NY Penal L § 120.05 (2021)
2021 New York Laws PEN - Penal Part 3 - Specific Offenses Title H - Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint and Intimidation Article 120 - Assault and Related Offenses 120.05 - Assault in the Second Degree.

§ 120.05 Assault in the second degree.   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, prosecutor  as  defined in subdivision thirty-one of section 1.20 of the criminal procedure law,  registered  nurse,  licensed  practical  nurse, public  health  sanitarian,  New  York  city  public  health sanitarian, sanitation  enforcement  agent,  New  York  city  sanitation  worker,  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 school crossing guard appointed pursuant  to  section  two  hundred  eight-a  of  the  general municipal  law, a traffic enforcement officer, traffic enforcement agent or employee of any entity governed by the  public  service  law  in  the course  of  performing  an  essential  service, 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, prosecutor as defined in subdivision  thirty-one  of  section  1.20  of  the  criminal procedure law, registered nurse, licensed practical nurse, public health sanitarian,   New   York   city  public  health  sanitarian,  sanitation enforcement  agent,  New  York  city  sanitation  worker,   firefighter, paramedic,  technician,  city  marshal,  school crossing guard appointed pursuant to section two hundred eight-a of the  general  municipal  law, traffic enforcement officer, traffic enforcement agent or employee of an entity  governed  by  the  public service law, he or she causes physical injury to such peace officer, police officer, prosecutor as  defined  in subdivision  thirty-one  of  section 1.20 of the criminal procedure law, registered nurse, licensed practical nurse,  public  health  sanitarian, New  York  city  public health sanitarian, sanitation enforcement agent, New York city sanitation worker, firefighter, paramedic,  technician  or medical  or  related  personnel in a hospital emergency department, city marshal, school crossing guard,  traffic  enforcement  officer,  traffic enforcement  agent  or  employee  of  an  entity  governed by the public service law; or   3-a. With intent to prevent an employee of  a  local  social  services district  directly  involved  in investigation of or response to alleged abuse or  neglect  of  a  child,  a  vulnerable  elderly  person  or  an incompetent   or   physically  disabled  person,  from  performing  such investigation or response, the actor, not being such  child,  vulnerable elderly  person  or  incompetent  or physically disabled person, or with intent to prevent an  employee  of  a  local  social  services  district directly   involved   in  providing  public  assistance  and  care  from performing his or her job,  causes  physical  injury  to  such  employee including  by  means  of releasing or failing to control an animal under circumstances evincing the actor's intent that the animal  obstruct  the lawful activities of such employee; or   3-b.  With  intent to prevent an employee of the New York city housing authority from performing his or her  lawful  duties  while  located  on housing project grounds, real property, or a building owned, managed, or operated  by  such  authority  he  or she causes physical injury to such employee; or    3-c. With intent to prevent an employee providing direct patient care, who is not a nurse pursuant to title eight of the education  law,  whose principal  employment responsibility is to carry out direct patient care for one or more patients in  any  hospital,  nursing  home,  residential health  care facility, general hospital, government agency including any chronic disease hospital,  maternity  hospital,  outpatient  department, emergency  center  or  surgical center under article twenty-eight of the public health law, from performing a  lawful  duty,  he  or  she  causes physical injury to such employee providing direct patient care; or   4.  He  recklessly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument; or   4-a. He recklessly causes physical injury to another person who  is  a child  under  the age of eighteen by intentional discharge of a firearm, rifle or shotgun; 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; or   11. With intent to cause physical injury to a train  operator,  ticket inspector, conductor, signalperson, bus operator, station agent, station cleaner or terminal cleaner 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  school crossing  guard appointed pursuant to section two hundred eight-a of the general  municipal  law,  a   traffic   enforcement   officer,   traffic enforcement  agent,  prosecutor  as defined in subdivision thirty-one of section 1.20 of  the  criminal  procedure  law,  sanitation  enforcement agent,  New  York  city sanitation worker, public health sanitarian, New York city public health sanitarian, registered nurse, licensed practical nurse, emergency medical service paramedic, or emergency medical service  technician, he or she causes physical injury  to  such  train  operator, ticket  inspector, conductor, signalperson, bus operator, station agent, station cleaner or terminal cleaner, city marshal, school crossing guard appointed  pursuant  to  section  two  hundred  eight-a  of  the general municipal law, traffic enforcement officer, traffic  enforcement  agent, prosecutor  as  defined in subdivision thirty-one of section 1.20 of the criminal procedure law,  registered  nurse,  licensed  practical  nurse, public  health  sanitarian,  New  York  city  public  health sanitarian, sanitation enforcement agent, New York city sanitation worker, emergency medical service paramedic,  or  emergency  medical  service  technician, while  such  employee  is  performing  an  assigned duty on, or directly related to, the operation of a train or bus, including the cleaning of a train or bus station or terminal, or such city marshal, school  crossing guard,   traffic   enforcement   officer,   traffic  enforcement  agent, prosecutor as defined in subdivision thirty-one of section 1.20  of  the criminal  procedure  law,  registered  nurse,  licensed practical nurse, public health  sanitarian,  New  York  city  public  health  sanitarian, sanitation enforcement agent, New York city sanitation worker, emergency medical  service  paramedic,  or emergency medical service technician is performing an assigned duty; or   11-a. With intent to cause physical injury to an employee of  a  local social  services  district  directly  involved  in  investigation  of or response to alleged abuse or neglect  of  a  child,  vulnerable  elderly person  or  an incompetent or physically disabled person, the actor, not being such child, vulnerable elderly person or incompetent or physically disabled person, or with intent to prevent an employee of a local social services district directly involved in providing public  assistance  and care  from  performing  his  or  her job, causes physical injury to such employee; or   11-b. With intent to cause physical injury to an employee of  the  New York  city  housing  authority performing his or her lawful duties while located on housing project grounds, real property, or a building  owned, managed,  or operated by such authority he or she causes physical injury to such employee; or   11-c. With intent to cause physical injury to  an  employee  providing direct  patient  care, who is not a nurse pursuant to title eight of the education law, whose principal employment responsibility is to carry out direct patient care for one or more patients in  any  hospital,  nursing home,  residential  health  care  facility, general hospital, government agency including  any  chronic  disease  hospital,  maternity  hospital, outpatient department, emergency center or surgical center under article twenty-eight  of the public health law, he or she causes physical injury to such employee providing direct patient care while  such  employee  is performing a lawful duty; or   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; or   13. Being confined to a secure treatment facility,  as  such  term  is defined  in  subdivision (o) of section 10.03 of the mental hygiene law, and with intent to cause physical injury to an employee of  such  secure treatment  facility  performing his or her duties, he or she causes such injury to such person; or   14. With intent to prevent or obstruct a process server, as defined in section eighty-nine-t of the general business  law,  from  performing  a lawful  duty  pursuant  to  article  three of the civil practice law and rules, or intentionally, as retaliation against such  a  process  server for  the  performance  of  the  process server's duties pursuant to such article, including by means of releasing or failing to control an animal  evincing the actor's intent that the  animal  prevent  or  obstruct  the lawful  duty of the process server or as retaliation against the process server, he or she causes physical injury to such process server.   Assault in the second degree is a class D felony.