New York criminal charge
Criminal use of a chemical weapon or biological weapon in the second degree in New York
Criminal use of a chemical weapon or biological weapon in the second degree is a Class A-II Felony under New York criminal law, defined by N.Y. Penal Law § 490.50. As a Class A-II Felony, it is punishable within the statutory sentencing range New York sets for that offense class. New York classifies offenses as felonies (classes A-I and A-II through E), misdemeanors (classes A and B, plus unclassified), violations, and traffic infractions — and a violation or traffic infraction is not a crime (N.Y. Penal Law § 10.00(6); N.Y. Vehicle & Traffic Law § 155). Felony sentences divide into indeterminate and determinate schemes depending on the offense (N.Y. Penal Law §§ 70.00, 70.02).
Defined by N.Y. Penal Law § 490.50.
What is the penalty for criminal use of a chemical weapon or biological weapon in the second degree in New York?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | indeterminate sentence with a maximum of life imprisonment (PEN 70.00(2)(a)); minimum period 3 years to 8 years 4 months (PEN 70.00(3)(a)(ii); predatory sexual assault 10–25 years); class A-II drug felonies sentence under PEN 70.71 instead | mandatory | N.Y. Penal Law § 70.00 |
| Fine | up to $5,000 (or up to double the defendant's gain from the crime (PEN 80.00(1)); does not apply to corporations (PEN 80.00(4), 80.10)) | discretionary | N.Y. Penal Law § 70.00 |
Applies to current.
Common questions about criminal use of a chemical weapon or biological weapon in the second degree in New York
What class of felony is criminal use of a chemical weapon or biological weapon in the second degree in New York?
Criminal use of a chemical weapon or biological weapon in the second degree is a Class A-II Felony in New York under N.Y. Penal Law § 490.50.
What are the penalties for criminal use of a chemical weapon or biological weapon in the second degree in New York?
As a Class A-II Felony, criminal use of a chemical weapon or biological weapon in the second degree carries indeterminate sentence with a maximum of life imprisonment (PEN 70.00(2)(a)); minimum period 3 years to 8 years 4 months (PEN 70.00(3)(a)(ii); predatory sexual assault 10–25 years); class A-II drug felonies sentence under PEN 70.71 instead of incarceration and a fine of up to $5,000 (the maximum authorized for the class) under N.Y. Penal Law § 70.00 (current).
Which New York statute covers criminal use of a chemical weapon or biological weapon in the second degree?
Criminal use of a chemical weapon or biological weapon in the second degree is governed by N.Y. Penal Law § 490.50 (Criminal use of a chemical weapon or biological weapon in the second degree).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.