§ 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, police officer, a fire-
man, including a fireman acting as a paramedic or emergency medical
technician administering first aid in the course of performance of duty
as such fireman, an emergency medical service paramedic or emergency
medical service technician, or medical or related personnel in a hospi-
tal emergency department, 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, fireman, paramedic or technician,
he causes physical injury to such peace officer, police officer, fire-
man, paramedic, technician or medical or related personnel in a hospital
emergency department; or
4. He recklessly causes serious physical injury to another person by
means of a deadly weapon or a dangerous instrument; 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.
Assault in the second degree is a class D felony.
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Link to CJI2d