No. CS/SB 890
Filed under Criminal Justice.
Felony Battery; Revising the elements of the offense of battery by strangulation to delete creating a risk of or causing great bodily harm to another; revising the elements of the offense of domestic battery by strangulation to delete creating a risk of or causing great bodily harm to another; reclassifying the offense of battery by strangulation for the purposes of the offense severity ranking chart of the Criminal Punishment Code, etc.
Plain English Summary
AI-GENERATEDThe felony battery by strangulation statute no longer requires that the act create a risk of or cause great bodily harm. The offense is complete upon the intentional act of impeding breathing or circulation.
The same injury requirement is removed from the domestic battery by strangulation statute. Prosecutors can now charge this offense without proving any risk of serious injury to the victim.
The offense severity ranking chart is updated to reflect these changes, placing the revised battery by strangulation offense in the third-degree felony category.
AIThe offense now covers any intentional act that impedes breathing or circulation, regardless of whether it causes or risks great bodily harm.
AIDomestic battery by strangulation no longer requires proof of great bodily harm or a risk thereof to be established.
AIBattery by strangulation is moved from the 3rd-degree felony list to the 2nd-degree felony list, increasing the maximum potential sentence.