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New York statute

N.Y. Penal Law § 490.47 — Criminal use of a chemical weapon or biological weapon in the third 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

Full text of N.Y. Penal Law § 490.47

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 § 490.47Primary source, current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
490.47 Criminal use of a chemical weapon or biological weapon in the third degree. A person is guilty of criminal use of a chemical weapon or biological weapon in the third degree when, under circumstances evincing a depraved indifference to human life, he or she uses, deploys, releases, or causes to be used, deployed, or released any select chemical agent or select biological agent, and thereby creates a grave risk of death or serious physical injury to another person not a participant in the crime. Criminal use of a chemical weapon or biological weapon in the third degree is a class B felony.

Official sources

Legal terms used in this section

Questions this section answers

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

Criminal use of a chemical weapon or biological weapon in the third degree is a Class B Felony in New York under N.Y. Penal Law § 490.47.

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

Criminal use of a chemical weapon or biological weapon in the third degree is governed by N.Y. Penal Law § 490.47 (Criminal use of a chemical weapon or biological weapon in the third degree).

This reference is informational and is not legal advice.