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Consolidated Laws of New York's Penal code

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Article 120 - NY Penal Law

  Most Viewed Article  - PEN Article 120 is the most viewed law article.

ASSAULT AND RELATED OFFENSES

Section Offense Class
120.00 Assault in the third degree. A MISD
120.01 Reckless assault of a child by a child day care provider. E FELONY
120.02 Reckless assault of a child. D FELONY
120.03 Vehicular assault in the second degree. E FELONY
120.04 Vehicular assault in the first degree. D FELONY
120.04-A Aggravated vehicular assault. C FELONY
120.05 Assault in the second degree. D FELONY
120.06 Gang assault in the second degree. C FELONY
120.07 Gang assault in the first degree. B FELONY
120.08 Assault on a peace officer, police officer, fireman or emergency medical services professional. C FELONY
120.09 Assault on a judge. C FELONY
120.10 Assault in the first degree. B FELONY
120.11 Aggravated assault upon a police officer or a peace officer. B FELONY
120.12 Aggravated assault upon a person less than eleven years old. E FELONY
120.13 Menacing in the first degree. E FELONY
120.14 Menacing in the second degree. A MISD
120.15 Menacing in the third degree. B MISD
120.16 Hazing in the first degree. A MISD
120.17 Hazing in the second degree. VIOLATION
120.18 Menacing a police officer or peace officer. D FELONY
120.20 Reckless endangerment in the second degree. A MISD
120.25 Reckless endangerment in the first degree. D FELONY
120.30 Promoting a suicide attempt. E FELONY
120.35 Promoting a suicide attempt; when punishable as attempt to commit murder.  
120.40 Definitions.
 
120.45 Stalking in the fourth degree. B MISD
120.50 Stalking in the third degree. A MISD
120.55 Stalking in the second degree. E FELONY
120.60 Stalking in the first degree. D FELONY
120.70 Luring a child. E FELONY
S 120.00 Assault in the third degree.
  A person is guilty of assault in the third degree when:
  1. With intent to cause physical injury to another person, he causes
such injury to such person or to a third person; or
  2. He recklessly causes physical injury to another person; or
  3. With criminal negligence, he causes physical injury to another
person by means of a deadly weapon or a dangerous instrument.
  Assault in the third degree is a class A misdemeanor.

S 120.01 Reckless assault of a child by a child day care provider.
  A person is guilty of reckless assault of a child when, being a child
day care provider or an employee thereof, he or she recklessly causes
serious physical injury to a child under the care of such provider or
employee who is less than eleven years of age.
Reckless assault of a child by a child day care provider is a class
E felony.

S 120.02 Reckless assault of a child.
  1.  A  person  is  guilty  of  reckless assault of a child when, being
eighteen years of age or more, such  person  recklessly  causes  serious
physical  injury  to  the  brain  of a child less than five years old by
shaking the child, or by slamming or throwing the child so as to  impact
the child's head on a hard surface or object.
  2.  For  purposes  of  subdivision  one of this section, the following
shall constitute "serious physical injury":
  a. "serious physical injury" as defined in subdivision ten of  section
10.00 of this chapter; or
  b. extreme rotational cranial acceleration and deceleration and one or
more  of  the  following:  (i)  subdural hemorrhaging; (ii) intracranial
hemorrhaging; or (iii) retinal hemorrhaging.
  Reckless assault of a child is a class D felony.

S 120.03 Vehicular assault in the second degree.
  A  person  is guilty of vehicular assault in the second degree when he
or she causes serious physical injury to another person, and either:
  (1) operates a motor vehicle in violation of subdivision  two,  three,
four  or  four-a of section eleven hundred ninety-two of the vehicle and
traffic law or operates a  vessel  or  public  vessel  in  violation  of
paragraph   (b),   (c),  (d)  or  (e)  of  subdivision  two  of  section
forty-nine-a of the navigation law, and as a result of such intoxication
or impairment by the use of a drug, or  by  the  combined  influence  of
drugs  or of alcohol and any drug or drugs, operates such motor vehicle,
vessel or public vessel in a manner that causes  such  serious  physical
injury to such other person, or
  (2)  operates  a  motor  vehicle with a gross vehicle weight rating of
more  than  eighteen  thousand  pounds  which  contains  flammable  gas,
radioactive  materials  or explosives in violation of subdivision one of
section eleven hundred ninety-two of the vehicle and  traffic  law,  and
such  flammable gas, radioactive materials or explosives is the cause of
such serious physical injury, and as a result of such impairment by  the
use of alcohol, operates such motor vehicle in a manner that causes such
serious physical injury to such other person, or
  (3) operates a snowmobile in violation of paragraph (b), (c) or (d) of
subdivision  one  of section 25.24 of the parks, recreation and historic
preservation law or operates  an  all  terrain  vehicle  as  defined  in
paragraph   (a)   of  subdivision  one  of  section  twenty-two  hundred
eighty-one  of  the  vehicle  and  traffic  law  and  in  violation   of
subdivision  two,  three,  four,  or  four-a  of  section eleven hundred
ninety-two of the vehicle and traffic law,  and  as  a  result  of  such
intoxication  or  impairment  by  the  use of a drug, or by the combined
influence of drugs or of alcohol and any drug or  drugs,  operates  such
snowmobile  or  all terrain vehicle in a manner that causes such serious
physical injury to such other person.
  If it is established that the person  operating  such  motor  vehicle,
vessel,  public  vessel,  snowmobile  or all terrain vehicle caused such
serious physical injury while unlawfully intoxicated or impaired by  the
use  of  alcohol or a drug, then there shall be a rebuttable presumption
that, as a result of such intoxication  or  impairment  by  the  use  of
alcohol  or  a drug, or by the combined influence of drugs or of alcohol
and any drug or drugs, such person operated the motor  vehicle,  vessel,
public vessel, snowmobile or all terrain vehicle in a manner that caused
such serious physical injury, as required by this section.
  Vehicular assault in the second degree is a class E felony.

