Choking, strangling or suffocating in a domestic relationship
186AA Choking, strangling or suffocating in a domestic relationship
A person commits an offence if:
the person is in a domestic relationship with another person; and
(b) the person intentionally chokes, strangles or suffocates the other person; and
(c) the other person does not consent to the choking, strangling or suffocating and the person is reckless in relation to that circumstance.
Maximum penalty: Imprisonment for 5 years.
Strict liability applies to subsection (1)(a).
(3) To avoid doubt, an offence against this section constitutes domestic violence under section 5 of the Domestic and Family Violence Act 2007.
In this section:
chokes, strangles or suffocates, a person, includes the following:
applies pressure, to any extent, to the person's neck;
obstructs, to any extent, any part of the person's:
respiratory system; or
accessory systems of respiration;
interferes, to any extent, with the operation of the person's:
respiratory system; or
accessory systems of respiration;
impedes, to any extent, the person's respiration.
domestic relationship, see section 9 of the Domestic and Family Violence Act 2007.
Division 4A Female genital mutilation
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