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New York statute

N.Y. Penal Law § 125.22 — Aggravated manslaughter in the first 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 § 125.22

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.

N.Y. Penal Law § 125.22Primary source, current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
125.22 Aggravated manslaughter in the first degree. A person is guilty of aggravated manslaughter in the first degree when: 1. with intent to cause serious physical injury to a police officer or peace officer, where such officer was in the course of performing his or her official duties and the defendant knew or reasonably should have known that such victim was a police officer or a peace officer, he or she causes the death of such officer or another police officer or peace officer; or 2. with intent to cause the death of a police officer or peace officer, where such officer was in the course of performing his or her official duties and the defendant knew or reasonably should have known that such victim was a police officer or peace officer, he or she causes the death of such officer or another police officer or peace officer under circumstances which do not constitute murder because he or she acts under the influence of extreme emotional disturbance, as defined in paragraph (a) of subdivision one of section 125.25. The fact that homicide was committed under the influence of extreme emotional disturbance constitutes a mitigating circumstance reducing murder to aggravated manslaughter in the first degree or manslaughter in the first degree and need not be proved in any prosecution initiated under this subdivision. Aggravated manslaughter in the first degree is a class B felony.

Official sources

Legal terms used in this section

Questions this section answers

What class of felony is aggravated manslaughter in the first degree in New York?

Aggravated manslaughter in the first degree is a Class B Felony in New York under N.Y. Penal Law § 125.22.

Which New York statute covers aggravated manslaughter in the first degree?

Aggravated manslaughter in the first degree is governed by N.Y. Penal Law § 125.22 (Aggravated manslaughter in the first degree).

This reference is informational and is not legal advice.