NY Penal Law § 490.50: Criminal Use of a Chemical Weapon or Biological Weapon in the Second Degree

New York Penal Law § 490.50 criminalizes the use of a chemical or biological weapon in the second degree. A person is guilty of this offense when they intentionally use or attempt to use a chemical or biological weapon that causes physical injury to another person or multiple people, or if they intentionally use or attempt to use a chemical or biological weapon with the intent to cause death to another person or multiple people.

The statute defines "chemical weapon" as a device or substance that is specifically designed to cause death or serious physical injury through its toxic properties, such as nerve agents or mustard gas. "Biological weapon" is defined as a microorganism, virus, bacterium, or toxin that can cause death or serious physical injury to humans, animals, or plants.

Criminal use of a chemical weapon or biological weapon in the second degree is classified as a class A-II felony in New York, which is one of the most severe offenses in the state. If convicted, the offender could face a lengthy prison sentence of up to life imprisonment.

The severity of the penalties for this offense highlights the significant danger and threat that chemical and biological weapons pose to public safety. The use of such weapons can cause widespread panic and harm, making it essential for law enforcement authorities to take swift action against individuals who engage in such conduct.

People v. Scott, 76 A.D.3d 198 (N.Y. App. Div. 2010): In this case, the defendant was convicted of multiple offenses, including Criminal Use of a Chemical Weapon or Biological Weapon in the Second Degree under New York Penal Law § 490.50. The defendant had sprayed a caustic substance on several individuals during a robbery attempt. On appeal, the defendant challenged the sufficiency of the evidence to support his conviction under § 490.50. The court held that the evidence was sufficient to establish that the defendant used a caustic substance as a weapon, and that the substance was capable of causing serious physical injury. The court upheld the defendant's conviction under § 490.50.

People v. O'Bryant, 153 A.D.3d 506 (N.Y. App. Div. 2017): In this case, the defendant was charged with multiple offenses, including Criminal Use of a Chemical Weapon or Biological Weapon in the Second Degree under New York Penal Law § 490.50. The defendant had thrown bleach on a woman's face during an argument. The defendant argued that the bleach was not a chemical weapon or biological weapon under § 490.50 because it was not capable of causing death or serious physical injury. The court rejected this argument and held that the bleach was a caustic substance that was capable of causing serious physical injury, and therefore fell within the definition of a chemical weapon or biological weapon under § 490.50. The court upheld the defendant's conviction under § 490.50.

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 the third degree. New York Penal Law section 490.47
5. Criminal use of a chemical weapon or biological weapon in the first degree. New York Penal Law section 490.55

Criminal Use of a Chemical Weapon or Biological Weapon in the Second Degree under New York Penal Law § 490.50 is a class A-II felony. The sentence for this offense is a determinate sentence of imprisonment for a minimum of 10 years and a maximum of 25 years, with a mandatory minimum period of post-release supervision of 5 years. Additionally, the court may impose a fine of up to $500,000 or twice the gain from the offense, whichever is greater.

A person is guilty of criminal use of a chemical weapon or biological weapon in the second degree when he or she uses, deploys, releases, or. causes to be used, deployed, or released, any chemical weapon or biological weapon, with intent to:

1. cause serious physical injury to, or the death of, another person; and
2. (a) intimidate or coerce a civilian population;
   1. influence the policy of a unit of government by intimidation or coercion; or
   2. to affect the conduct of a unit of government by murder, assassination, or kidnapping.

Criminal use of a chemical weapon or biological weapon in the second degree is a class A-II felony.

If you are charged with Criminal Use of a Chemical Weapon or Biological Weapon in the Second Degree under New York Penal Law § 490.50, you could face a class A-II felony charge, which carries a maximum sentence of up to life imprisonment and a fine of up to $50,000. It is highly recommended to consult with a skilled New York criminal lawyer as soon as possible if you are charged with a criminal offense related to chemical or biological weapons. An experienced attorney can assist you in comprehending the charges, assessing the evidence against you, and devising an effective legal strategy to defend against the charges. Collaborating closely with your New York criminal lawyer is crucial to safeguarding your rights and liberties throughout the legal process, and to ensuring the best possible outcome in your case. 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, Bronx, Brooklyn, Long Island, Nassau County, Queens, Staten Island, Suffolk County, and Westchester County.