Wyoming Strangulation Legislation

Laws

Case Law

• Morones v. State, 2020 WY 85, ¶ 19, 466 P.3d 300, 306–07 (2020)

  The nurse’s testimony along with the emergency room physician’s expert strangulation testimony and the photos introduced by the state were sufficient evidence to support the guilty verdict.

• Davis v. State, 2017 WY 147, 406 P.3d 1233 (2017)

  Evidence of petechiae and medical testimony from a doctor on her symptoms and asphyxiation was sufficient to establish bodily injury here.

• Nickels v. State of Wyoming WY 85; 351 P.3d 288 (2015

  This case involves a defendant and victim who were in a long-term relationship. The defendant was angry about money and drinking. When they went to bed, he wanted to have sex, but she said no. He got on top of her, straddling her, and grabbed her neck with both hands. He pressed so hard she could not breathe. She thought she was going to pass out.

  He let go. She took a few breaths, and then he strangled her again. He decided to leave, but he wanted money, so she gave him some. When he left, she locked the door and called a friend. her friend told her to call the police. When the police responded, she was reluctant to open the door.

  She was interviewed; they took photos of her. There was very slight redness and very slight swelling – raised swelling around the perimeter of the neck. She had a very, very raspy voice and had difficulty speaking and swallowing. She was obviously in pain.

  An inmate testified that the defendant admitted to choking her but not wanting to kill her.

  The Appellate Court found that the trial court properly rejected the defendant’s request for a lesser included offense of battery. There was no evidence that the defendant attacked the victim in any other way except to strangle her twice. Even the inmate’s testimony did not support the lesser charge. He clearly intended to choke her.

  The jury chose to believe the victim when she said that she was strangled.