2006 New York Code - Assault In The Second Degree.



 
  § 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, 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,  an  emergency medical service paramedic or emergency
  medical service  technician,  or  medical  or  related  personnel  in  a
  hospital  emergency  department, 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, fireman, paramedic or technician,
  he  causes  physical  injury  to  such  peace  officer,  police officer,
  fireman, paramedic, technician or medical  or  related  personnel  in  a
  hospital emergency department; or
    4.  He  recklessly causes serious physical injury to another person by
  means of a deadly weapon or a dangerous instrument; 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,  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, he
  or she causes physical injury to such train operator, ticket  inspector,
  conductor,  bus  operator  or  station  agent  while  such  employee  is
  performing an assigned duty on, or directly related to, the operation of
  a train or bus.
    Assault in the second degree is a class D felony.

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