A person can be charged with vehicular manslaughter in the 2nd degree, in violation of NY penal law section 125.12 if the defendant commits one of the following acts:

  1. they operate a motor vehicle or a boat while intoxicated by alcohol and/or impaired by drugs and causes the death of a person.
  2. they operate a motor vehicle with a gross vehicle weight rating of more than eighteen thousand pounds which contains flammable gas, radioactive materials or explosives while impaired or intoxicated by alcohol and/or drugs and causes the death of another person.
  3. they operate a snowmobile or an all-terrain vehicle while intoxicated by alcohol and/or impaired by drugs causes the death of another person.