New York statute

N.Y. Penal Law § 490.40 — Criminal possession of a chemical weapon or biological weapon in the second degree

Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)

Part of Article 490: Terrorism, New York Penal Law.

Criminal charges under this statute

Criminal possession of a chemical weapon or biological weapon in the second degree

Full text of N.Y. Penal Law § 490.40

Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.

N.Y. Penal Law § 490.40Primary source, current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)

490.40 Criminal possession of a chemical weapon or biological weapon in the second degree. A person is guilty of criminal possession of a chemical weapon or biological weapon in the second degree when he or she possesses any chemical weapon or biological weapon with intent to use such weapon to: 1. (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. cause serious physical injury to, or the death of, more than two persons. Criminal possession of a chemical weapon or biological weapon in the second degree is a class B felony.

Official sources

Official OLLS publication (Title download)

Legal terms used in this section

Questions this section answers

What class of felony is criminal possession of a chemical weapon or biological weapon in the second degree in New York?

Criminal possession of a chemical weapon or biological weapon in the second degree is a Class B Felony in New York under N.Y. Penal Law § 490.40.

Which New York statute covers criminal possession of a chemical weapon or biological weapon in the second degree?

Criminal possession of a chemical weapon or biological weapon in the second degree is governed by N.Y. Penal Law § 490.40 (Criminal possession of a chemical weapon or biological weapon in the second degree).

This reference is informational and is not legal advice.