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New York Penal - Article 125 - § 125.12 Vehicular Manslaughter in the Second Degree

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Penal 
 
  § 125.12 Vehicular manslaughter in the second degree.
    A person is guilty of vehicular manslaughter in the second degree when
  he or she causes the death of 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 the death of 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  death,  and  as a result of such impairment by the use of alcohol,
  operates such motor vehicle in a manner that causes the  death  of  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 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 the death of such other person.
    If  it  is  established  that the person operating such motor vehicle,
  vessel, public vessel, snowmobile or all  terrain  vehicle  caused  such
  death  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 death, as
  required by this section.
    Vehicular manslaughter in the second degree is a class D felony.
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Last modified: February 16, 2014