N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint and Intimidation / ARTICLE Strangulation and Related Offenses
New York Consolidated Laws

N.Y. Penal Law § 121.12 (2026)

Strangulation in the second degree

✓ current as of May 2026
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§ 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.
Notes of Decisions
Cited in 83 cases (30 in the last 5 years), 2012–2026 · leading case: People v. Ruvalcaba, 2020 NY Slip Op 05354 (N.Y. App. Div. 2020).
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People v. Ruvalcaba, 2020 NY Slip Op 05354 (N.Y. App. Div. 2020). · cites it 7× “Memorandum: The People appeal from an order granting that part of defendant's omnibus motion seeking to dismiss or reduce count one of the indictment, charging the crime of strangulation in the second degree (Penal Law § 121.12), by reducing that count to criminal obstruction of…”
People v. Baber, 2020 NY Slip Op 2294 (N.Y. App. Div. 2020). “Deferring to the jury's credibility determinations and viewing the evidence in a neutral light, we find that the verdict is supported by the weight of the evidence ( see Penal Law §§ 121.12, 120.05 [2]; People v Ryder , 146 AD3d at 1024-1025 ; see generally People v Bleakley ,…”
People v. Ryder, 146 A.D.3d 1022 (N.Y. App. Div. 2017). “Turning to the charge of strangulation in the second degree, we reject defendant’s contention that there was a lack of evidence of “stupor, loss of consciousness for any period of time, or any other physical injury or impairment” (Penal Law § 121.12). The victim’s description of…”
People v. Leach, 137 A.D.3d 1300 (N.Y. App. Div. 2016). “In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt of strangulation in the second degree beyond a reasonable doubt {see Penal Law §…”
People v. Swift, 2021 NY Slip Op 03785 (N.Y. App. Div. 2021). “Strangulation in the second degree requires proof that the victim suffered stupor, loss of consciousness, or physical injury or impairment (Penal Law § 121.12). Inasmuch as there was no evidence that the complainant suffered stupor or loss of consciousness, defendant's guilt of…”
People v. Haardt, 129 A.D.3d 1322 (N.Y. App. Div. 2015). “Insofar as is 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”…”
People v. Manigault, 2017 NY Slip Op 3569 (N.Y. App. Div. 2017). “This evidence was legally sufficient to establish that defendant caused the requisite “stupor” in strangling the victim, and, deferring to the jury’s credibility determinations, the conclusion that defendant inflicted such a stupor is not against the weight of the evidence…”
People v. Cox, 129 A.D.3d 1210 (N.Y. App. Div. 2015). “The victim testified that she was unable to swallow solid food for about a week. We reject defendant’s argument that this evidence does not demonstrate that the victim suffered the requisite “stupor, loss of consciousness for any period of time, or any other physical injury or…”
People v. Abughanem, 2022 NY Slip Op 01938 (N.Y. App. Div. 2022). · cites it 2× “Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of strangulation in the second degree (Penal Law § 121.12), criminal obstruction of breathing or blood circulation (§ 121.”
People v. Parker, 127 A.D.3d 1425 (N.Y. App. Div. 2015). “and thereby causes stupor, loss of consciousness for any period of time, or any other physical injury or impairment” (Penal Law § 121.12; see Penal Law § 10.00 [9]).”
People v. Figueroa, 40 Misc. 3d 1010 (Rye City Ct. 2013). · cites it 3× “) In White , the defendant was charged with criminal obstruction, second degree, in violation of Penal Law § 121.12. That charge requires, in addition to the elements of Penal Law § 121.”
People v. Maxam, 135 A.D.3d 1160 (N.Y. App. Div. 2016). “Only the victim’s prior statement that she thought she would black out even remotely speaks to an ultimate and material jury issue, as the charge of strangulation in the second degree requires the victim to experience stupor or loss of consciousness (see Penal Law § 121.”
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