§ 120.03 Vehicular assault in the second degree.
A person is guilty of vehicular assault in the second degree when he
or she causes serious physical injury to another person, and either:
(1) operates a motor vehicle in violation of subdivision two, three,
four or four-a of section eleven hundred ninety-two of the vehicle and
traffic law or operates a vessel or public vessel in violation of
paragraph (b), (c), (d) or (e) of subdivision two of section
forty-nine-a of the navigation law, and as a result of such intoxication
or impairment by the use of a drug, or by the combined influence of
drugs or of alcohol and any drug or drugs, operates such motor vehicle,
vessel or public vessel in a manner that causes such serious physical
injury to such other person, or
(2) operates a motor vehicle with a gross vehicle weight rating of
more than eighteen thousand pounds which contains flammable gas,
radioactive materials or explosives in violation of subdivision one of
section eleven hundred ninety-two of the vehicle and traffic law, and
such flammable gas, radioactive materials or explosives is the cause of
such serious physical injury, and as a result of such impairment by the
use of alcohol, operates such motor vehicle in a manner that causes such
serious physical injury to such other person, or
(3) operates a snowmobile in violation of paragraph (b), (c) or (d) of
subdivision one of section 25.24 of the parks, recreation and historic
preservation law or operates an all terrain vehicle as defined in
paragraph (a) of subdivision one of section twenty-two hundred
eighty-one of the vehicle and traffic law and in violation of
subdivision two, three, four, or four-a of section eleven hundred
ninety-two of the vehicle and traffic law, and as a result of such
intoxication or impairment by the use of a drug, or by the combined
influence of drugs or of alcohol and any drug or drugs, operates such
snowmobile or all terrain vehicle in a manner that causes such serious
physical injury to such other person.
If it is established that the person operating such motor vehicle,
vessel, public vessel, snowmobile or all terrain vehicle caused such
serious physical injury while unlawfully intoxicated or impaired by the
use of alcohol or a drug, 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, vessel,
public vessel, snowmobile or all terrain vehicle in a manner that caused
such serious physical injury, as required by this section.
Vehicular assault in the second degree is a class E felony.
