Section 120.05. Assault in the second degree  


Latest version.
  • 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,  a  police  officer,  a
      firefighter,  including a firefighter acting as a paramedic or emergency
      medical technician administering first aid in the course of  performance
      of  duty  as such firefighter, an emergency medical service paramedic or
      emergency medical service technician, or medical or related personnel in
      a hospital emergency department, a city marshal, a  traffic  enforcement
      officer  or traffic enforcement agent, 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,  firefighter,
      paramedic,  technician,  city  marshal,  traffic  enforcement officer or
      traffic enforcement agent, he or she  causes  physical  injury  to  such
      peace  officer,  police  officer,  firefighter, paramedic, technician or
      medical or related personnel in a hospital  emergency  department,  city
      marshal, traffic enforcement officer or traffic enforcement agent; 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.
        11. With intent to cause physical injury to a train  operator,  ticket
      inspector,  conductor,  signalperson,  bus  operator  or  station  agent
    
      employed by any transit agency, authority or company, public or private,
      whose operation is authorized by New York state or any of its  political
      subdivisions,  a  city marshal, a traffic enforcement officer or traffic
      enforcement  agent,  he  or  she  causes  physical  injury to such train
      operator, ticket inspector, conductor,  signalperson,  bus  operator  or
      station  agent,  city  marshal,  traffic  enforcement officer or traffic
      enforcement agent while such employee is performing an assigned duty on,
      or directly related to, the operation of a train or bus,  or  such  city
      marshal,  traffic  enforcement  officer  or traffic enforcement agent is
      performing an assigned duty.
        12. With intent to cause physical injury to a person who is sixty-five
      years of age or older, he or she causes such injury to such person,  and
      the actor is more than ten years younger than such person.
        Assault in the second degree is a class D felony.