§ 125.12 Vehicular manslaughter in the second degree.
  A person is guilty of vehicular manslaughter in the second degree when
he or she causes the death of 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,  operates  such motor vehicle, vessel or public  vessel
in a manner that causes the death of 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 
death,   and  as  a  result  of    such   impairment   by   the   use  of 
alcohol, operates such motor vehicle in a manner that causes the death of 
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  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,  operates  such  snowmobile  or all terrain vehicle in 
a manner that causes the death of such other person.
  If it is established that the person  operating  such  motor  vehicle,
vessel,  public  vessel,  snowmobile  or all terrain vehicle caused such
death while unlawfully intoxicated or impaired by the  use  of  a  drug,
then  there  shall be a rebuttable presumption that, as a result of such
intoxication or impairment by the use of a drug,  such  person  operated
the  motor  vehicle,  vessel,  public  vessel, snowmobile or all terrain
vehicle in a manner that caused such death, as required by this section.
  Vehicular manslaughter in the second degree is a class D felony.
(As amended L.2006 c.732 effective 11/15/06.)