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,  sanitation  enforcement  agent,  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 traffic  enforcement  officer  or  traffic  enforcement  agent,  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,   sanitation   enforcement   agent,  firefighter,  paramedic,  technician,  city marshal, traffic enforcement  officer or traffic enforcement agent, he or she causes  physical  injury  to  such  peace  officer,  police officer, sanitation enforcement agent,  firefighter, paramedic, technician or medical or related personnel in  a  hospital emergency department, city marshal, traffic enforcement officer  or traffic enforcement agent; or    * NB Effective until November 1, 2010    * 3.  With  intent  to  prevent  a  peace  officer,  a police officer,  registered  nurse,  licensed  practical  nurse,  sanitation  enforcement  agent,  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  traffic  enforcement  officer  or  traffic  enforcement  agent, 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,  registered  nurse,  licensed  practical  nurse,  sanitation  enforcement  agent,  firefighter,  paramedic,  technician,  city   marshal,   traffic  enforcement  officer  or  traffic  enforcement  agent,  he or she causes  physical injury to such peace officer, police officer, registered nurse,  licensed practical nurse,  sanitation  enforcement  agent,  firefighter,  paramedic,  technician  or  medical  or  related personnel in a hospital  emergency department,  city  marshal,  traffic  enforcement  officer  or  traffic enforcement agent; or    * NB Effective November 1, 2010    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;  or7. 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,  signalperson,  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,  a  city  marshal,  a traffic enforcement officer, traffic  enforcement agent or sanitation enforcement  agent,  he  or  she  causes  physical  injury  to  such  train operator, ticket inspector, conductor,  signalperson, bus operator  or  station  agent,  city  marshal,  traffic  enforcement officer, traffic enforcement agent or sanitation enforcement  agent,  while  such  employee  is  performing  an  assigned  duty on, or  directly related to, the operation of a  train  or  bus,  or  such  city  marshal,  traffic  enforcement  officer,  traffic  enforcement  agent or  sanitation enforcement agent is performing an assigned duty.    * NB Effective until November 1, 2010    * 11. With intent to cause physical injury to a train operator, ticket  inspector,  conductor,  signalperson,  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, a city marshal, a  traffic  enforcement  officer,  traffic  enforcement  agent,  registered  nurse  or  licensed  practical nurse or  sanitation enforcement agent he or she causes physical  injury  to  such  train  operator, ticket inspector, conductor, signalperson, bus operator  or station agent, city marshal,  traffic  enforcement  officer,  traffic  enforcement  agent,  registered  nurse  or  licensed  practical nurse or  sanitation enforcement agent,  while  such  employee  is  performing  an  assigned  duty  on,  or directly related to, the operation of a train or  bus,  or  such  city  marshal,  traffic  enforcement  officer,   traffic  enforcement  agent,  registered  nurse  or  licensed  practical nurse or  sanitation enforcement agent is performing an assigned duty.    * NB Effective November 1, 2010    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.    Assault in the second degree is a class D felony.