AGGRAVATED VEHICULAR ASSAULT (Serious Physical Injury of a Child) Penal Law § 120.04-a (6) (Committed on or after Dec. 18, 2009) The (specify) count is Aggravated Vehicular Assault. Under our law, a person is guilty of Aggravated Vehicular Assault when he or she engages in Reckless Driving1 and commits the crime of Vehicular Assault in the Second Degree2 and does so3 while operating a motor vehicle while a child who is fifteen years of age or less is a passenger in such motor vehicle and causes serious physical injury to such child. The following terms used in that definition have a special meaning: A person ENGAGES IN RECKLESS DRIVING when that person drives or uses any motor vehicle,4 in a manner which unreasonably interferes with the free and proper use of a public highway, road, street, or avenue, or unreasonably endangers At this point, the statute continues: “as defined by section twelve 1 hundred twelve of the vehicle and definition is utilized in traffic law.” That this charge in the definition of “reckless driving.” At this point, the in section 120.03 statute continues: “as defined 2 of this article.” For clarity and conformity to the charge for Penal Law § 120.04-a 3 (1), the "and does so" is substituted for the statutory language of: "and commits such crime." At this point, the statute continues: or any other “motorcycle 4 vehicle propelled by any power other than a muscular power or any appliance or & Traffic Law § 1212). Such accessory thereof.” (Vehicle language has been omitted here due to the all encompassing term “motor
AGGRAVATED VEHICULAR ASSAULT (Serious Physical Injury of a Child) Penal Law § 120.04-a (6) (Committed on or after Dec. 18, 2009) The (specify) count is Aggravated Vehicular Assault. Under our law, a person is guilty of Aggravated Vehicular Assault when he or she engages in Reckless Driving1 and commits the crime of Vehicular Assault in the Second Degree2 and does so3 while operating a motor vehicle while a child who is fifteen years of age or less is a passenger in such motor vehicle and causes serious physical injury to such child. The following terms used in that definition have a special meaning: A person ENGAGES IN RECKLESS DRIVING when that person drives or uses any motor vehicle,4 in a manner which unreasonably interferes with the free and proper use of a public highway, road, street, or avenue, or unreasonably endangers 1 At this point, the statute continues: “as defined by section twelve hundred twelve of the vehicle and traffic law.” That definition is utilized in this charge in the definition of “reckless driving.” 2 At this point, the statute continues: “as defined in section 120.03 of this article.” 3 For clarity and conformity to the charge for Penal Law § 120.04-a (1), the "and does so" is substituted for the statutory language of: "and commits such crime." 4 At this point, the statute continues: “motorcycle or any other vehicle propelled by any power other than a muscular power or any appliance or accessory thereof.” (Vehicle & Traffic Law § 1212). Such language has been omitted here due to the all encompassing term “motor