§ 120.03 Vehicular assault in the second degree.
A person is guilty of vehicular assault in the second degree when:
(1) with criminal negligence he causes serious physical injury to
another person, and either
(2) causes such serious physical injury by operation of a vehicle in
violation of subdivision two, three or four of section eleven hundred
ninety-two of the vehicle and traffic law or by operation of 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, or
(3) causes such serious physical injury by operation of 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, by operation of a snowmobile in violation of paragraph
(b), (c) or (d) or subparagraph two, three, four or five of paragraph
(e) of subdivision one of section 25.24 of the parks, recreation and
historic preservation law or by operation of 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
paragraph (b), (c) or (d) of subdivision one of section 25.24 of the
parks, recreation and historic preservation law.
Vehicular assault in the second degree is a class E felony.
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Link to CJI2d