New York Consolidated Laws

N.Y. Penal Law § 125.22 (2026)

Aggravated manslaughter in the first degree

✓ current as of May 2026

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§ 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.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2007–2021 · leading case: People v. Villanueva, 136 A.D.3d 1068 (N.Y. App. Div. 2016).

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People v. Villanueva, 136 A.D.3d 1068 (N.Y. App. Div. 2016). “The evidence, when properly weighed, did not prove, beyond a reasonable doubt, that the defendant intended to seriously injure the victim (see Penal Law § 125.22). Rather, the evidence supports a finding that the victim’s fatal head wound was recklessly caused by the defendant…”

Villanueva v. Griffin (E.D.N.Y 2021). “Villanueva, 136 A.D.3d at 1068–69. That charge requires only a showing of recklessness, so evidence of petitioner’s intent to cause serious injury was not necessary to establish the required mens rea.”

People v. Banyan, 15 Misc. 3d 425 (N.Y. Sup. Ct. 2007). “11), aggravated manslaughter in the first degree (Penal Law § 125.22), aggravated manslaughter in the second degree (Penal Law § 125.”

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