New York statute
N.Y. Penal Law § 125.12 — Vehicular manslaughter in the second degree
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 125: Homicide and Related Offenses, New York Penal Law.
Criminal charges under this statute
Full text of N.Y. Penal Law § 125.12
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
125.12 Vehicular manslaughter in the second degree.
A person is guilty of vehicular manslaughter in the second degree when
he or she causes the death of another person, and either:
(1) operates a motor vehicle in violation of subdivision two, three,
four or four-a of section eleven hundred ninety-two of the vehicle and
traffic law or operates a vessel or public vessel in violation of
paragraph (b), (c), (d) or (e) of subdivision two of section
forty-nine-a of the navigation law, and as a result of such intoxication
or impairment by the use of a drug, or by the combined influence of
drugs or of alcohol and any drug or drugs, operates such motor vehicle,
vessel or public vessel in a manner that causes the death of such other
person, or
(2) operates a motor vehicle with a gross vehicle weight rating of
more than eighteen thousand pounds which contains flammable gas,
radioactive materials or explosives in violation of subdivision one of
section eleven hundred ninety-two of the vehicle and traffic law, and
such flammable gas, radioactive materials or explosives is the cause of
such death, and as a result of such impairment by the use of alcohol,
operates such motor vehicle in a manner that causes the death of such
other person, or
(3) operates a snowmobile in violation of paragraph (b), (c) or (d) of
subdivision one of section 25.24 of the parks, recreation and historic
preservation law or operates an all terrain vehicle as defined in
paragraph (a) of subdivision one of section twenty-two hundred
eighty-one of the vehicle and traffic law in violation of subdivision
two, three, four, or four-a of section eleven hundred ninety-two of the
vehicle and traffic law, and as a result of such intoxication or
impairment by the use of a drug, or by the combined influence of drugs
or of alcohol and any drug or drugs, operates such snowmobile or all
terrain vehicle in a manner that causes the death of such other person.
If it is established that the person operating such motor vehicle,
vessel, public vessel, snowmobile or all terrain vehicle caused such
death while unlawfully intoxicated or impaired by the use of alcohol or
a drug, 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, vessel, public vessel,
snowmobile or all terrain vehicle in a manner that caused such death, as
required by this section.
Vehicular manslaughter in the second degree is a class D felony.
Official sources
Legal terms used in this section
Questions this section answers
What class of felony is vehicular manslaughter in the second degree in New York?
Vehicular manslaughter in the second degree is a Class D Felony in New York under N.Y. Penal Law § 125.12.
Which New York statute covers vehicular manslaughter in the second degree?
Vehicular manslaughter in the second degree is governed by N.Y. Penal Law § 125.12 (Vehicular manslaughter in the second degree).
This reference is informational and is not legal advice.