Alaska Strangulation Legislation

Laws

Case Law

• Carter v. State, 235 P.3d 221 (Alaska Ct. App. 2010)

  Officer qualified to testify as an expert in strangulation case. He had specialized training and personal experience investigating domestic violence cases which included strangulation assaults.

• Torrance v. State (2009, Alaska) WL 3489383 {Unpublished}

  The prosecution presented sufficient evidence that defendant’s arms constituted a dangerous instrument to support jury conviction of third-degree assault with deadly instrument.

  A reasonable juror could infer that defendant used enough force to put victim at risk of serious injury.

  Defendant choked the victim until victim’s blood capillaries burst, leaving visible bruising in and around his left eye and eyelid and possibly bruising in his brain tissue. The evidence showed injuries that could result from brief strangulation could lead to long-term pain or paralysis.

• Itta v. State (2018, Alaska) WL 2277090 {Unpublished}

  There was no abuse of discretion allowing a forensic nurse to testify. The nurse was qualified. The nurse had been a registered nurse for 15 years and a certified FN for 5 years, as well as having received training on strangulation and working on 25 strangulation cases.

• Ross v. State (2006) WL 573006 {Unpublished}

  Defendant using arm to choke victim to loss of consciousness showed that defendant was capable of inflicting death or serious physical injury.

• Bright v. State (1994) 875 P.2d 100

  Defendant throwing caustic liquid and hitting victim’s head with a heavy object and choking to point of loss of consciousness amounts to serious physical injury.