N.Y. Penal Law 490.45 – Criminal possession of a chemical weapon or biological weapon in the first degree
§ 490.45 Criminal possession of a chemical weapon or biological weapon
Attorney's Note
Under the New York Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A-I felony | 15 years to life | up to $100,000 |
Terms Used In N.Y. Penal Law 490.45
- Biological agent: means any micro-organism, virus, infectious substance, or biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any such micro-organism, virus, infectious substance, or biological product, capable of causing:
(a) death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism;
(b) deterioration of food, water, equipment, supplies, or material of any kind; or
(c) deleterious alteration of the environment. See N.Y. Penal Law 490.05 - Biological weapon: means any biological agent, toxin, vector, or delivery system or combination thereof. See N.Y. Penal Law 490.05
- Chemical weapon: means the following, together or separately:
(a) a toxic chemical or its precursors;
(b) a munition or device specifically designed to cause death or other harm through the toxic properties of a toxic chemical or its precursors, which would be released as a result of the employment of such munition or device;
(c) any equipment specifically designed for use directly in connection with the employment of munitions or devices; or
(d) any device that is designed to release radiation or radioactivity at a level dangerous to human life. See N.Y. Penal Law 490.05 - Select chemical agent: shall mean a chemical weapon which has been identified in regulations promulgated pursuant to subdivision twenty of § 206 of the public health law. See N.Y. Penal Law 490.05
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.