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New York Consolidated Laws

N.Y. Penal Law § 121.11 (2026)

Criminal obstruction of breathing or blood circulation

✓ current as of May 2026
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§ 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.
Notes of Decisions
Cited in 116 cases (42 in the last 5 years), 2013–2026 · leading case: People v. Figueroa, 40 Misc. 3d 1010 (Rye City Ct. 2013).
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People v. Figueroa, 40 Misc. 3d 1010 (Rye City Ct. 2013). · cites it 16× “The defendant is charged by a misdemeanor information with violating Penal Law § 121.11 (criminal obstruction of breathing) and Penal Law § 240.”
People v. Peterson, 118 A.D.3d 1151 (N.Y. App. Div. 2014). · cites it 3× “To convict defendant of strangulation in the second degree, the People were required to prove that he applied pressure to the throat or neck of the victim with the intent to impede her normal breathing or circulation of blood, and thereby caused her to suffer stupor or loss of…”
People v. Suazo, 118 N.E.3d 168 (N.Y. 2018). · cites it 2× “[FN11] Defendant is correct that at least one of the charges lodged against him—criminal obstruction of breathing or blood circulation ( see Penal Law § 121.11)—qualified as a deportable offense.”
Walston v. City of N.Y., 289 F. Supp. 3d 398 (E.D.N.Y 2018). “, choking), assault, and harassment in violation of Penal Law §§ 121.11, 120.00(1) and 240.26(1).”
People v. Carte, 113 A.D.3d 191 (N.Y. App. Div. 2013). · cites it 3× “Donnino, Practice Commentary, McKinney’s Cons Laws of NY, Book 39, Penal Law § 121.11, 2013 Pocket Part at 38).”
People v. Ward, 141 A.D.3d 853 (N.Y. App. Div. 2016). “People were required to prove that he applied pressure to the throat or neck of the victim with the intent to impede her normal breathing or circulation of blood, and thereby caused her to suffer stupor or loss of consciousness for any period of time, or any other physical…”
People v. Peasley, 2022 NY Slip Op 05186 (N.Y. App. Div. 2022). · cites it 2× “As relevant here, "[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 . . . applies pressure on the throat or neck of such person[,] or .”
People v. Briggs, 129 A.D.3d 1201 (N.Y. App. Div. 2015). “Further, in order to sustain a conviction of criminal obstruction of breathing or blood circulation, the People had to show that defendant “applie[d] pressure on the throat'or neck” of a person “with intent to impede the normal breathing or circulation of the blood of [such]…”
People v. Haardt, 129 A.D.3d 1322 (N.Y. App. Div. 2015). “applies pressure on the throat or neck of such person” (Penal Law § 121.11 [a]). As to the assault charge, “[a] person is guilty of assault in the third degree when[,] .”
People v. Howard, 119 A.D.3d 1090 (N.Y. App. Div. 2014). “Dealing first with the validity of the guilty plea, defendant admitted to choking the victim, but initially denied having the requisite intent to prevent her from breathing normally (see Penal Law §§ 121.11, 121.12). Defendant then conferred with his attorney, however, and…”
People v. McCabe, 182 A.D.3d 772 (N.Y. App. Div. 2020). “As to strangulation in the first degree, the People had to prove that defendant intended "to impede the normal breathing or circulation of the blood of another person [by applying] pressure on the throat or neck of such person" and "thereby causing serious physical injury to…”
Matter of Cherkasky, 120 N.Y.S.3d 325 (N.Y. App. Div. 2020). “" Thereafter, respondent was convicted, after a non-jury trial, of criminal obstruction of breathing or blood circulation (Penal Law § 121.11[a]) and assault in the third degree (Penal Law § 120.”
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