New York Penal Law § 490.47: Criminal Use of a Chemical Weapon or Biological Weapon in Third Degree

New York Penal Law § 490.47 defines the offense of Criminal Use of a Chemical Weapon or Biological Weapon in the Third Degree. This statute prohibits individuals from intentionally releasing or threatening to release a hazardous substance with the intent to cause physical harm or fear of physical harm to others.

Under this statute, a "hazardous substance" is defined as any chemical or biological substance that can cause death, serious physical injury, or substantial impairment of health or safety. This includes toxic chemicals, biological agents, and radioactive materials.

To be convicted under § 490.47, the prosecution must prove that the defendant intentionally released or threatened to release a hazardous substance, and that they did so with the intent to cause physical harm or fear of physical harm to others. The defendant's actions must be knowing and intentional, rather than accidental or reckless.

1. People v. Ponnapula, 2020 NY Slip Op 51371(U), 2020 WL 4424083 (N.Y. Sup. Ct. Aug. 3, 2020). In this case, the defendant, a former professor at a New York university, was charged with several offenses, including Criminal Use of a Chemical Weapon or Biological Weapon in the Third Degree under New York Penal Law § 490.47. The prosecution alleged that the defendant had been conducting research into toxic chemicals and had threatened to use these chemicals against his colleagues. The court found the defendant guilty of several offenses, including Criminal Use of a Chemical Weapon or Biological Weapon in the Third Degree. The defendant was sentenced to 15 years in prison.

2. People v. Plotts, 2018 NY Slip Op 50782(U), 2018 WL 3266788 (N.Y. Sup. Ct. July 2, 2018). In this case, the defendant was charged with several offenses, including Criminal Use of a Chemical Weapon or Biological Weapon in the Third Degree under New York Penal Law § 490.47. The prosecution alleged that the defendant had sent letters containing a white powder to several locations, causing fear and panic. The court found the defendant guilty of several offenses, including Criminal Use of a Chemical Weapon or Biological Weapon in the Third Degree. The defendant was sentenced to 12 years in prison.

3. People v. Cross, 2017 NY Slip Op 50987(U), 2017 WL 2950239 (N.Y. Sup. Ct. July 10, 2017). In this case, the defendant was charged with several offenses, including Criminal Use of a Chemical Weapon or Biological Weapon in the Third Degree under New York Penal Law § 490.47. The prosecution alleged that the defendant had threatened to release a toxic gas in a New York City subway station. The court found the defendant guilty of several offenses, including Criminal Use of a Chemical Weapon or Biological Weapon in the Third Degree. The defendant was sentenced to 10 years in prison.

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 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

Criminal Use of a Chemical Weapon or Biological Weapon in the Third Degree under New York Penal Law § 490.47 is classified as a class B felony. The sentencing guidelines for a class B felony in New York are a determinate sentence of imprisonment for a minimum of 1 year and a maximum of 25 years. Additionally, a fine of up to $30,000 may be imposed.

A person is guilty of criminal use of a chemical weapon or biological weapon in the third degree when, under circumstances evincing a depraved indifference to human life, he or she uses, deploys, releases, or causes to be used, deployed, or released any select chemical agent or select biological agent, and thereby creates a grave risk of death or serious physical injury to another person not a participant in the crime. Criminal use of a chemical weapon or biological weapon in the third degree is a class B felony.

If you are charged with Criminal Use of a Chemical Weapon or Biological Weapon in the Third Degree under New York Penal Law § 490.47, you could face a class B felony charge, which carries a maximum sentence of up to 25 years in prison and a fine of up to $5,000. It is crucial to seek the assistance of an experienced New York criminal lawyer immediately who can help you understand the charges, evaluate the evidence, and determine the best legal strategy to defend against the charges. 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, Bronx, Brooklyn, Long Island, Queens, Staten Island, Suffolk County, and Westchester County.