N.Y. Penal Law § 120.05: 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, a police officer,

prosecutor as defined in subdivision thirty-one of section 1.20 of the

criminal procedure law, registered nurse, licensed practical nurse,

public health sanitarian, New York city public health sanitarian,

sanitation enforcement agent, New York city sanitation worker, a

firefighter, including a firefighter acting as a paramedic or emergency

medical technician administering first aid in the course of performance

of duty as such firefighter, an emergency medical service paramedic or

emergency medical service technician, or medical or related personnel in

a hospital emergency department, a city marshal, a school crossing guard

appointed pursuant to section two hundred eight-a of the general

municipal law, a traffic enforcement officer, traffic enforcement agent

or employee of any entity governed by the public service law in the

course of performing an essential service, 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, prosecutor as

defined in subdivision thirty-one of section 1.20 of the criminal

procedure law, registered nurse, licensed practical nurse, public health

sanitarian, New York city public health sanitarian, sanitation

enforcement agent, New York city sanitation worker, firefighter,

paramedic, technician, city marshal, school crossing guard appointed

pursuant to section two hundred eight-a of the general municipal law,

traffic enforcement officer, traffic enforcement agent or employee of an

entity governed by the public service law, he or she causes physical

injury to such peace officer, police officer, prosecutor as defined in

subdivision thirty-one of section 1.20 of the criminal procedure law,

registered nurse, licensed practical nurse, public health sanitarian,

New York city public health sanitarian, sanitation enforcement agent,

New York city sanitation worker, firefighter, paramedic, technician or

medical or related personnel in a hospital emergency department, city

marshal, school crossing guard, traffic enforcement officer, traffic

enforcement agent or employee of an entity governed by the public

service law; or

3-a. With intent to prevent an employee of a local social services

district directly involved in investigation of or response to alleged

abuse or neglect of a child, a vulnerable elderly person or an

incompetent or physically disabled person, from performing such

investigation or response, the actor, not being such child, vulnerable

elderly person or incompetent or physically disabled person, or with

intent to prevent an employee of a local social services district

directly involved in providing public assistance and care from

performing his or her job, causes physical injury to such employee

including by means of releasing or failing to control an animal under

circumstances evincing the actor's intent that the animal obstruct the

lawful activities of such employee; or

3-b. With intent to prevent an employee of the New York city housing

authority from performing his or her lawful duties while located on

housing project grounds, real property, or a building owned, managed, or

operated by such authority he or she causes physical injury to such

employee; or

3-c. With intent to prevent an employee providing direct patient care,

who is not a nurse pursuant to title eight of the education law, whose

principal employment responsibility is to carry out direct patient care

for one or more patients in any hospital, nursing home, residential

health care facility, general hospital, government agency including any

chronic disease hospital, maternity hospital, outpatient department,

emergency center or surgical center under article twenty-eight of the

public health law, from performing a lawful duty, he or she causes

physical injury to such employee providing direct patient care; or

4. He recklessly causes serious physical injury to another person by

means of a deadly weapon or a dangerous instrument; or

4-a. He recklessly causes physical injury to another person who is a

child under the age of eighteen by intentional discharge of a firearm,

rifle or shotgun; 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; or

11. With intent to cause physical injury to a train operator, ticket

inspector, conductor, signalperson, bus operator, station agent, station

cleaner, terminal cleaner, station customer assistant, traffic checker;

