NYSentencing

§ 490.50 Criminal  use  of a chemical weapon or biological weapon in the
           second degree.
  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.
with Argument