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Sponsor's memo
BILL NUMBER:S4708
Title of bill
An act to amend the penal law, in relation to affirmative defenses to strangulation and related offenses
Purpose or general idea of bill
This bill creates an affirmative defense to strangulation offenses when such conduct is performed in course of instruction or athletic competition of Judo, Jiu Jitsu, Brazilian Jiu Jitsu or Aikido.
Summary of specific provisions
Section 1 of the bill amends section 121.14 of the penal law, as added by chapter 405 of the laws of 2010, by changing the subsection title from "medical or dental purpose" to "Affirmative defenses" and adding new subsection 121.14.1 that states it shall be an affirmative defense that "the defendant performed such conduct while engaged in instruction or athletic competition of Judo, Jiu Jitsu, Brazilian Jiu Jitsu or Aikido."
This section creates an affirmative defense to the following prohibited acts pursuant to the cited penal code sections: criminal obstruction of breathing of blood circulation (Section 121.11), strangulation in the second degree (121.12) and strangulation in the first degree (121.13).
Section 2 of the bill sets forth an immediate effective date.
Justification
In 2010, New York State amended the penal law provisions concerning strangulation offenses to assist prosecutors in domestic violence cases where strangulation is often used by abusers.
While this was a necessary and important tool for prosecutors, this change has raised concerns in the organized sports of Judo, Jiu Jitsu, Brazilian Jiu Jitsu and Aikido with regard to certain maneuvers or techniques of these sports that could be interpreted to fall within the meaning of strangulation offenses. For example, the international recognized Olympic sport of Judo uses a "carotid compression" technique called "Shime Waza" which is defined as "the temporary compression of the carotid artery" and when used under the guidance of instructors and in competition does not cause serious physical injury.
Although there is no evidence that the 2010 changes to the law have led to arrests of athletes engaging in instruction or competition which could be interpreted to fall within the strangulation offenses, this section creates an affirmative defense so that the law is clear.
Prior legislative history
New bill.
Fiscal implications
None to the state.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.