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Assault

Section 120.00 Assault in the third degree

 A person is guilty of assault in the third degree when:

  1. With intent to cause physical injury to another person, he causes such injury to such person or to a third person;  or

  2. He recklessly causes physical injury to another person;  or

  3. With criminal negligence, he causes physical injury to another person by means of a deadly weapon or a dangerous instrument.

 Assault in the third degree is a class A misdemeanor.
  

Section 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, police officer, a fireman, including a fireman acting as a paramedic or emergency medical technician administering first aid in the course of performance of duty as such fireman, or an emergency medical service paramedic or emergency medical service technician or medical or related personnel in a hospital emergency department, from
performing a lawful duty, by means including releasing or failing to control an animal under circumstances evincing the actors intent that the animal obstruct the lawful activity of such peace office, police officer, fireman, paramedic or technician, he causes physical injury to such peace officer, police officer, fireman, paramedic technician or medical or related personnel in a hospital emergency department; or

  4. He recklessly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument;  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.

11. With intent to cause physical injury to a train operator, ticket inspector, conductor, bus operator, or station agent 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, he or she causes physical injury to such train operator, ticket inspector, conductor, bus operator, or station agent while such employee is performing an assigned duty on, or directly related to, the operation of a train or bus.

 Assault in the second degree is a class D felony.
 

Section 120.10 Assault in the first degree

 A person is guilty of assault in the first 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 by means of a deadly weapon or a dangerous instrument;  or

  2. With intent to disfigure another person seriously and permanently, or to destroy, amputate or disable permanently a member or organ of his body, he causes such injury to such person or to a third person;  or

  3. Under circumstances evincing a depraved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes serious physical injury to another person;  or

  4. In the course of and in furtherance of the commission or attempted commission of a felony or of immediate flight therefrom, he, or another participant if there be any, causes serious physical injury to a person other than one of the participants.

 Assault in the first degree is a class B felony.
 

Section 120.13 Menacing in the first degree

A person is guilty of menacing in the first degree when he or she commits the crime of menacing in the second degree and has been previously convicted of the crime of menacing in the second degree or the crime of menacing a police officer or peace officer within the preceding ten years.

Menacing in the first degree is a class E felony.
 

Section 120.14 Menacing in the second degree

 A person is guilty of menacing in the second degree when:

 1. He or she intentionally places or attempts to place another person in reasonable fear of physical injury, serious physical injury or death by displaying a deadly weapon, dangerous instrument or what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm;  or

 2. He or she repeatedly follows a person or engages in a course of conduct or repeatedly commits acts over a period of time intentionally placing or attempting to place another person in reasonable fear of physical injury, serious physical injury or death;  or

 3. He or she commits the crime of menacing in the third degree in violation of that part of a duly served order of protection, or such order which the defendant has actual knowledge of because he or she was present in court when such order was issued, pursuant to article eight of the family court act or section 530.12 of the criminal procedure law, or an order of protection issued by a court of competent jurisdiction in another state, territorial or tribal jurisdiction, which directed the respondent or defendant to stay away from the person or persons on whose behalf the order was issued.

 Menacing in the second degree is a class A misdemeanor.
 

Section 120.15 Menacing in the third degree

 A person is guilty of menacing in the third degree when, by physical menace, he or she intentionally places or attempts to place another person in fear of death, imminent serious physical injury or physical injury.

 Menacing in the third degree is a class B misdemeanor.
 

Section 120.20 Reckless endangerment in the second degree

 A person is guilty of reckless endangerment in the second degree when he recklessly engages in conduct which creates a substantial risk of serious physical injury to another person.

 Reckless endangerment in the second degree is a class A misdemeanor.
 

Section 120.25 Reckless endangerment in the first degree

 A person is guilty of reckless endangerment in the first degree when, under circumstances evincing a depraved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person.

 Reckless endangerment in the first degree is a class D felony.

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