Bill Text: WV HB4362 | 2016 | Regular Session | Enrolled
Bill Title: Establishing a felony offense of strangulation
Spectrum: Moderate Partisan Bill (Republican 9-2)
Status: (Passed) 2016-05-13 - Chapter 61, Acts, Regular Session, 2016 [HB4362 Detail]
Download: West_Virginia-2016-HB4362-Enrolled.html
WEST virginia Legislature
2016 regular session
ENROLLED
House Bill 4362
By Delegates Kurcaba, Fleischauer,
Statler, Householder, Espinosa, Overington, Weld,
Summers, Blair, Byrd and Upson
[Passed March 5, 2016; in effect ninety days from passage.]
AN ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-9d, relating to crimes against the person; establishing the felony offense of strangulation; defining terms; and providing penalties.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §61-2-9d, to read as follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-9d. Strangulation; 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;
(b) Any person who strangles 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.
