{"jurisdiction": "us-ny", "code": "penal", "section": "490.47", "citation": "Penal Law § 490.47", "heading": "Criminal use of a chemical weapon or biological weapon in the third degree", "text": ["§ 490.47 Criminal use of a chemical weapon or biological weapon in the", "third degree.", "A person is guilty of criminal use of a chemical weapon or biological weapon in the third degree when, under circumstances evincing a depraved indifference to human life, he or she uses, deploys, releases, or causes to be used, deployed, or released any select chemical agent or select biological agent, and thereby creates a grave risk of death or serious physical injury to another person not a participant in the crime.", "Criminal use of a chemical weapon or biological weapon in the third degree is a class B felony."], "official_source": "https://www.nysenate.gov/legislation/laws/PEN/490.47", "from_official_api": true, "plain_english": "Under circumstances showing **depraved indifference to human life**, using, deploying, or releasing (or **causing to be used, deployed, or released**) a **select chemical or biological agent** and thereby creating a **grave risk of death or serious physical injury to a nonparticipant** is third-degree criminal use of a chemical or biological weapon, a **class B felony**. ★", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/490.47", "publisher": "Elyphived LLC"}