Strangulation Law

NY. PENAL LAW § 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.

NY. PENAL LAW § 121.12. STRANGULATION IN THE SECOND DEGREE 

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.

NY. PENAL LAW § 121.13. STRANGULATION IN THE FIRST DEGREE 

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.

NY. PENAL LAW § 121.13-a AGGRAVATED STRANGULATION 

A person is guilty of aggravated strangulation when, being a police officer as defined in subdivision thirty-four of section 1.20 of the criminal procedure law or a peace officer as defined in section 2.10 of the criminal procedure law, he or she commits the crime of criminal obstruction of breathing or blood circulation, as defined in section 121.11 of this article, or uses a chokehold or similar restraint, as described in paragraph b of subdivision one of section eight hundred thirty-seven-t of the executive law, and thereby causes serious physical injury or death to another person.

Aggravated strangulation is a class C felony.