2020 New York Laws
PEN - Penal
Part 4 - Administrative Provisions
Title Y-1 - Enacted Without Title Heading.
Article 490 - Terrorism
490.55 - Criminal Use of a Chemical Weapon or Biological Weapon in the First Degree.
§ 490.55 Criminal use of a chemical weapon or biological weapon in the
first degree.
A person is guilty of criminal use of a chemical weapon or biological
weapon in the first degree when:
1. with intent 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;
he or she uses, deploys, releases, or causes to be used, deployed, or
released any select chemical agent and thereby causes serious physical
injury to, or the death of, another person who is not a participant in
the crime.
2. with intent to cause serious physical injury to, or the death of,
more than two persons, he or she uses, deploys, releases, or causes to
be used, deployed, or released any select chemical agent and thereby
causes serious physical injury to, or the death of, more than two
persons who are not participants in the crime; or
3. with intent to cause serious physical injury to, or the death of,
another person, he or she uses, deploys, releases, or causes to be used,
deployed, or released any select biological agent and thereby causes
serious physical injury to, or the death of, another person who is not a
participant in the crime.
Criminal use of a chemical weapon or biological weapon in the first
degree is a class A-I felony.