S 120.04 Vehicular assault in the first degree.
 A person is guilty of vehicular assault in the first degree when he or
  she  commits  the  crime  of  vehicular  assault in the second degree as
  defined in section 120.03 of this article, and either:
    (1) commits such crime while operating  a  motor  vehicle  while  such
  person  has  .18  of one per centum or more by weight of alcohol in such
  person's blood as shown by chemical analysis  of  such  person's  blood,
  breath,  urine  or  saliva  made  pursuant  to the provisions of section
  eleven hundred ninety-four of the vehicle and traffic law;
    (2) commits such crime while knowing or having reason  to  know  that:
  (a)  his  or  her  license  or his or her privilege of operating a motor
  vehicle in another state or his or her privilege of obtaining a  license
  to  operate a motor vehicle in another state is suspended or revoked and
  such suspension or revocation is based upon a conviction in  such  other
  state for an offense which would, if committed in this state, constitute
  a  violation  of  any  of  the  provisions  of  section  eleven  hundred
  ninety-two of the vehicle and traffic law; or (b) his or her license  or
  his or her privilege of operating a motor vehicle in the state or his or
  her privilege of obtaining a license issued by the commissioner of motor
  vehicles  is  suspended  or revoked and such suspension or revocation is
  based upon either a refusal to submit to a  chemical  test  pursuant  to
  section  eleven  hundred  ninety-four  of the vehicle and traffic law or
  following a conviction for a violation  of  any  of  the  provisions  of
  section eleven hundred ninety-two of the vehicle and traffic law;
    (3)  has  previously been convicted of violating any of the provisions
  of section eleven hundred ninety-two of  the  vehicle  and  traffic  law
  within  the preceding ten years, provided that, for the purposes of this
  subdivision, a conviction in any other  state  or  jurisdiction  for  an
  offense  which, if committed in this state, would constitute a violation
  of section eleven hundred ninety-two of the  vehicle  and  traffic  law,
  shall be treated as a violation of such law;
    (4) causes serious physical injury to more than one other person;
    (5)  has  previously been convicted of violating any provision of this
  article or article one hundred twenty-five of this title  involving  the
  operation  of  a  motor  vehicle, or was convicted in any other state or
  jurisdiction of an offense involving the operation of  a  motor  vehicle
  which,  if committed in this state, would constitute a violation of this
  article or article one hundred twenty-five of this title; or
    (6) commits such crime while operating a motor vehicle while  a  child
  who is fifteen years of age or less is a passenger in such motor vehicle
  and causes serious physical injury to such child.
    If  it  is  established  that  the person operating such motor vehicle
  caused  such  serious  physical  injury  or  injuries  while  unlawfully
  intoxicated  or  impaired  by  the  use  of alcohol or a drug, or by the
  combined influence of drugs or of alcohol and any drug  or  drugs,  then
  there  shall  be  a  rebuttable  presumption  that,  as a result of such
  intoxication or impairment by the use of alcohol or a drug,  or  by  the
  combined  influence  of  drugs or of alcohol and any drug or drugs, such
  person operated the motor vehicle in a manner that caused  such  serious
  physical  injury  or  injuries,  as required by this section and section
  120.03 of this article.
  Vehicular assault in the first degree is a class D felony.

