SF 934

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to crimes; expanding the third degree assault
crime to include assault by strangulation or
asphyxiation; amending Minnesota Statutes 2004,
section 609.223, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 609.223, is
amended by adding a subdivision to read:

new text begin Subd. 4. new text end

new text begin Assault by strangulation or asphyxiation. new text end

new text begin (a)
As used in this subdivision, "strangulation" means intentionally
impeding normal breathing or circulation of the blood by
applying pressure on the throat or neck or by blocking the nose
or mouth of another person.
new text end

new text begin (b) Unless a greater penalty is provided elsewhere, whoever
assaults another by strangulation or asphyxiation is guilty of a
felony and may be sentenced to imprisonment for not more than
five years or to payment of a fine of not more than $10,000, or
both.
new text end

Sec. 2. new text begin EFFECTIVE DATE.
new text end

new text begin Section 1 is effective August 1, 2005, and applies to
crimes committed on or after that date.
new text end