WEST virginia legislature
2020 regular session
House Bill 4393
By Delegates Rohrbach, Lovejoy, Linville, Maynard and Porterfield
[Introduced January 16, 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 making suffocation and asphyxiation crimes.
Be it enacted by the Legislature of West Virginia:
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-9d. Strangulation; suffocation and asphyxiation; 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; (3) “Suffocate” means knowingly and willfully restricting
the normal breathing or circulation of blood by blocking the nose or mouth of
another; and (4) “Asphyxiate” means knowingly and willfully
restricting the normal breathing or circulation of blood by the application of
pressure on the chest or torso.
(b) Any person who strangles, suffocates or asphyxiates another without that person’s consent and thereby causes the other person bodily injury or loss of consciousness is guilty of a felony and, upon conviction thereof, shall be fined not more than $2,500 or imprisoned in a state correctional facility not less than one year or more than five years, or both fined and imprisoned.
NOTE: The purpose of this bill is to create the crimes of suffocation and asphyxiation.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.