S 120.04-a Aggravated vehicular assault.
  A  person  is  guilty  of  aggravated vehicular assault when he or she
engages in reckless driving as defined by section twelve hundred  twelve
of  the  vehicle  and  traffic  law,  and commits the crime of vehicular
assault in the second degree  as  defined  in  section  120.03  of  this
article, and either:
  (1)  commits  such  crimes  while operating a motor vehicle while such
person has .18 of one per centum or more by weight of  alcohol  in  such
person's  blood  as  shown  by chemical analysis of such person's blood,
breath, urine or saliva made  pursuant  to  the  provisions  of  section
eleven hundred ninety-four of the vehicle and traffic law;
  (2)  commits  such crimes while knowing or having reason to know that:
(a) his or her license or his or her  privilege  of  operating  a  motor
vehicle  in another state or his or her privilege of obtaining a license
to operate a motor vehicle in another state is suspended or revoked  and
such  suspension  or revocation is based upon a conviction in such other
state for an offense which would, if committed in this state, constitute
a  violation  of  any  of  the  provisions  of  section  eleven  hundred
ninety-two  of the vehicle and traffic law; or (b) his or her license or
his or her privilege of operating a motor vehicle in this state  or  his
or  her  privilege  of obtaining a license issued by the commissioner of
motor vehicles is suspended or revoked and such suspension or revocation
is based upon either a refusal to submit to a chemical test pursuant  to
section  eleven  hundred  ninety-four  of the vehicle and traffic law or
following a conviction for a violation  of  any  of  the  provisions  of
section eleven hundred ninety-two of the vehicle and traffic law;
  (3)  has  previously been convicted of violating any of the provisions
of section eleven hundred ninety-two of  the  vehicle  and  traffic  law
within  the preceding ten years, provided that, for the purposes of this
subdivision, a conviction in any other  state  or  jurisdiction  for  an
offense  which, if committed in this state, would constitute a violation
of section eleven hundred ninety-two of the  vehicle  and  traffic  law,
shall be treated as a violation of such law;
  (4) causes serious physical injury to more than one other person;
  (5)  has  previously been convicted of violating any provision of this
article or article one hundred twenty-five of this title  involving  the
operation  of  a  motor  vehicle, or was convicted in any other state or
jurisdiction of an offense involving the operation of  a  motor  vehicle
which,  if committed in this state, would constitute a violation of this
article or article one hundred twenty-five of this title; or
  (6) commits such crime while operating a motor vehicle while  a  child
who is fifteen years of age or less is a passenger in such motor vehicle
and causes serious physical injury to such child.
  If  it  is  established  that  the person operating such motor vehicle
caused  such  serious  physical  injury  or  injuries  while  unlawfully
intoxicated  or  impaired  by  the  use  of alcohol or a drug, or by the
combined influence of drugs or of alcohol and any drug  or  drugs,  then
there  shall  be  a  rebuttable  presumption  that,  as a result of such
intoxication or impairment by the use of alcohol or a drug,  or  by  the
combined  influence  of  drugs or of alcohol and any drug or drugs, such
person operated the motor vehicle in a manner that caused  such  serious
physical  injury  or  injuries,  as required by this section and section
120.03 of this article.
   Aggravated vehicular assault is a class C felony.

