2013 New York Consolidated Laws
PEN - Penal
Part 3 - SPECIFIC OFFENSES
Title H - OFFENSES AGAINST THE PERSON INVOLVING PHYSICAL INJURY, SEXUAL CONDUCT, RESTRAINT AND INTIMIDATION
Article 125 - (125.00 - 125.60) HOMICIDE, ABORTION AND RELATED OFFENSES
125.14 - Aggravated vehicular homicide.

 
  § 125.14 Aggravated vehicular homicide.
    A  person  is  guilty  of aggravated vehicular homicide 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
  manslaughter in the second degree as defined in section 125.12  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 the death of more than one other person;
    (5)  causes the death of one person and the serious physical injury of
  at least one other person;
    (6) has previously been convicted of violating any provision  of  this
  article  or  article  one  hundred  twenty  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 of this title; or
    (7)  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 the death of such child.
    If it is established that the  person  operating  such  motor  vehicle
  caused  such death or deaths 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 death or deaths, as required by  this  section
  and section 125.12 of this article.
    Aggravated vehicular homicide is a class B felony.