§ 125.12 Vehicular manslaughter in the second degree.\n A person is guilty of vehicular manslaughter in the second degree when\nhe or she causes the death of another person, and either:\n (1) operates a motor vehicle in violation of subdivision two, three,\nfour or four-a of section eleven hundred ninety-two of the vehicle and\ntraffic law or operates a vessel or public vessel in violation of\nparagraph (b), (c), (d) or (e) of subdivision two of section\nforty-nine-a of the navigation law, and as a result of such intoxication\nor impairment by the use of a drug, or by the combined influence of\ndrugs or of alcohol and any drug or drugs, operates such motor vehicle,\nvessel or public vessel in a manner that causes the death of such other\nperson, or\n (2) operates a motor vehicle with a gross vehicle weight rating of\nmore than eighteen thousand pounds which contains flammable gas,\nradioactive materials or explosives in violation of subdivision one of\nsection eleven hundred ninety-two of the vehicle and traffic law, and\nsuch flammable gas, radioactive materials or explosives is the cause of\nsuch death, and as a result of such impairment by the use of alcohol,\noperates such motor vehicle in a manner that causes the death of such\nother person, or\n (3) operates a snowmobile in violation of paragraph (b), (c) or (d) of\nsubdivision one of section 25.24 of the parks, recreation and historic\npreservation law or operates an all terrain vehicle as defined in\nparagraph (a) of subdivision one of section twenty-two hundred\neighty-one of the vehicle and traffic law in violation of subdivision\ntwo, three, four, or four-a of section eleven hundred ninety-two of the\nvehicle and traffic law, and as a result of such intoxication or\nimpairment by the use of a drug, or by the combined influence of drugs\nor of alcohol and any drug or drugs, operates such snowmobile or all\nterrain vehicle in a manner that causes the death of such other person.\n If it is established that the person operating such motor vehicle,\nvessel, public vessel, snowmobile or all terrain vehicle caused such\ndeath while unlawfully intoxicated or impaired by the use of alcohol or\na drug, then there shall be a rebuttable presumption that, as a result\nof such intoxication or impairment by the use of alcohol or a drug, or\nby the combined influence of drugs or of alcohol and any drug or drugs,\nsuch person operated the motor vehicle, vessel, public vessel,\nsnowmobile or all terrain vehicle in a manner that caused such death, as\nrequired by this section.\n Vehicular manslaughter in the second degree is a class D felony.\n
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