New York Laws
Article 120 - Assault and Related Offenses
120.05 - Assault in the Second Degree.

(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; or
11. With intent to cause physical injury to a train operator, ticket
inspector, conductor, signalperson, bus operator, station agent, station
cleaner, terminal cleaner, station customer assistant; person whose
official duties include the sale or collection of tickets, passes,
vouchers, or other revenue payment media for use on a train or bus or
the collection or handling of revenues therefrom; a person whose
official duties include the maintenance, repair, inspection,
troubleshooting, testing or cleaning of buses, a transit signal system,
elevated or underground subway tracks, transit station structure,
including fare equipment, escalators, elevators and other equipment
necessary to passenger service, commuter rail tracks or stations, train
yard, revenue train in passenger service, or a train or bus station or

terminal; or a supervisor of such personnel, employed by any transit or
commuter rail 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 school crossing guard appointed pursuant
to section two hundred eight-a of the general municipal law, a traffic
enforcement officer, traffic enforcement agent, prosecutor as defined in
subdivision thirty-one of section 1.20 of the criminal procedure law,
sanitation enforcement agent, New York city sanitation worker, public
health sanitarian, New York city public health sanitarian, registered
nurse, licensed practical nurse, emergency medical service paramedic, or
emergency medical service technician, he or she causes physical injury
to such train operator, ticket inspector, conductor, signalperson, bus
operator, station agent, station cleaner, terminal cleaner, station
customer assistant; person whose official duties include the sale or
collection of tickets, passes, vouchers or other revenue payment media
for use on a train or bus or the collection or handling of revenues
therefrom; a person whose official duties include the maintenance,
repair, inspection, troubleshooting, testing or cleaning of buses, a
transit signal system, elevated or underground subway tracks, transit
station structure, including fare equipment, escalators, elevators and
other equipment necessary to passenger service, commuter rail tracks or
stations, train yard, revenue train in passenger service, or a train or
bus station or terminal; or a supervisor of such personnel, city
marshal, school crossing guard appointed pursuant to section two hundred
eight-a of the general municipal law, traffic enforcement officer,
traffic enforcement agent, prosecutor as defined in subdivision
thirty-one of section 1.20 of the criminal procedure law, registered
nurse, licensed practical nurse, public health sanitarian, New York city
public health sanitarian, sanitation enforcement agent, New York city
sanitation worker, emergency medical service paramedic, or emergency
medical service technician, while such employee is performing an
assigned duty on, or directly related to, the operation of a train or
bus, cleaning of a train or bus station or terminal, assisting
customers, the sale or collection of tickets, passes, vouchers, or other
revenue media for use on a train or bus, or maintenance or cleaning of a
train, a bus, or bus station or terminal, signal system, elevated or
underground subway tracks, transit station structure, including fare
equipment, escalators, elevators and other equipment necessary to
passenger service, commuter rail tracks or stations, train yard or
revenue train in passenger service, or such city marshal, school
crossing guard, traffic enforcement officer, traffic enforcement agent,
prosecutor as defined in subdivision thirty-one of section 1.20 of the
criminal procedure law, registered nurse, licensed practical nurse,
public health sanitarian, New York city public health sanitarian,
sanitation enforcement agent, New York city sanitation worker, emergency
medical service paramedic, or emergency medical service technician is
performing an assigned duty; or
11-a. With intent to cause physical injury to an employee of a local
social services district directly involved in investigation of or
response to alleged abuse or neglect of a child, vulnerable elderly
person or an incompetent or physically disabled person, the actor, not
being such child, vulnerable elderly person or incompetent or physically
disabled person, or with intent to prevent an employee of a local social
services district directly involved in providing public assistance and
care from performing his or her job, causes physical injury to such
employee; or
11-b. With intent to cause physical injury to an employee of the New
York city housing authority performing his or her lawful duties while

located on housing project grounds, real property, or a building owned,
managed, or operated by such authority he or she causes physical injury
to such employee; or
11-c. With intent to cause physical injury to an employee providing
direct patient care, who is not a nurse pursuant to title eight of the
education law, whose principal employment responsibility is to carry out
direct patient care for one or more patients in any hospital, nursing
home, residential health care facility, general hospital, government
agency including any chronic disease hospital, maternity hospital,
outpatient department, emergency center or surgical center under article
twenty-eight of the public health law, he or she causes physical injury
to such employee providing direct patient care while such employee is
performing a lawful duty; or
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; or
13. Being confined to a secure treatment facility, as such term is
defined in subdivision (o) of section 10.03 of the mental hygiene law,
and with intent to cause physical injury to an employee of such secure
treatment facility performing his or her duties, he or she causes such
injury to such person; or
14. With intent to prevent or obstruct a process server, as defined in
section eighty-nine-t of the general business law, from performing a
lawful duty pursuant to article three of the civil practice law and
rules, or intentionally, as retaliation against such a process server
for the performance of the process server's duties pursuant to such
article, including by means of releasing or failing to control an animal
evincing the actor's intent that the animal prevent or obstruct the
lawful duty of the process server or as retaliation against the process
server, he or she causes physical injury to such process server.
Assault in the second degree is a class D felony.

Structure New York Laws

New York Laws

PEN - Penal

Part 3 - Specific Offenses

Title H - Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint and Intimidation

Article 120 - Assault and Related Offenses

120.00 - Assault in the Third Degree.

120.01 - Reckless Assault of a Child by a Child Day Care Provider.

120.02 - Reckless Assault of a Child.

120.03 - Vehicular Assault in the Second Degree.

120.04 - Vehicular Assault in the First Degree.

120.04-A - Aggravated Vehicular Assault.

120.05 - Assault in the Second Degree.

120.06 - Gang Assault in the Second Degree.

120.07 - Gang Assault in the First Degree.

120.08 - Assault on a Peace Officer, Police Officer, Firefighter or Emergency Medical Services Professional.

120.09 - Assault on a Judge.

120.10 - Assault in the First Degree.

120.11 - Aggravated Assault Upon a Police Officer or a Peace Officer.

120.12 - Aggravated Assault Upon a Person Less Than Eleven Years Old.

120.13 - Menacing in the First Degree.

120.14 - Menacing in the Second Degree.

120.15 - Menacing in the Third Degree.

120.16 - Hazing in the First Degree.

120.17 - Hazing in the Second Degree.

120.18 - Menacing a Police Officer or Peace Officer.

120.20 - Reckless Endangerment in the Second Degree.

120.25 - Reckless Endangerment in the First Degree.

120.30 - Promoting a Suicide Attempt.

120.35 - Promoting a Suicide Attempt; When Punishable as Attempt to Commit Murder.

120.40 - Definitions.

120.45 - Stalking in the Fourth Degree.

120.50 - Stalking in the Third Degree.

120.55 - Stalking in the Second Degree.

120.60 - Stalking in the First Degree.

120.70 - Luring a Child.