Strangulation Law

§ 12.1-17-02. Aggravated assault

1. A person is guilty of a class C felony if that person:

A. Willfully causes serious bodily injury to another human being;

B. Knowingly causes bodily injury or substantial bodily injury to another human being with a dangerous weapon or other weapon, the possession of which under the circumstances indicates an intent or readiness to inflict serious bodily injury;

C. Causes bodily injury or substantial bodily injury to another human being while attempting to inflict serious bodily injury on any human being; or

D. Fires a firearm or hurls a destructive device at another human being.

2. The person is guilty of a class B felony if the person violates subsection 1 and the victim:

A. Is under twelve years of age;

B. Is a peace officer or correctional institution employee acting in an official capacity, which the actor knows to be a fact; or

C. Suffers permanent loss or impairment of the function of a bodily member or organ.

§ 12.1-01-04. General definitions

27. “Serious bodily injury” means bodily injury that creates a substantial risk of death or which causes serious permanent disfigurement, unconsciousness, extreme pain, permanent loss or impairment of the function of any bodily member or organ, a bone fracture, or impediment of air flow or blood flow to the brain or lungs.

29. “Substantial bodily injury” means a substantial temporary disfigurement, loss, or impairment of the function of any bodily member or organ.