S 120.05 Assault in the second degree.
  A person is guilty of assault in the second degree when:
  1.  With intent to cause serious physical injury to another person, he
causes such injury to such person or to a third person; or
  2. With intent to cause physical injury to another person,  he  causes
such  injury  to  such  person or to a third person by means of a deadly
weapon or a dangerous instrument; or
  * 3. With intent  to  prevent  a  peace  officer,  a  police  officer,
prosecutor  as  defined in subdivision thirty-one of section 1.20 of the
criminal procedure law,  registered  nurse,  licensed  practical  nurse,
sanitation  enforcement  agent,  New  York  city  sanitation  worker,  a
firefighter, including a firefighter acting as a paramedic or  emergency
medical  technician administering first aid in the course of performance
of duty as such firefighter, an emergency medical service  paramedic  or
emergency medical service technician, or medical or related personnel in
a hospital emergency department, a city marshal, a school crossing guard
appointed  pursuant  to  section  two  hundred  eight-a  of  the general
municipal law, a traffic  enforcement  officer  or  traffic  enforcement
agent,  from  performing  a lawful duty, by means including releasing or
failing to control an animal under circumstances  evincing  the  actor's
intent  that  the  animal  obstruct  the  lawful  activity of such peace
officer, police officer, prosecutor as defined in subdivision thirty-one
of section  1.20  of  the  criminal  procedure  law,  registered  nurse,
licensed  practical  nurse,  sanitation enforcement agent, New York city
sanitation worker, firefighter,  paramedic,  technician,  city  marshal,
school  crossing guard appointed pursuant to section two hundred eight-a
of the general municipal law, traffic  enforcement  officer  or  traffic
enforcement  agent,  he  or  she  causes  physical  injury to such peace
officer, police officer, prosecutor as defined in subdivision thirty-one
of section  1.20  of  the  criminal  procedure  law,  registered  nurse,
licensed  practical  nurse,  sanitation enforcement agent, New York city
sanitation worker, firefighter,  paramedic,  technician  or  medical  or
related  personnel  in  a  hospital  emergency department, city marshal,
school  crossing  guard,  traffic   enforcement   officer   or   traffic
enforcement agent; or
  * NB Effective until November 1, 2016
  * 3.  With  intent  to  prevent  a  peace  officer,  a police officer,
prosecutor as defined in subdivision thirty-one of section 1.20  of  the
criminal  procedure  law,  registered  nurse,  licensed practical nurse,
public health  sanitarian,  New  York  city  public  health  sanitarian,
sanitation  enforcement  agent,  New  York  city  sanitation  worker,  a
firefighter, including a firefighter acting as a paramedic or  emergency
medical  technician administering first aid in the course of performance
of duty as such firefighter, an emergency medical service  paramedic  or
emergency medical service technician, or medical or related personnel in
a hospital emergency department, a city marshal, a school crossing guard
appointed  pursuant  to  section  two  hundred  eight-a  of  the general
municipal law, a traffic  enforcement  officer  or  traffic  enforcement
agent,  from  performing  a lawful duty, by means including releasing or
failing to control an animal under circumstances  evincing  the  actor's
intent  that  the  animal  obstruct  the  lawful  activity of such peace
officer, police officer, prosecutor as defined in subdivision thirty-one
of section  1.20  of  the  criminal  procedure  law,  registered  nurse,
licensed practical nurse, public health sanitarian, New York city public
health   sanitarian,   sanitation   enforcement  agent,  New  York  city
sanitation worker, firefighter,  paramedic,  technician,  city  marshal,
school  crossing guard appointed pursuant to section two hundred eight-a
of the general municipal law, traffic  enforcement  officer  or  traffic
enforcement  agent,  he  or  she  causes  physical  injury to such peace
officer, police officer, prosecutor as defined in subdivision thirty-one
of section  1.20  of  the  criminal  procedure  law,  registered  nurse,
licensed practical nurse, public health sanitarian, New York city public
health   sanitarian,   sanitation   enforcement  agent,  New  York  city
sanitation worker, firefighter,  paramedic,  technician  or  medical  or
related  personnel  in  a  hospital  emergency department, city marshal,
school  crossing  guard,  traffic   enforcement   officer   or   traffic
enforcement agent; or
  * NB Effective November 1, 2016
  3-a.  With  intent  to  prevent an employee of a local social services
district directly involved in investigation of or  response  to  alleged
abuse  or  neglect  of  a  child,  a  vulnerable  elderly  person  or an
incompetent  or  physically  disabled  person,  from   performing   such
investigation  or  response, the actor, not being such child, vulnerable
elderly person or incompetent or physically  disabled  person,  or  with
intent  to  prevent  an  employee  of  a  local social services district
directly  involved  in  providing  public  assistance  and   care   from
performing  his  or  her  job,  causes  physical injury to such employee
including by means of releasing or failing to control  an  animal  under
circumstances  evincing  the actor's intent that the animal obstruct the
lawful activities of such employee; or
  3-b. With intent to prevent an employee of the New York  city  housing
authority  from  performing  his  or  her lawful duties while located on
housing project grounds, real property, or a building owned, managed, or
operated by such authority he or she  causes  physical  injury  to  such
employee; or
  * 3-c.  With  intent  to  prevent an employee providing direct patient
care, who is not a nurse pursuant to title eight of the  education  law,
whose principal employment responsibility is to carry out direct patient
care for one or more patients in any hospital, nursing home, residential
health  care facility, general hospital, government agency including any
chronic disease hospital,  maternity  hospital,  outpatient  department,
emergency  center  or  surgical center under article twenty-eight of the
public health law, from performing a  lawful  duty,  he  or  she  causes
physical injury to such employee providing direct patient care; or
  * NB Effective November 1, 2016
  4.  He  recklessly causes serious physical injury to another person by
means of a deadly weapon or a dangerous instrument; or
  4-a. He recklessly causes physical injury to another person who  is  a
child  under  the age of eighteen by intentional discharge of a firearm,
rifle or shotgun; or
  5. For a purpose other than lawful medical or  therapeutic  treatment,
he  intentionally  causes  stupor,  unconsciousness  or  other  physical
impairment or injury to another person by administering to him,  without
his  consent,  a drug, substance or preparation capable of producing the
same; or
  6. In the course of and in furtherance of the commission or  attempted
commission  of  a  felony,  other  than  a felony defined in article one
hundred thirty  which  requires  corroboration  for  conviction,  or  of
immediate  flight therefrom, he, or another participant if there be any,
causes physical injury to a person other than one of  the  participants;
or
  7. Having been charged with or convicted of a crime and while confined
in  a  correctional facility, as defined in subdivision three of section
