N.Y. Penal Law § 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.