N.Y. Penal Law § 490.50

§ 490.50 Criminal use of a chemical weapon or biological weapon in the\n second degree.\n A person is guilty of criminal use of a chemical weapon or biological\nweapon in the second degree when he or she uses, deploys, releases, or\ncauses to be used, deployed, or released, any chemical weapon or\nbiological weapon, with intent to:\n 1. cause serious physical injury to, or the death of, another person;\nand\n 2. (a) intimidate or coerce a civilian population;\n (b) influence the policy of a unit of government by intimidation or\ncoercion; or\n (c) to affect the conduct of a unit of government by murder,\nassassination, or kidnapping.\n Criminal use of a chemical weapon or biological weapon in the second\ndegree is a class A-II felony.\n