NYSentencing

§ 490.40 Criminal  possession  of a chemical weapon or biological weapon
           in the second degree.
  A person is guilty of criminal possession  of  a  chemical  weapon  or
biological  weapon  in  the  second  degree when he or she possesses any
chemical weapon or biological weapon with intent to use such weapon to:
  1. (a) cause serious physical injury to,  or  the  death  of,  another
person; and
  (b) (i) intimidate or coerce a civilian population;
  (ii)  influence  the policy of a unit of government by intimidation or
coercion; or
  (iii)  affect  the  conduct  of  a  unit  of  government  by   murder,
assassination, or kidnapping.
  2.  cause  serious  physical injury to, or the death of, more than two
persons.
  Criminal possession of a chemical weapon or biological weapon  in  the
second degree is a class B felony.
with Argument