(A) A person is guilty of criminal possession of noxious substance when he or she possesses such substance under circumstances evincing an intent unlawfully to use or cause it to be used to inflict injury upon or to cause annoyance to a person, or to damage property of another, or to disturb the public peace.
(B) Criminal possession of a noxious substance is a Class B misdemeanor.
(KRS 512.060) (1980 Code, § 1020.4-5)