N.Y. Penal Law § 490.40 (2026)

§ 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.