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
125.26 - Aggravated murder.

 
  § 125.26 Aggravated murder.
    A person is guilty of aggravated murder when:
    1.  With intent to cause the death of another person, he or she causes
  the death of such person,  or  of  a  third  person  who  was  a  person
  described in subparagraph (i), (ii), (ii-a) or (iii) of paragraph (a) of
  this  subdivision  engaged  at  the time of the killing in the course of
  performing his or her official duties; and
    (a) Either:
    (i) the intended victim was a police officer as defined in subdivision
  thirty-four of section 1.20 of the criminal procedure law who was at the
  time of the killing engaged in the  course  of  performing  his  or  her
  official  duties, and the defendant knew or reasonably should have known
  that the victim was a police officer; or
    (ii) the intended victim was a peace officer as defined in paragraph a
  of subdivision  twenty-one,  subdivision  twenty-three,  twenty-four  or
  sixty-two  (employees  of the division for youth) of section 2.10 of the
  criminal procedure law who was at the time of the killing engaged in the
  course of performing his or her official duties, and the defendant  knew
  or  reasonably  should  have  known that the victim was such a uniformed
  court officer, parole officer, probation officer,  or  employee  of  the
  division for youth; or
    (ii-a)  the  intended  victim  was  a  firefighter,  emergency medical
  technician, ambulance driver, paramedic, physician or  registered  nurse
  involved  in  a first response team, or any other individual who, in the
  course of official duties, performs emergency  response  activities  and
  was  engaged in such activities at the time of killing and the defendant
  knew or reasonably should have known that the intended victim  was  such
  firefighter,  emergency medical technician, ambulance driver, paramedic,
  physician or registered nurse; or
    (iii) the intended victim was an  employee  of  a  state  correctional
  institution  or  was  an  employee  of  a local correctional facility as
  defined in subdivision two of section forty of the correction  law,  who
  was  at  the time of the killing engaged in the course of performing his
  or her official duties, and the defendant knew or reasonably should have
  known  that  the  victim  was  an  employee  of  a  state   correctional
  institution or a local correctional facility; and
    (b)  The defendant was more than eighteen years old at the time of the
  commission of the crime; or
    2. (a) With intent to cause the death of a person less  than  fourteen
  years  old, he or she causes the death of such person, and the defendant
  acted in an especially cruel and wanton manner pursuant to a  course  of
  conduct intended to inflict and inflicting torture upon the victim prior
  to  the victim's death. As used in this subdivision, "torture" means the
  intentional and depraved infliction of extreme  physical  pain  that  is
  separate  and  apart  from  the  pain  which  otherwise  would have been
  associated with such cause of death; and
    (b) The defendant was more than eighteen years old at the time of  the
  commission of the crime.
    3. In any prosecution under subdivision one or two of this section, it
  is an affirmative defense that:
    (a)  The  defendant  acted  under  the  influence of extreme emotional
  disturbance for which there was a reasonable explanation or excuse,  the
  reasonableness  of  which  is  to  be determined from the viewpoint of a
  person in the defendant's  situation  under  the  circumstances  as  the
  defendant believed them to be. Nothing contained in this paragraph shall
  constitute  a defense to a prosecution for, or preclude a conviction of,
  aggravated manslaughter in the first degree, manslaughter in  the  first
  degree or any other crime except murder in the second degree; or

    (b)  The  defendant's  conduct consisted of causing or aiding, without
  the use of duress  or  deception,  another  person  to  commit  suicide.
  Nothing  contained  in  this  paragraph  shall constitute a defense to a
  prosecution for, or preclude a conviction of, aggravated manslaughter in
  the  second degree, manslaughter in the second degree or any other crime
  except murder in the second degree.
    Aggravated murder is a class A-I felony.