forty of the correction law, pursuant to such charge or conviction, with
intent to cause physical injury to another person, he causes such injury
to such person or to a third person; or
  8. Being eighteen years old or more and with intent to cause  physical
injury  to a person less than eleven years old, the defendant recklessly
causes serious physical injury to such person; or
  9.  Being eighteen years old or more and with intent to cause physical
injury to a person less than seven years old, the defendant causes  such
injury to such person; or
  10.  Acting at a place the person knows, or reasonably should know, is
on school grounds and with intent to cause physical injury, he or she:
  (a) causes such injury to an employee of a  school  or  public  school
district; or
  (b)  not  being  a  student  of such school or public school district,
causes physical injury to another, and such other person is a student of
such school who is attending or present for  educational  purposes.  For
purposes  of  this  subdivision the term "school grounds" shall have the
meaning set forth in subdivision fourteen  of  section  220.00  of  this
chapter.
  * 11. With intent to cause physical injury to a train operator, ticket
inspector,  conductor,  signalperson,  bus  operator  or  station  agent
employed by any transit agency, authority or company, public or private,
whose operation is authorized by New York state or any of its  political
subdivisions, a city marshal, a school crossing guard appointed pursuant
to  section  two hundred eight-a of the general municipal law, a traffic
enforcement officer, traffic enforcement agent, prosecutor as defined in
subdivision thirty-one of section 1.20 of the  criminal  procedure  law,
sanitation   enforcement   agent,   New  York  city  sanitation  worker,
registered nurse, licensed practical nurse,  emergency  medical  service
paramedic,  or  emergency  medical  service technician, he or she causes
physical injury to such train  operator,  ticket  inspector,  conductor,
signalperson,  bus  operator  or  station  agent,  city  marshal, school
crossing guard appointed pursuant to section two hundred eight-a of  the
general  municipal law, traffic enforcement officer, traffic enforcement
agent, prosecutor as defined in subdivision thirty-one of  section  1.20
of  the  criminal  procedure  law,  registered nurse, licensed practical
nurse, sanitation enforcement agent, New York  city  sanitation  worker,
emergency  medical  service  paramedic,  or  emergency  medical  service
technician, while such employee is performing an assigned  duty  on,  or
directly  related  to,  the  operation  of  a train or bus, or such city
marshal, school crossing guard,  traffic  enforcement  officer,  traffic
enforcement  agent,  prosecutor  as defined in subdivision thirty-one of
section 1.20 of the criminal procedure law, registered  nurse,  licensed
practical  nurse, sanitation enforcement agent, New York city sanitation
worker,  emergency  medical  service  paramedic,  or  emergency  medical
service technician is performing an assigned duty.
  * NB Effective until November 1, 2016
  * 11. With intent to cause physical injury to a train operator, ticket
inspector,  conductor,  signalperson,  bus  operator  or  station  agent
employed by any transit agency, authority or company, public or private,
whose operation is authorized by New York state or any of its  political
subdivisions, a city marshal, a school crossing guard appointed pursuant
to  section  two hundred eight-a of the general municipal law, a traffic
enforcement officer, traffic enforcement agent, prosecutor as defined in
subdivision thirty-one of section 1.20 of the  criminal  procedure  law,
sanitation  enforcement  agent,  New York city sanitation worker, public
health sanitarian, New York city public  health  sanitarian,  registered
nurse, licensed practical nurse, emergency medical service paramedic, or
emergency  medical service technician,  he or she causes physical injury
to such train operator, ticket inspector, conductor,  signalperson,  bus
operator or station agent, city marshal, school crossing guard appointed
pursuant  to  section  two hundred eight-a of the general municipal law,
traffic enforcement officer, traffic enforcement  agent,  prosecutor  as
defined  in  subdivision  thirty-one  of  section  1.20  of the criminal
procedure law, registered nurse, licensed practical nurse, public health
sanitarian,   New   York   city  public  health  sanitarian,  sanitation
enforcement agent, New York city sanitation  worker,  emergency  medical
service  paramedic,  or emergency medical service technician, while such
employee is performing an assigned duty on, or directly related to,  the
operation  of  a  train  or  bus,  or such city marshal, school crossing
guard,  traffic  enforcement   officer,   traffic   enforcement   agent,
prosecutor  as  defined in subdivision thirty-one of section 1.20 of the
criminal procedure law,  registered  nurse,  licensed  practical  nurse,
public  health  sanitarian,  New  York  city  public  health sanitarian,
sanitation enforcement agent, New York city sanitation worker, emergency
medical service paramedic, or emergency medical  service  technician  is
performing an assigned duty.
  * NB Effective November 1, 2016
  11-a.  With  intent to cause physical injury to an employee of a local
social services  district  directly  involved  in  investigation  of  or
response  to  alleged  abuse  or  neglect of a child, vulnerable elderly
person or an incompetent or physically disabled person, the  actor,  not
being such child, vulnerable elderly person or incompetent or physically
disabled person, or with intent to prevent an employee of a local social
services  district  directly involved in providing public assistance and
care from performing his or her job,  causes  physical  injury  to  such
employee; or
  11-b.  With  intent to cause physical injury to an employee of the New
York city housing authority performing his or her  lawful  duties  while
located  on housing project grounds, real property, or a building owned,
managed, or operated by such authority he or she causes physical  injury
to such employee; or
  * 11-c.  With intent to cause physical injury to an employee providing
direct patient care, who is not a nurse pursuant to title eight  of  the
education law, whose principal employment responsibility is to carry out
direct  patient  care  for one or more patients in any hospital, nursing
home, residential health care  facility,  general  hospital,  government
agency  including  any  chronic  disease  hospital,  maternity hospital,
outpatient department, emergency center or surgical center under article
twenty-eight of the public health law, he or she causes physical  injury
to  such  employee  providing direct patient care while such employee is
performing a lawful duty; or
  * NB Effective November 1, 2016
  12. With intent to cause physical injury to a person who is sixty-five
years of age or older, he or she causes such injury to such person,  and
the actor is more than ten years younger than such person.
  * 13.  Being  confined to a secure treatment facility, as such term is
defined in subdivision (o) of section 10.03 of the mental  hygiene  law,
and  with  intent to cause physical injury to an employee of such secure
treatment facility performing his or her duties, he or she  causes  such
injury to such person.
  * NB Effective November 1, 2016
  Assault in the second degree is a class D felony.

