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; (b) influence the policy of a unit of government by intimidation or coercion; or (c) 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.
New York Legal Code