(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;
he or she uses, deploys, releases, or causes to be used, deployed, or
released any select chemical agent and thereby causes serious physical
injury to, or the death of, another person who is not a participant in
the crime.
2. with intent to cause serious physical injury to, or the death of,
more than two persons, he or she uses, deploys, releases, or causes to
be used, deployed, or released any select chemical agent and thereby
causes serious physical injury to, or the death of, more than two
persons who are not participants in the crime; or
3. with intent to cause serious physical injury to, or the death of,
another person, he or she uses, deploys, releases, or causes to be used,
deployed, or released any select biological agent and thereby causes
serious physical injury to, or the death of, another person who is not a
participant in the crime.
Criminal use of a chemical weapon or biological weapon in the first
degree is a class A-I felony.
Structure New York Laws
Part 4 - Administrative Provisions
Title Y-1 - Enacted Without Title Heading.
490.00 - Legislative Findings.
490.01 - Liability Protection.
490.10 - Soliciting or Providing Support for an Act of Terrorism in the Second Degree.
490.15 - Soliciting or Providing Support for an Act of Terrorism in the First Degree.
490.20 - Making a Terroristic Threat.
490.27 - Domestic Act of Terrorism Motivated by Hate in the Second Degree.
490.28 - Domestic Act of Terrorism Motivated by Hate in the First Degree.
490.30 - Hindering Prosecution of Terrorism in the Second Degree.
490.35 - Hindering Prosecution of Terrorism in the First Degree.
490.37 - Criminal Possession of a Chemical Weapon or Biological Weapon in the Third Degree.
490.40 - Criminal Possession of a Chemical Weapon or Biological Weapon in the Second Degree.
490.45 - Criminal Possession of a Chemical Weapon or Biological Weapon in the First Degree.
490.47 - Criminal Use of a Chemical Weapon or Biological Weapon in the Third Degree.
490.50 - Criminal Use of a Chemical Weapon or Biological Weapon in the Second Degree.
490.55 - Criminal Use of a Chemical Weapon or Biological Weapon in the First Degree.