New York Penal Law § 490.37: Criminal Possession of a Chemical Weapon or Biological Weapon in the Third Degree

New York Penal Law § 490.37 criminalizes the possession of a chemical weapon or biological weapon in the third degree. Specifically, a person is guilty of this offense when they possess any select chemical agent or select biological agent with the intent to use such weapon to cause serious physical injury or death to another person.

The statute defines select chemical agents and select biological agents as those that have the potential to cause death, serious physical injury, or substantial incapacitation, and that are not otherwise readily available to the general public with a legitimate purpose. These agents can include, but are not limited to, toxins, poisons, and infectious agents.

The purpose of this statute is to protect public safety by preventing the possession of weapons that have the potential to cause mass destruction and harm to individuals. The statute targets individuals who possess such weapons with the intent to use them to cause serious harm to others. It does not apply to individuals who possess select chemical or biological agents for legitimate purposes, such as scientific research or medical treatment.

1. People v. Kim, 141 A.D.3d 960 (2d Dep't 2016). The defendant in this case was charged with criminal possession of a chemical weapon or biological weapon in the third degree for possessing sodium azide, a toxic chemical used in airbags. The court held that the evidence was legally sufficient to support his conviction, and rejected his claim that the statute was unconstitutionally vague.

2. People v. Bellamy, 83 A.D.3d 590 (1st Dep't 2011). In this case, the defendant was convicted of criminal possession of a chemical weapon or biological weapon in the third degree for possessing castor beans, which can be used to manufacture ricin. The defendant argued that the statute was unconstitutional because it did not require proof of a specific intent to use the chemical as a weapon, but the court upheld his conviction and rejected his argument.

1. Criminal possession of a chemical weapon or biological weapon in the second degree. New York Penal Law section 490.40
2. Criminal possession of a chemical weapon or biological weapon in the first degree. New York Penal Law section 490.45
3. Criminal use of a chemical weapon or biological weapon in third degree. New York Penal Law section 490.47
4. Criminal use of a chemical weapon or biological weapon in second degree. New York Penal Law section 490.50
5. Criminal use of a chemical weapon or biological weapon in first degree. New York Penal Law section 490.55

New York Penal Law § 490.37, which criminalizes the criminal possession of a chemical weapon or biological weapon in the first degree, is a class B felony. The sentence for this offense includes a minimum of 5 years and a maximum of 25 years in prison, along with a possible fine of up to $5 million for individuals and $10 million for organizations.

A person is guilty of criminal possession of a chemical weapon or biological weapon in the third degree when he or she possesses any select chemical agent or select biological agent under circumstances evincing an intent by the defendant to use such weapon to cause serious physical injury or death to another person. Criminal possession of a chemical weapon or biological weapon in the third degree is a class C felony.

I If you are charged under New York Penal Law § 490.37, it is crucial to take the situation seriously and seek legal counsel immediately. Being charged with criminal possession of a chemical weapon or biological weapon in the third degree is a serious offense that carries severe penalties, including imprisonment and hefty fines. An experienced New York criminal lawyer can review the details of your case, including the evidence against you, and advise you on your legal options. They will also work to develop a strong defense strategy that seeks to minimize the charges against you or get them dropped entirely. Contact Stephen Bilkis & Associates at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Manhattan, Nassau County, Queens, Staten Island, Bronx, Brooklyn, Long Island, Suffolk County, and Westchester County.