CJI2d[NY] Penal Law § 490.45(2)

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

Under our law, a person is guilty of Criminal Possession of a Chemical Weapon or Biological Weapon in the First Degree when he or she possesses any select chemical agent with intent to use such agent to cause serious physical injury to, or the death of, more than two other 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

SELECT CHEMICAL AGENT means an identified chemical weapon, including (specify).²

INTENT means conscious objective or purpose.³ Thus, a person acts with intent to use any select chemical agent to cause serious physical injury to, or the death of, more than two other persons 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.⁴

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 any select chemical agent; and

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