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. 1.

   1. (a) cause serious physical injury to, or the death of, another person; and

   2. (b)

      1. (i) intimidate or coerce a civilian population;
      2. (ii) influence the policy of a unit of government by intimidation or coercion; or
      3. (iii) affect the conduct of a unit of government by murder, assassination, or kidnapping.
2. 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.