§ 125.14 Aggravated vehicular homicide.\n A person is guilty of aggravated vehicular homicide when he or she\nengages in reckless driving as defined by section twelve hundred twelve\nof the vehicle and traffic law, and commits the crime of vehicular\nmanslaughter in the second degree as defined in section 125.12 of this\narticle, and either:\n (1) commits such crimes while operating a motor vehicle while such\nperson has .18 of one per centum or more by weight of alcohol in such\nperson's blood as shown by chemical analysis of such person's blood,\nbreath, urine or saliva made pursuant to the provisions of section\neleven hundred ninety-four of the vehicle and traffic law;\n (2) commits such crimes while knowing or having reason to know that:\n(a) his or her license or his or her privilege of operating a motor\nvehicle in another state or his or her privilege of obtaining a license\nto operate a motor vehicle in another state is suspended or revoked and\nsuch suspension or revocation is based upon a conviction in such other\nstate for an offense which would, if committed in this state, constitute\na violation of any of the provisions of section eleven hundred\nninety-two of the vehicle and traffic law; or (b) his or her license or\nhis or her privilege of operating a motor vehicle in this state or his\nor her privilege of obtaining a license issued by the commissioner of\nmotor vehicles is suspended or revoked and such suspension or revocation\nis based upon either a refusal to submit to a chemical test pursuant to\nsection eleven hundred ninety-four of the vehicle and traffic law or\nfollowing a conviction for a violation of any of the provisions of\nsection eleven hundred ninety-two of the vehicle and traffic law;\n (3) has previously been convicted of violating any of the provisions\nof section eleven hundred ninety-two of the vehicle and traffic law\nwithin the preceding ten years, provided that, for the purposes of this\nsubdivision, a conviction in any other state or jurisdiction for an\noffense which, if committed in this state, would constitute a violation\nof section eleven hundred ninety-two of the vehicle and traffic law,\nshall be treated as a violation of such law;\n (4) causes the death of more than one other person;\n (5) causes the death of one person and the serious physical injury of\nat least one other person;\n (6) has previously been convicted of violating any provision of this\narticle or article one hundred twenty of this title involving the\noperation of a motor vehicle, or was convicted in any other state or\njurisdiction of an offense involving the operation of a motor vehicle\nwhich, if committed in this state, would constitute a violation of this\narticle or article one hundred twenty of this title; or\n (7) commits such crime while operating a motor vehicle while a child\nwho is fifteen years of age or less is a passenger in such motor vehicle\nand causes the death of such child.\n If it is established that the person operating such motor vehicle\ncaused such death or deaths while unlawfully intoxicated or impaired by\nthe use of alcohol or a drug, or by the combined influence of drugs or\nof alcohol and any drug or drugs, then there shall be a rebuttable\npresumption that, as a result of such intoxication or impairment by the\nuse of alcohol or a drug, or by the combined influence of drugs or of\nalcohol and any drug or drugs, such person operated the motor vehicle in\na manner that caused such death or deaths, as required by this section\nand section 125.12 of this article.\n Aggravated vehicular homicide is a class B felony.\n
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