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2012 SESSION

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SB 459 Strangulation of another; penalty.

Introduced by: Mark R. Herring | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Strangulation; penalty.  Provides that any person who, without consent, impedes the blood circulation or respiration of another person by knowingly, intentionally, and unlawfully applying pressure to the neck of such person resulting in the wounding or bodily injury of such person is guilty of strangulation, a Class 6 felony. This bill is identical to HB 752.

SUMMARY AS PASSED SENATE:

Strangulation; penalty.  Provides that any person who impedes the blood circulation or respiration of another person by willfully, knowingly, intentionally, and without consent applying pressure to the person's neck resulting in wounding or bodily injury is guilty of strangulation, a Class 6 felony. There is an affirmative defense for medical and dental purposes.

SUMMARY AS INTRODUCED:

Assault and battery of a family or household member by strangulation; penalty.  Raises the penalty for assault and battery of a family or household member from a Class 1 misdemeanor to a Class 6 felony when the assault and battery is accomplished by strangling the victim. The bill also raises from a Class 6 to a Class 5 felony the penalty for assault and battery of a family or household member when the perpetrator has been convicted of certain prior offenses and commits the offense by strangulation. The bill also expands the list of prior offenses for which aggravated punishment is authorized to include unlawful wounding as well as malicious wounding.