S 120.06 Gang assault in the second degree.
  A person is guilty of gang assault in the second degree when, with
intent to cause physical injury to another person and when aided by two
or more other persons actually present, he causes serious physical
injury to such person or to a third person.
  Gang assault in the second degree is a class C felony.

S 120.07 Gang assault in the first degree.
  A person is guilty of gang assault in the first degree when, with
intent to cause serious physical injury to another person and when aided
by two or more other persons actually present, he causes serious
physical injury to such person or to a third person.
  Gang assault in the first degree is a class B felony.

S 120.08 Assault on a peace officer, police officer, fireman or
              emergency medical services professional.
  A person is guilty of assault on a peace officer, police officer,
fireman or emergency medical services professional when, with intent to
prevent a peace officer, police officer, a fireman, including a fireman
acting as a paramedic or emergency medical technician administering
first aid in the course of performance of duty as such fireman, or an
emergency medical service paramedic or emergency medical service
technician, from performing a lawful duty, he causes serious physical
injury to such peace officer, police officer, fireman, paramedic or
technician.
  Assault on a peace officer, police officer, fireman or emergency
 medical services professional is a class C felony.

S 120.09 Assault on a judge.
  A person  is  guilty of assault on a judge when, with intent to cause
serious physical injury and prevent a  judge  from  performing  official
judicial duties, he or she causes serious physical injury to such judge.
For the purposes of this section, the term judge shall mean a judge of a
court of record or a justice court.
    Assault on a judge is a class C felony.

S 120.10 Assault in the first degree.
  A person is guilty of assault in the first degree when:
  1. With intent to cause serious physical injury to another person, he
causes such injury to such person or to a third person by means of a
deadly weapon or a dangerous instrument; or
  2. With intent to disfigure another person seriously and permanently,
or to destroy, amputate or disable permanently a member or organ of his
body, he causes such injury to such person or to a third person; or
  3. Under circumstances evincing a depraved indifference to human life,
he recklessly engages in conduct which creates a grave risk of death to
another person, and thereby causes serious physical injury to another
person; or
  4. In the course of and in furtherance of the commission or attempted
commission of a felony or of immediate flight therefrom, he, or another
participant if there be any, causes serious physical injury to a person
other than one of the participants.
  Assault in the first degree is a class B felony.

S 120.11 Aggravated assault upon a police officer or a peace officer.
  A person is guilty of aggravated assault upon a police officer or a
peace officer when, with intent to cause serious physical injury to a
person whom he knows or reasonably should know to be a police officer or
a peace officer engaged in the course of performing his official duties,
he causes such injury by means of a deadly weapon or dangerous
instrument.
Aggravated assault upon a police officer or a peace officer
is a class B felony.

S 120.12 Aggravated assault upon a person less than eleven years old.
  A person is guilty of aggravated assault upon a person less than
eleven years old when being eighteen years old or more the defendant
commits the crime of assault in the third degree as defined in section
120.00 of this article upon a person less than eleven years old and has
been previously convicted of such crime upon a person less than eleven
years old within the preceding ten years.
Aggravated assault upon a person less than eleven years old
is a class E felony.

S 120.13 Menacing in the first degree.
  A  person  is  guilty  of  menacing in the first degree when he or she
  commits the crime  of  menacing  in  the  second  degree  and  has  been
  previously  convicted  of  the crime of menacing in the second degree or
  the crime of menacing a police  officer  or  peace  officer  within  the
  preceding ten years.
  Menacing in the first degree is a class E felony.

S 120.14 Menacing in the second degree.
  A person is guilty of menacing in the second degree when:
  1. He or she intentionally places or attempts to place another person
in reasonable fear of physical injury, serious physical injury or death
by displaying a deadly weapon, dangerous instrument or what appears to
be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or
  2. He or she repeatedly follows a person or engages in a course of
conduct or repeatedly commits acts over a period of time intentionally
placing or attempting to place another person in reasonable fear of
physical injury, serious physical injury or death; or
  3. He or she commits the crime of menacing in the third degree in
violation of that part of a duly served order of protection, or such
order which the defendant has actual knowledge of because he or she was
present in court when such order was issued, pursuant to article eight
of the family court act, section 530.12 of the criminal procedure law,
or an order of protection issued by a court of competent jurisdiction in
another state, territorial or tribal jurisdiction, which directed the
respondent or defendant to stay away from the person or persons on whose
behalf the order was issued.
  Menacing in the second degree is a class A misdemeanor.

S 120.15 Menacing in the third degree.
  A person is guilty of menacing in the third degree when, by physical
menace, he or she intentionally places or attempts to place another
person in fear of death, imminent serious physical injury or physical
injury.
  Menacing in the third degree is a class B misdemeanor.

S 120.16 Hazing in the first degree.
  A person is guilty of hazing in the first degree when, in the course
of another person`s initiation into or affiliation with any
organization, he intentionally or recklessly engages in conduct which
creates a substantial risk of physical injury to such other person or a
third person and thereby causes such injury.
  Hazing in the first degree is a class A misdemeanor.

