N.Y. Penal Law § 490.55

§ 490.55 Criminal use of a chemical weapon or biological weapon in the\n first degree.\n A person is guilty of criminal use of a chemical weapon or biological\nweapon in the first degree when:\n 1. with intent to:\n (a) cause serious physical injury to, or the death of, another person;\nand\n (b) (i) intimidate or coerce a civilian population;\n (ii) influence the policy of a unit of government by intimidation or\ncoercion; or\n (iii) affect the conduct of a unit of government by murder,\nassassination, or kidnapping;\nhe or she uses, deploys, releases, or causes to be used, deployed, or\nreleased any select chemical agent and thereby causes serious physical\ninjury to, or the death of, another person who is not a participant in\nthe crime.\n 2. with intent to cause serious physical injury to, or the death of,\nmore than two persons, he or she uses, deploys, releases, or causes to\nbe used, deployed, or released any select chemical agent and thereby\ncauses serious physical injury to, or the death of, more than two\npersons who are not participants in the crime; or\n 3. with intent to cause serious physical injury to, or the death of,\nanother person, he or she uses, deploys, releases, or causes to be used,\ndeployed, or released any select biological agent and thereby causes\nserious physical injury to, or the death of, another person who is not a\nparticipant in the crime.\n Criminal use of a chemical weapon or biological weapon in the first\ndegree is a class A-I felony.\n