person whose official duties include the sale or collection of tickets,

passes, vouchers, or other revenue payment media for use on a train,

bus, or ferry the collection or handling of revenues therefrom; a person

whose official duties include the maintenance, repair, inspection,

troubleshooting, testing or cleaning of buses or ferries, a transit

signal system, elevated or underground subway tracks, transit station

structure, including fare equipment, escalators, elevators and other

equipment necessary to passenger service, commuter rail tracks or

stations, train yard, revenue train in passenger service, a ferry

station, or a train or bus station or terminal; or a supervisor of such

personnel, employed by any transit or commuter rail agency, authority or

company, public or private, whose operation is authorized by New York

state or any of its political subdivisions, a city marshal, a school

crossing guard appointed pursuant to section two hundred eight-a of the

general municipal law, a traffic enforcement officer, traffic

enforcement agent, prosecutor as defined in subdivision thirty-one of

section 1.20 of the criminal procedure law, sanitation enforcement

agent, New York city sanitation worker, public health sanitarian, New

York city public health sanitarian, registered nurse, licensed practical

nurse, emergency medical service paramedic, or emergency medical service

technician, he or she causes physical injury to such train operator,

ticket inspector, conductor, signalperson, bus operator, station agent,

station cleaner, terminal cleaner, station customer assistant, traffic

checker; person whose official duties include the sale or collection of

tickets, passes, vouchers or other revenue payment media for use on a

train, bus, or ferry or the collection or handling of revenues

therefrom; a person whose official duties include the maintenance,

repair, inspection, troubleshooting, testing or cleaning of buses or

ferries, a transit signal system, elevated or underground subway tracks,

transit station structure, including fare equipment, escalators,

elevators and other equipment necessary to passenger service, commuter

rail tracks or stations, train yard, revenue train in passenger service,

a ferry station, or a train or bus station or terminal; or a supervisor

of such personnel, city marshal, school crossing guard appointed

pursuant to section two hundred eight-a of the general municipal law,

traffic enforcement officer, traffic enforcement agent, prosecutor as

defined in subdivision thirty-one of section 1.20 of the criminal

procedure law, registered nurse, licensed practical nurse, public health

sanitarian, New York city public health sanitarian, sanitation

enforcement agent, New York city sanitation worker, emergency medical

service paramedic, or emergency medical service technician, while such

employee is performing an assigned duty on, or directly related to, the

operation of a train or bus, cleaning of a train or bus station or

terminal, assisting customers, checking traffic, the sale or collection

of tickets, passes, vouchers, or other revenue media for use on a train,

bus, or ferry or maintenance or cleaning of a train, a bus, a ferry, or

bus station or terminal, signal system, elevated or underground subway

tracks, transit station structure, including fare equipment, escalators,

elevators and other equipment necessary to passenger service, commuter

rail tracks or stations, train yard or revenue train in passenger

service, a ferry station, or such city marshal, school crossing guard,

traffic enforcement officer, traffic enforcement agent, prosecutor as

defined in subdivision thirty-one of section 1.20 of the criminal

procedure law, registered nurse, licensed practical nurse, public health

sanitarian, New York city public health sanitarian, sanitation

enforcement agent, New York city sanitation worker, emergency medical

service paramedic, or emergency medical service technician is performing

an assigned duty; or

11-a. With intent to cause physical injury to an employee of a local

social services district directly involved in investigation of or

response to alleged abuse or neglect of a child, vulnerable elderly

person or an incompetent or physically disabled person, the actor, not

being such child, vulnerable elderly person or incompetent or physically

disabled person, or with intent to prevent an employee of a local social

services district directly involved in providing public assistance and

care from performing his or her job, causes physical injury to such

employee; or

11-b. With intent to cause physical injury to an employee of the New

York city housing authority performing his or her lawful duties while

located on housing project grounds, real property, or a building owned,

managed, or operated by such authority he or she causes physical injury

to such employee; or

11-c. With intent to cause physical injury to an employee providing

direct patient care, who is not a nurse pursuant to title eight of the

education law, whose principal employment responsibility is to carry out

direct patient care for one or more patients in any hospital, nursing

home, residential health care facility, general hospital, government

agency including any chronic disease hospital, maternity hospital,

outpatient department, emergency center or surgical center under article

twenty-eight of the public health law, he or she causes physical injury

to such employee providing direct patient care while such employee is

performing a lawful duty; or

12. With intent to cause physical injury to a person who is sixty-five

years of age or older, he or she causes such injury to such person, and

the actor is more than ten years younger than such person; or

13. Being confined to a secure treatment facility, as such term is

defined in subdivision (o) of section 10.03 of the mental hygiene law,

and with intent to cause physical injury to an employee of such secure

treatment facility performing his or her duties, he or she causes such

injury to such person; or

14. With intent to prevent or obstruct a process server, as defined in

section eighty-nine-t of the general business law, from performing a

lawful duty pursuant to article three of the civil practice law and

rules, or intentionally, as retaliation against such a process server

for the performance of the process server's duties pursuant to such

article, including by means of releasing or failing to control an animal

evincing the actor's intent that the animal prevent or obstruct the

lawful duty of the process server or as retaliation against the process

server, he or she causes physical injury to such process server.

Assault in the second degree is a class D felony.