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New York statute

N.Y. Penal Law § 490.37 — Criminal possession of a chemical weapon or biological weapon in the third degree

Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)

Part of Article 490: Terrorism, New York Penal Law.

Criminal charges under this statute

Full text of N.Y. Penal Law § 490.37

Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.

N.Y. Penal Law § 490.37Primary source, current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
490.37 Criminal possession of a chemical weapon or biological weapon in the third degree. A person is guilty of criminal possession of a chemical weapon or biological weapon in the third degree when he or she possesses any select chemical agent or select biological agent under circumstances evincing an intent by the defendant to use such weapon to cause serious physical injury or death to another person. Criminal possession of a chemical weapon or biological weapon in the third degree is a class C felony.

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Legal terms used in this section

Questions this section answers

What class of felony is criminal possession of a chemical weapon or biological weapon in the third degree in New York?

Criminal possession of a chemical weapon or biological weapon in the third degree is a Class C Felony in New York under N.Y. Penal Law § 490.37.

Which New York statute covers criminal possession of a chemical weapon or biological weapon in the third degree?

Criminal possession of a chemical weapon or biological weapon in the third degree is governed by N.Y. Penal Law § 490.37 (Criminal possession of a chemical weapon or biological weapon in the third degree).

This reference is informational and is not legal advice.