New York Penal Code 121.11 – Criminal Obstruction of Breathing or Blood Circulation
Hey there! This article will give you the lowdown on New York Penal Code 121.11, which covers the crime of criminal obstruction of breathing or blood circulation. We’ll break it down in simple terms, going over what it means, real world examples, penalties, and defenses. Ready to learn all about this law in a conversational way? Let’s dive in!
What is NY Penal Code 121.11?
In plain English, NY Penal Code 121.11 makes it illegal to intentionally block someone’s ability to breathe or circulate blood normally. This law covers anything you do to keep someone from breathing freely or circulating blood through their body. Most often, it applies to choking or strangulation.
The technical legal definition from the law itself says a person is guilty “when, with intent to impede the normal breathing or circulation of the blood of another person, he or she:
Need Help With Your Case?
Don't face criminal charges alone. Our experienced defense attorneys are ready to fight for your rights and freedom.
- 100% Confidential
- Response Within 1 Hour
- No Obligation Consultation
Or call us directly:
(212) 300-5196- Applies pressure on the throat or neck of such person; or
- Blocks the nose or mouth of such person.
So in plain English – it’s using physical force to block someone’s airway or blood flow. This includes putting pressure on their throat, choking them, covering their mouth or nose, etc. The key is it has to be intentional, not an accident.
Real World Examples
Here are some real world examples of criminal obstruction of breathing or blood circulation:
Todd Spodek
Lead Attorney & Founder
Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.
After a heated argument with your roommate, they called the police and claimed you grabbed them by the throat during the dispute. You were arrested and charged under NY Penal Code 121.11, even though you believe the contact was brief and didn't cause any injury.
Can I really be charged with criminal obstruction of breathing if I didn't actually hurt anyone or leave any marks?
Under NY Penal Code 121.11, the prosecution does not need to prove that you caused visible injury or lasting harm — they only need to show that you intentionally applied pressure to the throat, neck, or nose/mouth area in a way that could impede normal breathing or blood circulation. This offense is classified as a Class A misdemeanor, carrying up to one year in jail and a three-year probation term. However, a strong defense may challenge the credibility of the accuser's account, argue that the contact was incidental rather than intentional, or raise self-defense under NY Penal Law Article 35. An experienced criminal defense attorney can examine the evidence, including any 911 recordings, witness statements, and medical records, to build the strongest possible case for dismissal or reduction of the charges.
This is general information only. Contact us for advice specific to your situation.
- A boyfriend choking his girlfriend during an argument
- A bar fight where one person puts another in a chokehold
- A parent covering their child’s mouth and nose as punishment
- An abusive spouse strangling their partner
- A robber putting their victim in a chokehold
As you can see, it covers any situation where someone deliberately restricts another person’s oxygen or blood flow. Choking and strangulation are the most common ways it happens.
