Section 125.13. Vehicular manslaughter in the first degree

A  person is guilty of vehicular manslaughter in the first degree when
  he or she commits the crime of  vehicular  manslaughter  in  the  second
  degree as defined in section 125.12 of this article, and either:
    (1)  commits  such  crime  while  operating a motor vehicle while such
  person has .18 of one per centum or more by weight of  alcohol  in  such
  person's  blood  as  shown  by chemical analysis of such person's blood,
  breath, urine or saliva made  pursuant  to  the  provisions  of  section
  eleven hundred ninety-four of the vehicle and traffic law;
    (2)  commits  such  crime while knowing or having reason to know that:
  (a) his or her license or his or her  privilege  of  operating  a  motor
  vehicle  in another state or his or her privilege of obtaining a license
  to operate a motor vehicle in another state is suspended or revoked  and
  such  suspension  or revocation is based upon a conviction in such other
  state for an offense which would, if committed in this state, constitute
  a  violation  of  any  of  the  provisions  of  section  eleven  hundred
  ninety-two  of the vehicle and traffic law; or (b) his or her license or
  his or her privilege of operating a motor vehicle in the state or his or
  her privilege of obtaining a license issued by the commissioner of motor
  vehicles is suspended or revoked and such suspension  or  revocation  is
  based  upon  either  a  refusal to submit to a chemical test pursuant to
  section eleven hundred ninety-four of the vehicle  and  traffic  law  or
  following  a  conviction  for  a  violation  of any of the provisions of
  section eleven hundred ninety-two of the vehicle and traffic law;
    (3) has previously been convicted of violating any of  the  provisions
  of  section  eleven  hundred  ninety-two  of the vehicle and traffic law
  within the preceding ten years, provided that, for the purposes of  this
  subdivision,  a  conviction  in  any  other state or jurisdiction for an
  offense which, if committed in this state, would constitute a  violation
  of  section  eleven  hundred  ninety-two of the vehicle and traffic law,
  shall be treated as a violation of such law.
    (4) causes the death of more than one other person; or
    (5) has previously been convicted of violating any provision  of  this
  article  or  article  one  hundred  twenty  of  this title involving the
  operation of a motor vehicle, or was convicted in  any  other  state  or
  jurisdiction  of  an  offense involving the operation of a motor vehicle
  which, if committed in this state, would constitute a violation of  this
  article or article one hundred twenty of this title.
    If  it  is  established  that  the person operating such motor vehicle
  caused such death or deaths while unlawfully intoxicated or impaired  by
  the  use  of alcohol or a drug, or by the combined influence of drugs or
  of alcohol and any drug or drugs,  then  there  shall  be  a  rebuttable
  presumption  that, as a result of such intoxication or impairment by the
  use of alcohol or a drug, or by the combined influence of  drugs  or  of
  alcohol and any drug or drugs, such person operated the motor vehicle in
  a  manner  that caused such death or deaths, as required by this section
  and section 125.12 of this article.
    Vehicular manslaughter in the first degree is a class C felony.