Statute:

Criminal possession of a chemical weapon or biological weapon in the second degree

ยง 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.

PEN 490.40 2014-09-22

Criminal Jury Instruction Links:



CRIMINAL POSSESSION OF A CHEMICAL OR BIOLOGICAL WEAPON 2 - PL 490.40(1)
CRIMINAL POSSESSION OF A CHEMICAL OR BIOLOGICAL WEAPON 2 - PL 490.40(2)

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