimidation or coercion**, or affect government conduct through murder, assassination, or kidnapping.\n- **(2)** To seriously injure or kill **more than 2 people**.\nThe offense is a **class B felony**. ★", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/490.40", "publisher": "Elyphived LLC"}