{"jurisdiction": "us-ny", "code": "penal", "section": "125.22", "citation": "Penal Law § 125.22", "heading": "Aggravated manslaughter in the first degree", "text": ["§ 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_source": "https://www.nysenate.gov/legislation/laws/PEN/125.22", "from_official_api": true, "plain_english": "A person commits first-degree aggravated manslaughter when, the victim being an **on-duty police or peace officer** whom the defendant knew or reasonably should have known was such an officer:\n- **(1)** the person intends **serious physical injury** to the officer and **causes the death of that officer or another police or peace officer**; or\n- **(2)** the person intends the officer's **death** and **causes the death of that officer or another police or peace officer under extreme emotional disturbance** (as defined in § 125.25(1)(a)), so the killing is not murder. ★ EED is a **mitigating circumstance reducing murder to first-degree aggravated manslaughter or first-degree manslaughter**, and it **need not be proved** in a prosecution under this subdivision.\nIt is a **class B felony**.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/125.22", "publisher": "Elyphived LLC"}