Criminal obstruction of breathing is a crime that occurs when someone intentionally impedes the normal breathing or circulation of the blood of another person, with the intent to impede the normal breathing or circulation of the blood of that person. This can be done by applying pressure on the throat or neck of the person or by blocking the nose or mouth of the person. It is important to note that there is no legal requirement that the act caused actual injury or that the other persons normal breathing or circulation was impaired. The element of intent is critical in this crime, and if the accused can show that their intent was not to impede the normal breathing or circulation of the blood of the person, then they have a defense to the charge of criminal obstruction of breathing or blood circulation.
Criminal obstruction of breathing or blood circulation is classified as a family offense, which means that if the choking occurred in relation to a domestic violence incident, the prosecution of the case may be subject to the special rules related to concurrent jurisdiction under Criminal Procedure Law ยง 140.10(4) . If convicted of criminal obstruction of breathing or blood circulation, the maximum sentence that can be received is one year in jail, and it is also possible for the judge to sentence the accused to no jail time. Instead, the sentence may be a probation term of three years.
