2006 New York Code - Vehicular Manslaughter In The Second Degree.

 
  § 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 or
  four 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, 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 intoxication or  impairment  by  the
  use  of  a drug, 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, or four 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, 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 a drug,
  then there shall be a rebuttable presumption that, as a result  of  such
  intoxication  or  impairment  by the use of a drug, 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.