WEST virginia legislature

2020 regular session

Introduced

Senate Bill 283

By Senators Weld and Rucker

[Introduced January 10, 2020; referred
to the Committee on the Judiciary]

A BILL to amend and reenact §61-2-9d of the Code of West Virginia, 1931, as amended, relating to the criminal offense of strangulation; creating the criminal offense of suffocation; and increasing the criminal penalty for these crimes.

Be it enacted by the Legislature of West Virginia:

ARTICLE 2. CRIMES AGAINST THE PERSON.

§61-2-9d. Strangulation; suffocation; definitions; penalties.

(a) As used in this section:

(1) “Bodily injury” means substantial physical pain, illness or any impairment of physical condition;

(2) “Strangle” means knowingly and willfully restricting another person’s air intake or blood flow by the application of pressure on the neck or throat or chest;

“Suffocate” means knowingly and willfully restricting the air intake or blood flow by blocking the nose or mouth of another by any means other than by strangulation as defined in this section.

(b) Any person who strangles or suffocates another without that person’s consent and thereby causes the other person bodily injury or loss of consciousness,  or restricts their air intake, is guilty of a felony and, upon conviction thereof, shall be fined not more than $2,500 or imprisoned confined in a state correctional facility not less than one year two years or more than five 10 years, or both fined and imprisoned confined.

NOTE: The purpose of this bill is to update the definition of the criminal offense of strangulation and create the criminal offense of suffocation with increased criminal penalties.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.