New York Penal Code § 490.40

Criminal possession of a chemical weapon or biological weapon in the second degree
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§ 490.40 Criminal possession of a chemical weapon or biological weapon\n           in the second degree.\n  A person is guilty of criminal possession of a chemical weapon or\nbiological weapon in the second degree when he or she possesses any\nchemical weapon or biological weapon with intent to use such weapon to:\n  1. (a) cause serious physical injury to, or the death of, another\nperson; and\n  (b) (i) intimidate or coerce a civilian population;\n  (ii) influence the policy of a unit of government by intimidation or\ncoercion; or\n  (iii) affect the conduct of a unit of government by murder,\nassassination, or kidnapping.\n  2. cause serious physical injury to, or the death of, more than two\npersons.\n  Criminal possession of a chemical weapon or biological weapon in the\nsecond degree is a class B felony.\n

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