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New York Penal - Article 120 - § 120.05 Assault in the Second Degree

Legal Research Home > New York Laws > Penal > New York Penal - Article 120 - § 120.05 Assault in the Second Degree


Penal 
 
  § 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 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,  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,
  traffic enforcement officer or traffic enforcement agent; or
    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
    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 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  or  licensed
  practical nurse he or she causes physical injury to such train operator,
  ticket  inspector,  conductor,  signalperson,  bus  operator  or station
  agent, city marshal, 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 or New York city sanitation worker,
  while such employee is performing  an  assigned  duty  on,  or  directly
  related  to,  the  operation  of  a  train or bus, or such city marshal,
  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  or New York city sanitation worker, is performing an
  assigned duty.
    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
    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.
    Assault in the second degree is a class D felony.
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Last modified: February 16, 2014