§ 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.