§ 120.05 — Assault in the second degree

§ 120.05 Assault in the second degree.\n A person is guilty of assault in the second degree when:\n 1. With intent to cause serious physical injury to another person, he\ncauses such injury to such person or to a third person; or\n 2. With intent to cause physical injury to another person, he causes\nsuch injury to such person or to a third person by means of a deadly\nweapon or a dangerous instrument; or\n 3. With intent to prevent a peace officer, a police officer,\nprosecutor as defined in subdivision thirty-one of section 1.20 of the\ncriminal procedure law, registered nurse, licensed practical nurse,\npublic health sanitarian, New York city public health sanitarian,\nsanitation enforcement agent, New York city sanitation worker, a\nfirefighter, including a firefighter acting as a paramedic or emergency\nmedical technician administering first aid in the course of performance\nof duty as such firefighter, an emergency medical service paramedic or\nemergency medical service technician, or medical or related personnel in\na hospital emergency department, a city marshal, a school crossing guard\nappointed pursuant to section two hundred eight-a of the general\nmunicipal law, a traffic enforcement officer, traffic enforcement agent\nor employee of any entity governed by the public service law in the\ncourse of performing an essential service, from performing a lawful\nduty, by means including releasing or failing to control an animal under\ncircumstances evincing the actor's intent that the animal obstruct the\nlawful activity of such peace officer, police officer, prosecutor as\ndefined in subdivision thirty-one of section 1.20 of the criminal\nprocedure law, registered nurse, licensed practical nurse, public health\nsanitarian, New York city public health sanitarian, sanitation\nenforcement agent, New York city sanitation worker, firefighter,\nparamedic, technician, city marshal, school crossing guard appointed\npursuant to section two hundred eight-a of the general municipal law,\ntraffic enforcement officer, traffic enforcement agent or employee of an\nentity governed by the public service law, he or she causes physical\ninjury to such peace officer, police officer, prosecutor as defined in\nsubdivision thirty-one of section 1.20 of the criminal procedure law,\nregistered nurse, licensed practical nurse, public health sanitarian,\nNew York city public health sanitarian, sanitation enforcement agent,\nNew York city sanitation worker, firefighter, paramedic, technician or\nmedical or related personnel in a hospital emergency department, city\nmarshal, school crossing guard, traffic enforcement officer, traffic\nenforcement agent or employee of an entity governed by the public\nservice law; or\n 3-a. With intent to prevent an employee of a local social services\ndistrict directly involved in investigation of or response to alleged\nabuse or neglect of a child, a vulnerable elderly person or an\nincompetent or physically disabled person, from performing such\ninvestigation or response, the actor, not being such child, vulnerable\nelderly person or incompetent or physically disabled person, or with\nintent to prevent an employee of a local social services district\ndirectly involved in providing public assistance and care from\nperforming his or her job, causes physical injury to such employee\nincluding by means of releasing or failing to control an animal under\ncircumstances evincing the actor's intent that the animal obstruct the\nlawful activities of such employee; or\n 3-b. With intent to prevent an employee of the New York city housing\nauthority from performing his or her lawful duties while located on\nhousing project grounds, real property, or a building owned, managed, or\noperated by such authority he or she causes physical injury to such\nemployee; or\n 3-c. With intent to prevent an employee providing direct patient care,\nwho is not a nurse pursuant to title eight of the education law, whose\nprincipal employment responsibility is to carry out direct patient care\nfor one or more patients in any hospital, nursing home, residential\nhealth care facility, general hospital, government agency including any\nchronic disease hospital, maternity hospital, outpatient department,\nemergency center or surgical center under article twenty-eight of the\npublic health law, from performing a lawful duty, he or she causes\nphysical injury to such employee providing direct patient care; or\n 4. He recklessly causes serious physical injury to another person by\nmeans of a deadly weapon or a dangerous instrument; or\n 4-a. He recklessly causes physical injury to another person who is a\nchild under the age of eighteen by intentional discharge of a firearm,\nrifle or shotgun; or\n 5. For a purpose other than lawful medical or therapeutic treatment,\nhe intentionally causes stupor, unconsciousness or other physical\nimpairment or injury to another person by administering to him, without\nhis consent, a drug, substance or preparation capable of producing the\nsame; or\n 6. In the course of and in furtherance of the commission or attempted\ncommission of a felony, other than a felony defined in article one\nhundred thirty which requires corroboration for conviction, or of\nimmediate flight therefrom, he, or another participant if there be any,\ncauses physical injury to a person other than one of the participants;\nor\n 7. Having been charged with or convicted of a crime and while confined\nin a correctional facility, as defined in subdivision three of section\nforty of the correction law, pursuant to such charge or conviction, with\nintent to cause physical injury to another person, he causes such injury\nto such person or to a third person; or\n 8. Being eighteen years old or more and with intent to cause physical\ninjury to a person less than eleven years old, the defendant recklessly\ncauses serious physical injury to such person; or\n 9. Being eighteen years old or more and with intent to cause physical\ninjury to a person less than seven years old, the defendant causes such\ninjury to such person; or\n 10. Acting at a place the person knows, or reasonably should know, is\non school grounds and with intent to cause physical injury, he or she:\n (a) causes such injury to an employee of a school or public school\ndistrict; or\n (b) not being a student of such school or public school district,\ncauses physical injury to another, and such other person is a student of\nsuch school who is attending or present for educational purposes. For\npurposes of this subdivision the term "school grounds" shall have the\nmeaning set forth in subdivision fourteen of section 220.00 of this\nchapter; or\n 11. With intent to cause physical injury to a train operator, ticket\ninspector, conductor, signalperson, bus operator, station