Legality of breath play
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In many legal jursidictions, breath play might be prosecuted under assault, sexual assault, or domestic violence laws, even as part of a consensual BDSM scene, because of laws stating that a person cannot legally give consent to actions that cause, or risk causing, serious injury or death.[1]
United States
Under federal law, strangulation and suffocation are both illegal, "regardless of whether that conduct results in any visible injury or whether there is any intent to kill or protractedly injure the victim":
(a) Whoever, within the special maritime and territorial jurisdiction of the United States, is guilty of an assault shall be punished as follows:(8) Assault of a spouse, intimate partner, or dating partner by strangling, suffocating, or attempting to strangle or suffocate, by a fine under this title, imprisonment for not more than 10 years, or both.(b) Definitions –In this section—(4) the term “strangling” means intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of a person by applying pressure to the throat or neck, regardless of whether that conduct results in any visible injury or whether there is any intent to kill or protractedly injure the victim; and(5) the term “suffocating” means intentionally, knowingly, or recklessly impeding the normal breathing of a person by covering the mouth of the person, the nose of the person, or both, regardless of whether that conduct results in any visible injury or whether there is any intent to kill or protractedly injure the victim.[2]
Most states have laws that make strangulation a felony:
| State | Legality |
|---|---|
| Alabama | Illegal if choked with intent to harm |
| Alaska | Illegal if choked to unconsciousness |
| Arizona | Illegal if harm/physical injury or "apprehension of physical injury" is caused |
| Arkansas | Illegal |
| California | Illegal[3] |
| Colorado | Illegal if harm/physical injury is caused or if choked during Domestic Violence |
| Connecticut | Illegal[4] |
| Delaware | Illegal |
| Florida | Illegal if choked nonconsensually |
| Georgia | Illegal |
| Hawaii | Illegal if harm/physical injury is caused (including non-visible injury) |
| Idaho | Illegal |
| Illinois | Illegal if harm/physical injury is caused |
| Indiana | Illegal if choked in a “rude or angry manner” |
| Iowa | Illegal if choked with intent to harm |
| Kansas | Illegal if choked in a “rude or angry manner” |
| Kentucky | Illegal if choked nonconsensually |
| Louisiana | Illegal if choked during Domestic Violence |
| Maine | Illegal if harm/physical injury is caused |
| Maryland | Illegal[5] |
| Massachusetts | Illegal |
| Michigan | Illegal |
| Minnesota | Illegal (by family/household members) |
| Mississippi | Illegal |
| Missouri | Illegal if harm/physical injury is caused (by family/household members) |
| Montana | Illegal |
| Nebraska | Illegal |
| Nevada | Illegal |
| New Hampshire | Illegal |
| New Jersey | Illegal if choked during Domestic Violence |
| New Mexico | Illegal if choked with intent to harm |
| New York | Illegal |
| North Carolina | Illegal if harm/physical injury is caused |
| North Dakota | Illegal |
| Ohio | Illegal |
| Oklahoma | Illegal if choked with intent to harm |
| Oregon | Illegal |
| Pennsylvania | Illegal |
| Rhode Island | Illegal if choked with intent to harm |
| South Carolina | May be prosecuted under other laws[6] (A 2025-2026 bill would make an exception for consensual choking[7]) |
| South Dakota | Illegal if choked with intent to harm |
| Tennessee | Illegal if choked with intent to harm |
| Texas | Illegal if harm/physical injury is caused |
| Utah | Illegal if harm/physical injury is caused |
| Vermont | Illegal |
| Virginia | Illegal if choked nonconsensually |
| Washington | Illegal |
| Washington D.C. | Illegal |
| West Virginia | Illegal if choked nonconsensually |
| Wisconsin | Illegal |
| Wyoming | Illegal if harm/physical injury is caused |
- ↑ 1.0 1.1 "Is Erotic Choking Legal? - National Coalition for Sexual Freedom". 2023-04-22. Retrieved 2026-03-03.
- ↑ "18 U.S. Code § 113 - Assaults within maritime and territorial jurisdiction". LII / Legal Information Institute. Retrieved 2026-03-03.
- ↑ "Training Institute on Strangulation Prevention: Strangulation Law, Strangulation Laws, in California". Alliance for HOPE International. Retrieved 2026-03-03.
- ↑ "Alliance for HOPE International: Strangulation Law, Strangulation Laws, in Connecticut". Alliance for HOPE International. Retrieved 2026-03-03.
- ↑ "2024 Maryland Statutes :: Criminal Law :: Title 3 - Other Crimes Against the Person :: Subtitle 2 - Assault, Reckless Endangerment, and Related Crimes :: Section 3-202 - Assault in the First Degree". Justia Law. Retrieved 2026-03-03.
- ↑ Smaldone, Grant (2025-01-29). "Is Strangulation a Criminal Offense in South Carolina?". Charleston Criminal Defense. Retrieved 2026-03-03.
- ↑ "2025-2026 Bill 3522: Strangulation - South Carolina Legislature Online". www.scstatehouse.gov. Retrieved 2026-03-03.