NY Penal Law § 490.55: Criminal Use of a Chemical Weapon or Biological Weapon in the First Degree

New York Penal Law § 490.55 criminalizes the intentional use of a chemical weapon or biological weapon, with the intent to cause death, serious physical injury, or substantial physical harm to a person, animal, or group of people. The use of these weapons is considered a severe threat to public safety, and the statute imposes harsh penalties for those convicted.

The term "chemical weapon" refers to any toxic chemical or its precursors that can cause harm to humans, animals, or the environment. Some examples of chemical weapons include mustard gas, chlorine, and nerve agents such as VX and Sarin.

The term "biological weapon" refers to any microorganism, virus, or biological agent that can cause harm to humans, animals, or plants. Examples of biological weapons include anthrax, botulinum toxin, and smallpox.

In determining the defendant's intent, the court may consider several factors, including the circumstances surrounding the use of the weapon, the defendant's conduct before, during, and after the offense, and any statements made by the defendant regarding their intentions.

Defending against charges under New York Penal Law § 490.55 can be challenging, and it is essential to seek the assistance of an experienced New York criminal lawyer. Your attorney can examine the evidence presented against you, evaluate the strength of the prosecutor's case, and help you understand the charges against you.

1. People v. Haddad, 108 A.D.3d 674 (2d Dept. 2013). In this case, the defendant was charged with, among other things, violating New York Penal Law § 490.55 by possessing a large amount of chemicals and laboratory equipment that could be used to make a biological weapon. The court upheld the defendant's conviction, finding that the evidence presented at trial was sufficient to establish that the defendant had the intent to use the chemicals and equipment to make a weapon.

2. People v. Crawford, 98 A.D.3d 872 (2d Dept. 2012). The defendant in this case was charged with, among other things, violating New York Penal Law § 490.55 by possessing and attempting to use a chemical weapon. The court upheld the defendant's conviction, finding that the evidence presented at trial was sufficient to establish that the defendant had the intent to use the chemical as a weapon.

1. Criminal possession of a chemical weapon or biological weapon in the third degree. New York Penal Law section 490.37
2. Criminal possession of a chemical weapon or biological weapon in the second degree. New York Penal Law section 490.40
3. Criminal possession of a chemical weapon or biological weapon in the first degree. New York Penal Law section 490.45
4. Criminal use of a chemical weapon or biological weapon in third degree. New York Penal Law section 490.47
5. Criminal use of a chemical weapon or biological weapon in the second degree. New York Penal Law section 490.50

New York Penal Law § 490.55, which criminalizes the criminal use of a chemical weapon or biological weapon in the first degree, is a class A-I felony. The sentence for this offense includes a minimum of 15 years and a maximum of life 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 use of a chemical weapon or biological weapon in the first degree when:

1. with intent to:
   1. cause serious physical injury to, or the death of, another person; and
   2. intimidate or coerce a civilian population;
      1. influence the policy of a unit of government by intimidation or coercion; or
      2. 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.

If you are charged with Criminal Use of a Chemical Weapon or Biological Weapon in the First Degree under New York Penal Law § 490.55, you could face a class A-I felony charge, which carries a maximum sentence of life imprisonment without parole and a fine of up to $100,000. It is critical to seek the help of an experienced New York criminal lawyer immediately who will work closely with you to protect your rights and interests throughout the legal proceedings. 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: Nassau County, Queens, Bronx, Brooklyn, Long Island, Manhattan, Staten Island, Suffolk County, and Westchester County.