CJI2d[NY] Penal Law § 490.40(2)

The (specify) count is Criminal Possession of a Chemical Weapon or Biological Weapon in the Second Degree.

Under our law, a person is guilty of Criminal Possession of a Chemical Weapon or Biological Weapon in the Second Degree when he or she possesses

Select the appropriate alternative:

any chemical weapon [or]

any biological weapon

with intent to use such weapon to cause serious physical injury to, or the death of, more than two persons.

The following terms used in that definition have a special meaning:

POSSESS means to have physical possession or otherwise to exercise dominion or control over tangible property.¹

[CHEMICAL WEAPON means the following, together or separately:

a toxic chemical² or its precursors³;

a munition or device specifically designed to cause death or other harm through the toxic properties of a toxic chemical or its precursors, which would be released as a result of the employment of such munition or device;

any equipment specifically designed for use directly in connection with the employment of munitions or devices; or

any device that is designed to release radiation or radioactivity at a level dangerous to human life]

[BIOLOGICAL WEAPON means any biological agent⁴, toxin⁵, vector⁶, or delivery system⁷ or combination thereof]

INTENT means conscious objective or purpose.⁸ Thus, a person acts with intent to use a

Select the appropriate alternative(s):

any chemical weapon [or]

any biological weapon weapon to cause serious physical injury to, or the death of, another person when his or her conscious objective or purpose is to do so.

SERIOUS PHYSICAL INJURY means impairment of a person’s physical condition which creates a substantial risk of death or which causes death or serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.⁹

In order for you to find the defendant guilty of this crime, the People are required to prove, from all the evidence in the case, beyond a reasonable doubt, both of the following two elements:

1. That on or about (date) , in the county of (county) , the defendant, (defendant's name) possessed a

Select the appropriate alternative(s):

any chemical weapon [or]

any biological weapon weapon; and

2. That the defendant did so with the intent to use such weapon to cause serious physical injury to, or the death of, more than two persons.

If you find the People have proven beyond a reasonable doubt both of those elements, you must find the defendant guilty of this crime.

If you find the People have not proven beyond a reasonable doubt either one or both of those elements, you must find the defendant not guilty of this crime.