N.Y. Penal Law 490.50 – Criminal use of a chemical weapon or biological weapon in the second degree
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§ 490.50 Criminal use of a chemical weapon or biological weapon in the
Terms Used In N.Y. Penal Law 490.50
- 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
second degree.
A person is guilty of criminal use of a chemical weapon or biological weapon in the second degree when he or she uses, deploys, releases, or causes to be used, deployed, or released, any chemical weapon or biological weapon, with intent to:
1. cause serious physical injury to, or the death of, another person; and
2. (a) intimidate or coerce a civilian population;
(b) influence the policy of a unit of government by intimidation or coercion; or
(c) to affect the conduct of a unit of government by murder, assassination, or kidnapping.
Criminal use of a chemical weapon or biological weapon in the second degree is a class A-II felony.