New York Laws

Article 121 - NY Penal Law

STRANGULATION AND RELATED OFFENSES
121.11 Criminal obstruction of breathing or blood circulation.
121.12 Strangulation in the second degree.
121.13 Strangulation in the first degree.
121.14 Medical or dental purpose.

S 121.11 Criminal obstruction of breathing or blood circulation.
  A  person  is  guilty  of  criminal  obstruction of breathing or blood
  circulation  when,  with  intent to impede the normal breathing or
  circulation of the blood of another person, he or she:
    a. applies pressure on the throat or neck of such person; or
    b. blocks the nose or mouth of such person.
  Criminal obstruction of breathing or blood circulation
  is a class A misdemeanor.

S 121.12 Strangulation in the second degree.
               *Hate Crime Specified Offense
  A  person  is  guilty of strangulation in the second degree when he or
  she commits the crime of criminal obstruction of breathing or blood
  circulation, as defined in section 121.11 of this article, and thereby
  causes stupor, loss of consciousness for any period of time, or any
  other physical injury or impairment.
  Strangulation in the second degree is a class D felony.
  *Class D Violent Felony

S 121.13 Strangulation in the first degree.
               *Hate Crime Specified Offense
  A person is guilty of strangulation in the first degree when he or she
  commits the crime of criminal obstruction of breathing or blood
  circulation, as defined in section 121.11 of this article, and thereby
  causes serious physical injury to such other person.
  Strangulation in the first degree is a class C felony.
  *Class C Violent Felony

S 121.14 Medical or dental purpose.
  For purposes of sections 121.11, 121.12 and 121.13 of this article, it
  shall be an affirmative defense that the defendant performed such
  conduct for a valid medical or dental purpose.

Top of Page