Non-fatal strangulation
34AE Non-fatal strangulation
S. 34AE inserted by No. 37/2023 s. 3.
A person (A) commits an offence if—
A intentionally and without lawful excuse chokes, strangles or suffocates another person (B); and
A is a family member of B.
Penalty: Level 6 imprisonment (5 years maximum).
Note
A mistaken but honest and reasonable belief that A was not a family member of B is not a defence to this offence—see section 34AK.
For the purposes of subsection (1), if the conduct constituting the offence is a sexual activity, that B consented to that conduct is not a lawful excuse except to the extent provided for by section 34AF.
Nothing in subsection (2) or section 34AF prevents B's consent to the conduct constituting the offence from being a lawful excuse for the purposes of subsection (1) if that conduct is not a sexual activity.
Nothing in sections 34AG to 34AJ applies in relation to consent being a lawful excuse where the conduct constituting the offence is not a sexual activity.
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