NYSentencing

§ 490.55 Criminal  use  of a chemical weapon or biological weapon in the
           first degree.
  A person is guilty of criminal use of a chemical weapon or  biological
weapon in the first degree when:
  1. with intent to:
  (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;
he  or  she  uses, deploys, releases, or causes to be used, deployed, or
released any select chemical agent and thereby causes  serious  physical
injury  to,  or the death of, another person who is not a participant in
the crime.
  2. with intent to cause serious physical injury to, or the  death  of,
more  than  two persons, he or she uses, deploys, releases, or causes to
be used, deployed, or released any select  chemical  agent  and  thereby
causes  serious  physical  injury  to,  or  the  death of, more than two
persons who are not participants in the crime; or
  3. with intent to cause serious physical injury to, or the  death  of,
another person, he or she uses, deploys, releases, or causes to be used,
deployed,  or  released  any  select biological agent and thereby causes
serious physical injury to, or the death of, another person who is not a
participant in the crime.
  Criminal use of a chemical weapon or biological weapon  in  the  first
degree is a class A-I felony.
with Argument