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 125 - Homicide and Related Offenses › 125.13 - Vehicular Manslaughter in the First Degree.

§ 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;
(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;
(6)  commits  such crime while operating a motor vehicle while a child
who is fifteen years of age or less is a passenger in such motor vehicle
and causes the death of such child; or
(7) commits such crime  while  operating  a  vessel  in  violation  of
paragraph  (e-1)  of  subdivision  two  of  section  forty-nine-a of the
navigation law while a child who is fifteen years of age or  less  is  a
passenger in such vessel and causes the death of such child.
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.