H.B. 65

1

CRIME OF STRANGULATION OR
2 SMOTHERING
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Jennifer M. Seelig
6 Senate Sponsor: Sheldon L. Killpack
7
8 LONG TITLE
9 Committee Note:
10 The Law Enforcement and Criminal Justice Interim Committee recommended this bill.
11 General Description:
12 This bill modifies the Criminal Code by including the offense of suffocation or
13 strangulation as an aggravated assault.
14 Highlighted Provisions:
15 This bill:
16 . amends the offense of aggravated assault to include the offenses of impeding a
17 person's circulation by applying pressure to a person's neck or throat or impeding a
18 person's normal breathing; and
19 . provides that these offenses of strangulation or smothering are third degree felonies.
20 Monies Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 76-5-103, as last amended by Laws of Utah 1995, Chapter 291
27

28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 76-5-103 is amended to read:
30 76-5-103. Aggravated assault.
31 (1) A person commits aggravated assault if [he] the person commits assault as defined
32 in Section 76-5-102 and [he] the person:
33 (a) intentionally causes serious bodily injury to another; [or]
34 (b) under circumstances not amounting to a violation of Subsection (1)(a), uses a
35 dangerous weapon as defined in Section 76-1-601 or other means or force likely to produce
36 death or serious bodily injury[.]; or
37 (c) under circumstances not amounting to a violation of Subsection (1)(a), uses the
38 person's hand or any other means or force to attempt to impede or to impede:
39 (i) the normal breathing of another person; or
40 (ii) the circulation of another person's blood by applying pressure on the throat or neck
41 of that person.
42 (2) A violation of Subsection (1)(a) is a second degree felony.
43 (3) A violation of Subsection (1)(b) or (c) is a third degree felony.




Legislative Review Note
as of 11-15-07 3:34 PM

Office of Legislative Research and General Counsel