agent, station\ncleaner, terminal cleaner, station customer assistant, traffic checker;\nperson whose official duties include the sale or collection of tickets,\npasses, vouchers, or other revenue payment media for use on a train,\nbus, or ferry the collection or handling of revenues therefrom; a person\nwhose official duties include the maintenance, repair, inspection,\ntroubleshooting, testing or cleaning of buses or ferries, a transit\nsignal system, elevated or underground subway tracks, transit station\nstructure, including fare equipment, escalators, elevators and other\nequipment necessary to passenger service, commuter rail tracks or\nstations, train yard, revenue train in passenger service, a ferry\nstation, or a train or bus station or terminal; or a supervisor of such\npersonnel, employed by any transit or commuter rail agency, authority or\ncompany, public or private, whose operation is authorized by New York\nstate or any of its political subdivisions, a city marshal, a school\ncrossing guard appointed pursuant to section two hundred eight-a of the\ngeneral municipal law, a traffic enforcement officer, traffic\nenforcement agent, prosecutor as defined in subdivision thirty-one of\nsection 1.20 of the criminal procedure law, sanitation enforcement\nagent, New York city sanitation worker, public health sanitarian, New\nYork city public health sanitarian, registered nurse, licensed practical\nnurse, emergency medical service paramedic, or emergency medical service\ntechnician, he or she causes physical injury to such train operator,\nticket inspector, conductor, signalperson, bus operator, station agent,\nstation cleaner, terminal cleaner, station customer assistant, traffic\nchecker; person whose official duties include the sale or collection of\ntickets, passes, vouchers or other revenue payment media for use on a\ntrain, bus, or ferry or the collection or handling of revenues\ntherefrom; a person whose official duties include the maintenance,\nrepair, inspection, troubleshooting, testing or cleaning of buses or\nferries, a transit signal system, elevated or underground subway tracks,\ntransit station structure, including fare equipment, escalators,\nelevators and other equipment necessary to passenger service, commuter\nrail tracks or stations, train yard, revenue train in passenger service,\na ferry station, or a train or bus station or terminal; or a supervisor\nof such personnel, city marshal, school crossing guard appointed\npursuant to section two hundred eight-a of the general municipal law,\ntraffic enforcement officer, traffic enforcement agent, prosecutor as\ndefined in subdivision thirty-one of section 1.20 of the criminal\nprocedure law, registered nurse, licensed practical nurse, public health\nsanitarian, New York city public health sanitarian, sanitation\nenforcement agent, New York city sanitation worker, emergency medical\nservice paramedic, or emergency medical service technician, while such\nemployee is performing an assigned duty on, or directly related to, the\noperation of a train or bus, cleaning of a train or bus station or\nterminal, assisting customers, checking traffic, the sale or collection\nof tickets, passes, vouchers, or other revenue media for use on a train,\nbus, or ferry or maintenance or cleaning of a train, a bus, a ferry, or\nbus station or terminal, signal system, elevated or underground subway\ntracks, transit station structure, including fare equipment, escalators,\nelevators and other equipment necessary to passenger service, commuter\nrail tracks or stations, train yard or revenue train in passenger\nservice, a ferry station, or such city marshal, school crossing guard,\ntraffic enforcement officer, traffic enforcement agent, prosecutor as\ndefined in subdivision thirty-one of section 1.20 of the criminal\nprocedure law, registered nurse, licensed practical nurse, public health\nsanitarian, New York city public health sanitarian, sanitation\nenforcement agent, New York city sanitation worker, emergency medical\nservice paramedic, or emergency medical service technician is performing\nan assigned duty; or\n 11-a. With intent to cause physical injury to an employee of a local\nsocial services district directly involved in investigation of or\nresponse to alleged abuse or neglect of a child, vulnerable elderly\nperson or an incompetent or physically disabled person, the actor, not\nbeing such child, vulnerable elderly person or incompetent or physically\ndisabled person, or with intent to prevent an employee of a local social\nservices district directly involved in providing public assistance and\ncare from performing his or her job, causes physical injury to such\nemployee; or\n 11-b. With intent to cause physical injury to an employee of the New\nYork city housing authority performing his or her lawful duties while\nlocated on housing project grounds, real property, or a building owned,\nmanaged, or operated by such authority he or she causes physical injury\nto such employee; or\n 11-c. With intent to cause physical injury to an employee providing\ndirect patient care, who is not a nurse pursuant to title eight of the\neducation law, whose principal employment responsibility is to carry out\ndirect patient care for one or more patients in any hospital, nursing\nhome, residential health care facility, general hospital, government\nagency including any chronic disease hospital, maternity hospital,\noutpatient department, emergency center or surgical center under article\ntwenty-eight of the public health law, he or she causes physical injury\nto such employee providing direct patient care while such employee is\nperforming a lawful duty; or\n 12. With intent to cause physical injury to a person who is sixty-five\nyears of age or older, he or she causes such injury to such person, and\nthe actor is more than ten years younger than such person; or\n 13. Being confined to a secure treatment facility, as such term is\ndefined in subdivision (o) of section 10.03 of the mental hygiene law,\nand with intent to cause physical injury to an employee of such secure\ntreatment facility performing his or her duties, he or she causes such\ninjury to such person; or\n 14. With intent to prevent or obstruct a process server, as defined in\nsection eighty-nine-t of the general business law, from performing a\nlawful duty pursuant to article three of the civil practice law and\nrules, or intentionally, as retaliation against such a process server\nfor the performance of the process server's duties pursuant to such\narticle, including by means of releasing or failing to control an animal\nevincing the actor's intent that the animal prevent or obstruct the\nlawful duty of the process server or as retaliation against the process\nserver, he or she causes physical injury to such process server.\n Assault in the second degree is a class D felony.\n