{"jurisdiction": "us-ny", "code": "penal", "section": "490.45", "citation": "Penal Law § 490.45", "heading": "Criminal possession of a chemical weapon or biological weapon in the first degree", "text": ["§ 490.45 Criminal possession of a chemical weapon or biological weapon", "in the first degree.", "A person is guilty of criminal possession of a chemical weapon or biological weapon in the first degree when he or she possesses:", "1. any select chemical agent, with intent to use such agent to:", "(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. any select chemical agent, with intent to use such agent to cause serious physical injury to, or the death of, more than two other persons; or", "3. any select biological agent, with intent to use such agent to cause serious physical injury to, or the death of, another person.", "Criminal possession of a chemical weapon or biological weapon in the first degree is a class A-I felony."], "official_source": "https://www.nysenate.gov/legislation/laws/PEN/490.45", "from_official_api": true, "plain_english": "A person commits first-degree criminal possession of a chemical or biological weapon by possessing:\n- **(1)** A **select chemical agent**, intending to seriously injure or kill and to intimidate or coerce civilians, influence government policy **by intimidation or coercion**, or affect government conduct through murder, assassination, or kidnapping.\n- **(2)** A select chemical agent, intending to seriously injure or kill **more than 2 other people**.\n- **(3)** A **select biological agent**, intending to seriously injure or kill another person.\nThe offense is a **class A-I felony**. ★", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/490.45", "publisher": "Elyphived LLC"}