2023 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, terminal cleaner,  station  customer  assistant;  person  whose
official  duties  include  the  sale  or  collection of tickets, passes,
vouchers, or other revenue payment media for use on a train  or  bus  or
the  collection  or  handling  of  revenues  therefrom;  a  person whose
official   duties   include   the   maintenance,   repair,   inspection,
troubleshooting,  testing or cleaning of buses, a transit signal system,
elevated  or  underground  subway  tracks,  transit  station  structure,
including  fare  equipment,  escalators,  elevators  and other equipment
necessary to passenger service, commuter rail tracks or stations,  train
yard,  revenue  train in passenger service, or a train or bus station or

terminal; or a supervisor of such personnel, employed by any transit  or
commuter  rail  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,  terminal cleaner, station
customer assistant; person whose official duties  include  the  sale  or
collection  of  tickets, passes, vouchers or other revenue payment media
for use on a train or bus or the  collection  or  handling  of  revenues
therefrom;  a  person  whose  official  duties  include the maintenance,
repair, inspection, troubleshooting, testing or  cleaning  of  buses,  a
transit  signal  system,  elevated or underground subway tracks, transit
station structure, including fare equipment, escalators,  elevators  and
other  equipment necessary to passenger service, commuter rail tracks or
stations, train yard, revenue train in passenger service, or a train  or
bus  station  or  terminal;  or  a  supervisor  of  such personnel, 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,  cleaning  of  a  train  or  bus  station  or  terminal,  assisting
customers, the sale or collection of tickets, passes, vouchers, or other
revenue media for use on a train or bus, or maintenance or cleaning of a
train, a bus, or bus station or terminal,  signal  system,  elevated  or
underground  subway  tracks,  transit  station structure, including fare
equipment,  escalators,  elevators  and  other  equipment  necessary  to
passenger  service,  commuter  rail  tracks  or  stations, train yard or
revenue train  in  passenger  service,  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
* NB Effective until July 19, 2024
* 11. With intent to cause physical injury to a train operator, ticket
inspector, conductor, signalperson, bus operator, station agent, station
cleaner, terminal cleaner, station customer assistant, traffic  checker;
person  whose official duties include the sale or collection of tickets,
passes, vouchers, or other revenue payment media for  use  on  a  train,
bus, or ferry the collection or handling of revenues therefrom; a person
whose  official  duties  include  the  maintenance,  repair, inspection,
troubleshooting, testing or cleaning of  buses  or  ferries,  a  transit
signal  system,  elevated  or underground subway tracks, transit station
structure, including fare equipment,  escalators,  elevators  and  other

equipment  necessary  to  passenger  service,  commuter  rail  tracks or
stations, train yard,  revenue  train  in  passenger  service,  a  ferry
station,  or a train or bus station or terminal; or a supervisor of such
personnel, employed by any transit or commuter rail 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, terminal cleaner, station customer  assistant,  traffic
checker;  person whose official duties include the sale or collection of
tickets, passes, vouchers or other revenue payment media for  use  on  a
train,  bus,  or  ferry  or  the  collection  or  handling  of  revenues
therefrom; a person  whose  official  duties  include  the  maintenance,
repair,  inspection,  troubleshooting,  testing  or cleaning of buses or
ferries, a transit signal system, elevated or underground subway tracks,
transit  station  structure,  including  fare   equipment,   escalators,
elevators  and  other equipment necessary to passenger service, commuter
rail tracks or stations, train yard, revenue train in passenger service,
a ferry station, or a train or bus station or terminal; or a  supervisor
of  such  personnel,  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,  cleaning of a train or bus station or
terminal, assisting customers, checking traffic, the sale or  collection
of tickets, passes, vouchers, or other revenue media for use on a train,
bus,  or ferry or maintenance or cleaning of a train, a bus, a ferry, or
bus station or terminal, signal system, elevated or  underground  subway
tracks, transit station structure, including fare equipment, escalators,
elevators  and  other equipment necessary to passenger service, commuter
rail tracks or stations,  train  yard  or  revenue  train  in  passenger
service,  a  ferry station, 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
* NB Effective July 19, 2024
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.