S 120.17 Hazing in the second degree.
  A person is guilty of hazing in the second degree when, in the course
of another person`s initiation or affiliation with any organization, he
intentionally or recklessly engages in conduct which creates a
substantial risk of physical injury to such other person or a third
person.
  Hazing in the second degree is a violation.

S 120.18 Menacing a police officer or peace officer.
  A  person is guilty of menacing a police officer or peace officer when
he or she intentionally places or attempts to place a police officer  or
peace  officer  in  reasonable fear of physical injury, serious physical
injury or death by displaying a deadly weapon, knife, pistol,  revolver,
rifle,  shotgun,  machine gun or other firearm, whether operable or not,
where such officer was in the course of performing his or  her  official
duties  and the defendant knew or reasonably should have known that such
victim was a police officer or peace officer.
  Menacing a police officer or peace officer is a class D felony.

S 120.20 Reckless endangerment in the second degree.
  A person is guilty of reckless endangerment in the second degree when
he recklessly engages in conduct which creates a substantial risk of
serious physical injury to another person.
Reckless endangerment in the second degree
is a class A misdemeanor.

S 120.25 Reckless endangerment in the first degree.
  A person is guilty of reckless endangerment in the first degree when,
under circumstances evincing a depraved indifference to human life, he
recklessly engages in conduct which creates a grave risk of death to
another person.
  Reckless endangerment in the first degree is a class D felony.

S 120.30 Promoting a suicide attempt.
  A person is guilty of promoting a suicide attempt when he
intentionally causes or aids another person to attempt suicide.
  Promoting a suicide attempt is a class E felony.

S 120.35 Promoting a suicide attempt; when punishable as attempt
              to commit murder.
  A person who engages in conduct constituting both the offense of
promoting a suicide attempt and the offense of attempt to commit murder
may not be convicted of attempt to commit murder unless he causes or
aids the suicide attempt by the use of duress or deception.

S 120.40 Definitions.
  For purposes of sections 120.45, 120.50, 120.55 and 120.60 of this
article:
  1. "Kidnapping" shall mean a kidnapping crime defined in article one
hundred thirty-five of this chapter.
  2. "Unlawful imprisonment" shall mean an unlawful imprisonment felony
crime defined in article one hundred thirty-five of this chapter.
  3. "Sex offense" shall mean a felony defined in article one hundred
thirty of this chapter, sexual misconduct, as defined in section 130.20
of this chapter, sexual abuse in the third degree as defined in section
130.55 of this chapter or sexual abuse in the second degree as defined
in section 130.60 of this chapter.
  4. "Immediate family" means the spouse, former spouse, parent, child,
sibling, or any other person who regularly resides or has regularly
resided in the household of a person.
  5. "Specified predicate crime" means:
  a. a violent felony offense;
  b. a crime defined in section 130.20, 130.25, 130.30, 130.40, 130.45,
130.55, 130.60, 130.70, 255.25, 255.26 or 255.27;
  c. assault in the third degree, as defined in section 120.00; menacing
in the first degree, as defined in section 120.13; menacing in the
second degree, as defined in section 120.14; coercion in the first
degree, as defined in section 135.65; coercion in the second degree, as
defined in section 135.60; aggravated harassment in the second degree,
as defined in section 240.30; harassment in the first degree, as defined
in section 240.25; menacing in the third degree, as defined in section
120.15; criminal mischief in the third degree, as defined in section
145.05; criminal mischief in the second degree, as defined in section
145.10, criminal mischief in the first degree, as defined in section
145.12; criminal tampering in the first degree, as defined in section
145.20; arson in the fourth degree, as defined in section 150.05; arson
in the third degree, as defined in section 150.10; criminal contempt in
the first degree, as defined in section 215.51; endangering the welfare
of a child, as defined in section 260.10; or
  d. stalking in the fourth degree, as defined in section 120.45;
stalking in the third degree, as defined in section 120.50; stalking in
the second degree, as defined in section 120.55; or
  e. an offense in any other jurisdiction which includes all of the
essential elements of any such crime for which a sentence to a term of
imprisonment in excess of one year or a sentence of death was authorized
and is authorized in this state irrespective of whether such sentence
was imposed.

S 120.45 Stalking in the fourth degree.
    A  person  is  guilty  of stalking in the fourth degree when he or she
  intentionally, and for no legitimate purpose, engages  in  a  course  of
  conduct  directed  at  a specific person, and knows or reasonably should
  know that such conduct:
    1. is likely to cause reasonable fear of material harm to the physical
  health, safety or property of such person, a  member  of  such  person's
  immediate  family  or a third party with whom such person is acquainted;
  or
    2. causes material harm to the mental  or  emotional  health  of  such
  person,  where  such  conduct  consists  of  following,  telephoning  or
  initiating communication or contact with such person, a member  of  such
  person's  immediate  family  or  a  third party with whom such person is
  acquainted, and the actor was previously clearly informed to cease  that
  conduct; or
    3.  is  likely to cause such person to reasonably fear that his or her
  employment,  business  or  career  is  threatened,  where  such  conduct
  consists  of  appearing,  telephoning  or  initiating  communication  or
  contact at such person's place of employment or business, and the  actor
  was previously clearly informed to cease that conduct.
    For the purposes of subdivision two of this section, "following" shall
  include the unauthorized tracking of such person's movements or location
  through the use of a global positioning system or other device.
  Stalking in the fourth degree is a class B misdemeanor.

