New York statute

N.Y. Penal Law § 490.45 — Criminal possession of a chemical weapon or biological weapon in the first 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 first degree

Full text of N.Y. Penal Law § 490.45

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 § 490.45Primary source, current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)

490.45 Criminal possession of a chemical weapon or biological weapon 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.

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 first degree in New York?

Criminal possession of a chemical weapon or biological weapon in the first degree is a Class A-I Felony in New York under N.Y. Penal Law § 490.45.

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

Criminal possession of a chemical weapon or biological weapon in the first degree is governed by N.Y. Penal Law § 490.45 (Criminal possession of a chemical weapon or biological weapon in the first degree).

This reference is informational and is not legal advice.