PRINTER'S NO. 2290
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1581
Session of
2015
INTRODUCED BY CORBIN, DELOZIER, MILLARD, O'BRIEN, V. BROWN,
BARRAR, PICKETT, BARBIN, BAKER, McNEILL, SAINATO, STEPHENS,
DONATUCCI, READSHAW, BOBACK, KAUFFMAN, COHEN, ROSS, MAJOR,
D. COSTA, D. PARKER, DeLUCA, WATSON, WARD, FEE, OBERLANDER,
HELM, HARPER, PHILLIPS-HILL, HARHART, GILLEN, TOOHIL,
SCHLEGEL CULVER, MURT, LEWIS, HENNESSEY, TRUITT, GOODMAN,
C. PARKER, BRADFORD, TOEPEL, KNOWLES, FABRIZIO, HARKINS,
DEAN, MARSICO, IRVIN, BENNINGHOFF, FARRY, FRANKEL AND KLUNK,
OCTOBER 1, 2015
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 1, 2015
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in assault, providing for the offense
of strangulation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 2718. Strangulation.
(a) Offense defined.--A person commits the offense of
strangulation if the person knowingly or intentionally impedes
the breathing or circulation of the blood of another person by:
(1) applying pressure to the throat or neck; or
(2) blocking the nose and mouth of the person.
(b) Physical injury.--Infliction of a physical injury to a
victim shall not be an element of the offense. The lack of
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physical injury to a victim shall not be a defense in a
prosecution under this section.
(c) Affirmative defense.--It shall be an affirmative defense
to a charge under this section that the victim consented to the
defendant's actions as provided under section 311 (relating to
consent).
(d) Grading.--
(1) Except as provided in paragraph (2), a violation of
this section shall constitute a felony of the second degree.
(2) A violation of this section shall constitute a
felony of the first degree if:
(i) at the time of commission of the offense, the
defendant is subject t o an active protection from abuse
order under 23 Pa.C.S. Ch. 61 (relating protection from
abuse) or a sexual violence or intimidation protection
order under 42 Pa.C.S. Ch. 62A (relating to protection of
victims of sexual violence or intimidation) that covers
the victim;
(ii) the person uses an instrument of crime as
defined in section 907 (relating to possessing
instruments of crime) in commission of the offense under
this section; or
(iii) the defendant has previously been convicted of
an offense under this section.
Section 2. This act shall take effect in 60 days.
20150HB1581PN2290 - 2 -
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