§ 125.12 Vehicular manslaughter in the second degree.
A person is guilty of vehicular manslaughter in the second degree when
he:
(1) commits the crime of criminally negligent homicide as defined in
section 125.10, and either
(2) causes the death of such other person 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 the death of such other person 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 death, 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 in violation of section 25.24 of the parks, recreation and historic
preservation law.
Vehicular manslaughter in the second degree is a class D felony.
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Link to CJI2d