S 120.50 Stalking in the third degree.
  A person is guilty of stalking in the third degree when he or she:
  1. Commits the crime of stalking in the fourth degree in violation of
section 120.45 of this article against three or more persons, in three
or more separate transactions, for which the actor has not been
previously convicted; or
  2. Commits the crime of stalking in the fourth degree in violation of
section 120.45 of this article against any person, and has previously
been convicted, within the preceding ten years of a specified predicate
crime, as defined in subdivision five of section 120.40 of this article,
and the victim of such specified predicate crime is the victim, or an
immediate family member of the victim, of the present offense; or
  3. With intent to harass, annoy or alarm a specific person,
intentionally engages in a course of conduct directed at such person
which is likely to cause such person to reasonably fear physical injury
or serious physical injury, the commission of a sex offense against, or
the kidnapping, unlawful imprisonment or death of such person or a
member of such person`s immediate family; or
  4. Commits the crime of stalking in the fourth degree and has
previously been convicted within the preceding ten years of stalking in
the fourth degree.
  Stalking in the third degree is a class A misdemeanor.

S 120.55 Stalking in the second degree.
A person is guilty of stalking in the second degree when he or she:
  1.  Commits  the  crime  of stalking in the third degree as defined in
subdivision three of section 120.50 of this article and in the course of
and in furtherance of the commission of such offense: (i)  displays,  or
possesses  and threatens the use of, a firearm, pistol, revolver, rifle,
shotgun, machine gun, electronic dart gun,  electronic  stun  gun,  cane
sword,  billy,  blackjack,  bludgeon,  plastic knuckles, metal knuckles,
chuka stick, sand bag, sandclub, slingshot, slungshot, shirken, "Kung Fu
Star", dagger, dangerous knife, dirk, razor, stiletto, imitation pistol,
dangerous instrument,  deadly  instrument  or  deadly  weapon;  or  (ii)
displays  what appears to be a pistol, revolver, rifle, shotgun, machine
gun or other firearm; or
2. Commits the crime of stalking in the third degree in violation of
subdivision three of section 120.50 of this article against any person,
and has previously been convicted, within the preceding five years, of a
specified predicate crime as defined in subdivision five of section
120.40 of this article, and the victim of such specified predicate crime
is the victim, or an immediate family member of the victim, of the
present offense; or
  3. Commits the crime of stalking in the fourth degree and has
previously been convicted of stalking in the third degree as defined in
subdivision four of section 120.50 of this article against any person;
or
  4. Being twenty-one years of age or older, repeatedly follows a person
under the age of fourteen or engages in a course of conduct or
repeatedly commits acts over a period of time intentionally placing or
attempting to place such person who is under the age of fourteen in
reasonable fear of physical injury, serious physical injury or death; or
  5. Commits the crime of stalking in the third degree, as defined  in
subdivision three of section 120.50 of this article, against ten or more
persons,  in  ten or more separate transactions, for which the actor has
not been previously convicted.
  Stalking in the second degree is a class E felony.

S 120.60 Stalking in the first degree.
  A person is guilty of stalking in the first degree when he or she
commits the crime of stalking in the third degree as defined in
subdivision three of section 120.50 or stalking in the second degree as
defined in section 120.55 of this article and, in the course and
furtherance thereof, he or she:
  1. intentionally or recklessly causes physical injury to the victim of
such crime; or
  2. commits a class A misdemeanor defined in article one hundred thirty
of this chapter, or a class E felony defined in section 130.25, 130.40
or 130.85 of this chapter, or a class D felony defined in section 130.30
or 130.45 of this chapter.
  Stalking in the first degree is a class D felony.

S 120.70  Luring a child.
  1.  A  person is guilty of luring a child when he or she lures a child
into a motor vehicle, aircraft, watercraft, isolated area, building,  or
part  thereof,  for  the purpose of committing against such child any of
the following offenses: an offense as defined in section 70.02  of  this
chapter;  an  offense  as  defined  in  section 125.25 or 125.27 of this
chapter; a felony offense that is a violation  of  article  one  hundred
thirty  of this chapter; an offense as defined in section 135.25 of this
chapter; an offense as defined in sections 230.30, 230.33 or  230.34  of
this  chapter;  an  offense  as  defined  in sections 255.25, 255.26, or
255.27 of this chapter; or an offense as  defined  in  sections  263.05,
263.10,  or  263.15  of  this  chapter. For purposes of this subdivision
"child" means a person less than seventeen years of age. Nothing in this
section shall be  deemed  to  preclude,  if  the  evidence  warrants,  a
conviction  for  the  commission  or  attempted commission of any crime,
including but not limited to a crime  defined  in  article  one  hundred
thirty-five of this chapter.
  2.  Luring a child is a class E felony, provided, however, that if the
underlying offense the actor  intended  to  commit  against  such  child
constituted  a class A or a class B felony, then the offense of luring a
child in violation of this section shall be deemed respectively, a class
  C felony or class D felony.

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