71-2714 - Endangering public health, safety or the environment in the first degree. - New York Statutes

§ 71-2714. Endangering public health, safety or the environment in the first degree. A person is guilty of endangering public health, safety or the environment in the first degree when: 1. He intentionally engages in conduct which causes the release of a substance acutely hazardous to public health, safety or the environment or the release of a substance which at the time of the conduct he knows to meet any of the criteria set forth in paragraph (b) of subdivision one of section 37-0103 of this chapter when he is aware that such conduct creates a substantial risk of serious physical injury to any person who is not a participant in the crime; or 2. He knowingly engages in conduct which causes the release of a substance acutely hazardous to public health, safety or the environment or the release of a substance which at the time of the conduct he knows to meet any of the criteria set forth in paragraph (b) of subdivision one of section 37-0103 of this chapter and such release causes physical injury to any person who is not a participant in the crime. Endangering public health, safety or the environment in the first degree is a class C felony.