Section 47. Leaving the scene of an accident without reporting

1. (a)
  Whenever any vessel, including, but not limited to, rowboats, canoes and
  kayaks, meets with an accident involving damage to any vessel or to  the
  real  property  or  to  the personal property, not including animals, of
  another due to an  accident  involving  such  vessel  and  the  operator
  thereof  has  knowledge  of  such  accident, such operator shall, before
  leaving the place where the damage occurred, stop and give  his  or  her
  name  and  address,  the  name  and address of the owner thereof and the
  identification number, if any, assigned to such  vessel  to  the  person
  sustaining  the  damage.  In  the event the person sustaining the damage
  cannot be located at the place  where  the  damage  occurred,  then  the
  operator of such vessel shall report the same as soon as physically able
  to the nearest police officer, police station, bay constable or judicial
  officer.
    (b) A violation of the provisions of paragraph (a) of this subdivision
  shall  constitute  a  violation  punishable  as  set  forth  in  section
  seventy-three-c of this article.
    2. (a) Every operator of a vessel,  including,  but  not  limited  to,
  rowboats,  canoes  and kayaks, who, knowing or having cause to know that
  personal injury has been caused to another person, or another person has
  disappeared under the water, due to an accident  involving  such  vessel
  shall,  before  leaving  the  place  where  the  said incident involving
  personal injury occurred, stop, give such operator's name  and  address,
  the  name and address of the owner of such vessel and the identification
  number, if any, assigned  to  such  vessel  to  the  injured  party,  if
  practical,  and shall report said accident as soon as physically able to
  the nearest police officer, police station, bay  constable  or  judicial
  officer.
    * (b)  The  first violation of the provisions of paragraph (a) of this
  subdivision involving personal injury to another person shall constitute
  a class B misdemeanor punishable by a fine of not less than two  hundred
  fifty  nor  more  than  five  hundred  dollars  in addition to any other
  penalties provided by law. Any subsequent violation  involving  personal
  injury  to  another  person  after  a conviction for a violation of such
  paragraph within the preceding five years shall  constitute  a  class  A
  misdemeanor  punishable by a fine of not less than five hundred nor more
  than one thousand dollars in addition to any other penalties provided by
  law. Any violation of the provisions of this subdivision, other than the
  mere failure of a vessel operator to provide the name and address of the
  vessel owner and/or the identification number of the vessel,  where  the
  personal injury involved results in death or serious physical injury, as
  defined  in  section  10.00  of  the  penal  law,  or where a person has
  disappeared under  the  water  as  the  result  of  the  incident  shall
  constitute a class E felony.
    * NB Effective until November 1, 2009
    * (b)  The  first violation of the provisions of paragraph (a) of this
  subdivision involving personal injury to another person resulting solely
  from the failure of a vessel operator to provide the name and address of
  the vessel owner and/or the identification number of  the  vessel  shall
  constitute  a  class B misdemeanor punishable by a fine of not less than
  two hundred fifty nor more than five hundred dollars in addition to  any
  other  penalties  provided by law. Any subsequent such violation after a
  conviction for such violation within  the  preceding  five  years  shall
  constitute  a  class A misdemeanor punishable by a fine of not less than
  five hundred nor more than one thousand dollars in addition to any other
  penalties provided by law. Any violation of the provisions of  paragraph
  (a)  of  this  subdivision,  other  than  the  mere  failure of a vessel
  operator to provide the name and address of the vessel owner and/or  the

  identification  number  of  the  vessel,  shall  constitute  a  class  A
  misdemeanor, punishable by a fine of not less than five hundred nor more
  than one thousand dollars in addition to any other penalties provided by
  law.  Any  such  violation  committed  by a person after such person has
  previously been convicted of such a violation shall constitute a class E
  felony, punishable by a fine of not less than one thousand nor more than
  two thousand five hundred dollars in addition  to  any  other  penalties
  provided  by  law.  Any  violation of the provisions of paragraph (a) of
  this subdivision, other than the mere failure of a  vessel  operator  to
  provide   the   name   and  address  of  the  vessel  owner  and/or  the
  identification number of the vessel where the personal  injury  involved
  (i)  results  in serious physical injury, as defined in section 10.00 of
  the penal law, or where a person has disappeared under the water as  the
  result of the incident shall constitute a class E felony or (ii) results
  in death shall constitute a class D felony.
    * NB Effective November 1, 2009
    3.  The  provisions  of  this  section  shall  not apply to commercial
  vessels having a valid marine document issued by the United States or  a
  foreign government.