Strangulation Law

§ 1132. Assault and battery domestic abuse by strangulation-Definition

Any person who commits any assault or assault and battery with intent to cause great bodily harm by

strangulation or attempted strangulation against a current or former spouse, a present spouse of a former

spouse, parent, a foster parent, child, person otherwise related by blood or marriage, a person with whom the

defendant is in a dating relationship, an individual with whom the defendant has had a child, a person who

formerly lived in the same household as the defendant, or a person living in the same household as the

defendant, by means of a form of asphyxia characterized by closure of the blood vessels or air passages of

the neck as a result of external pressure on the neck, shall be guilty of the crime of domestic abuse by

strangulation.

§ 1133. Domestic abuse strangulation-Punishment

Upon conviction of domestic abuse by strangulation, defendant shall be punished by incarceration for a

period of not less than one (1) year but no more than three (3) years, or by a fine of not more than Five

Thousand Dollars ($5,000.00) plus restitution, or by both such fine and incarceration. Upon a second or

subsequent conviction, the defendant shall be punished by imprisonment for a period of not less than three

(3) years, or by a fine of not more than Fifteen Thousand Dollars ($15,000.00), or by both such fine and

imprisonment. Provided, the prosecutor may refer such case for federal prosecution on a first offense or a

second or subsequent offense.