NY Penal Law § 121.12: Strangulation in the Second Degree

Understanding Strangulation and Choking Laws

To cause someone to stop breathing or to obstruct that person’s ability to breathe is against the law. Such actions are considered extremely serious by New York law enforcement because they frequently lead to severe injuries and even death. There are 3 criminal offenses under New York law related to choking or strangling another individual. One of these offenses is strangulation in the second degree.

Strangulation in the Second Degree

Pursuant to New York Penal Code § 121.12, you can be charged and prosecuted for strangulation in the second degree if you apply pressure on the throat or neck of another individual, or block another person’s nose or mouth, with intent to impede that person’s usual breathing or circulation of blood. For this charge, your action will have had to cause that person to:

• Fall into a stupor or near-unconsciousness,
• Completely lose consciousness, or
• Sustain a physical injury