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 § 121.13 (2026)

Strangulation in the first degree

✓ current as of May 2026
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§ 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.
Notes of Decisions
Cited in 14 cases (1 in the last 5 years), 2013–2024 · leading case: People v. Ryder, 146 A.D.3d 1022 (N.Y. App. Div. 2017).
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People v. Ryder, 146 A.D.3d 1022 (N.Y. App. Div. 2017). “Finally, we reach the same conclusion as to the proof in sup *1026 port of the charge of strangulation in the first degree, which required the People to prove that the victim sustained a “serious physical injury” (Penal Law § 121.13). To establish this element, the proof must…”
People v. McCloud, 121 A.D.3d 1286 (N.Y. App. Div. 2014). “12 [enacted after defendant’s conviction, creating new crime of “strangulation in the second degree”]; Penal Law § 121.13). . Notably, the time of day was helpful to clarify certain charges, particularly the three counts of attempted assault in the second degree based on…”
People v. Carte, 113 A.D.3d 191 (N.Y. App. Div. 2013). “Such acts resulting in “stupor, loss of consciousness for any period of time, or any other physical injury or impairment” constitute the felony of strangulation in the second degree (Penal Law § 121.”
Lawrence v. Decker (D.N.J. 2020). · cites it 2× “10 (2A); Strangulation in the 1st Degree Obstructing Breath/Blood Circulation, in violation of N.Y. Penal Law § 121.13 ; and Assault in the 3rd Degree in violation of N.”
Sophia v. Decker (D.N.J. 2020). · cites it 2× “10 (2A); Strangulation in the 1st Degree Obstructing Breath/Blood Circulation, in violation of N.Y. Penal Law § 121.13 ; and Assault in the 3rd Degree in violation of N.”
Cruz v. Decker (D.N.J. 2020). · cites it 2× “10 (2A); Strangulation in the 1st Degree Obstructing Breath/Blood Circulation, in violation of N.Y. Penal Law § 121.13 ; and Assault in the 3rd Degree in violation of N.”
Hernandez v. Decker (D.N.J. 2020). · cites it 2× “10 (2A); Strangulation in the 1st Degree Obstructing Breath/Blood Circulation, in violation of N.Y. Penal Law § 121.13 ; and Assault in the 3rd Degree in violation of N.”
Elkhier v. Decker (D.N.J. 2020). · cites it 2× “10 (2A); Strangulation in the 1st Degree Obstructing Breath/Blood Circulation, in violation of N.Y. Penal Law § 121.13 ; and Assault in the 3rd Degree in violation of N.”
Portillo v. Decker (D.N.J. 2020). · cites it 2× “10 (2A); Strangulation in the 1st Degree Obstructing Breath/Blood Circulation, in violation of N.Y. Penal Law § 121.13 ; and Assault in the 3rd Degree in violation of N.”
Barnebougle v. Decker (D.N.J. 2020). · cites it 2× “10 (2A); Strangulation in the 1st Degree Obstructing Breath/Blood Circulation, in violation of N.Y. Penal Law § 121.13 ; and Assault in the 3rd Degree in violation of N.”
L.W. v. J.U., 2024 NY Slip Op 50879(U) (N.Y. Sup. Ct., Westchester Cty. 2024). “Pertaining to strangulation in the first degree, under Penal Law § 121.13: "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.”
PeoplevMcCloud (N.Y. App. Div. 2014). “12 [enacted after defendant's conviction, creating new crime of "strangulation in the second degree"]; Penal Law § 121.13). -5- 102780 see also People v Ivy, 217 AD2d 948, 949 [1995], lv denied 86 NY2d 843 [1995]).”
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