Thursday, September 11, 2008

What I Learned Today: Strangulation as a Class D Felony

I had no idea that there was a special crime of "Strangulation." But here it is--Indiana Code § 35-42-2-9(b):
A person who, in a rude, angry, or insolent manner, knowingly or intentionally:
(1) applies pressure to the throat or neck of another person; or
(2) obstructs the nose or mouth of the another person;
in a manner that impedes the normal breathing or the blood circulation of the other person commits strangulation, a Class D felony.
Subsection (a) exempts "medical procedures." So a doctor can strangle you in a rude, angry, or insolent manner as part of a medical procedure?

From Autuan M. Leanyear v. State, Court of Appeals No. 02A03-0806-CR-268 (Ind. Ct. App. 8/27/08) (NFP). (If you read the case, there might have been a pretty good claim that there was no evidence that the "strangulation" was rude, angry, or insolent.)


Anonymous said...

if you are an Indiana Lawyer, why would you not know about strangulation? didn't it go on the books in 2006?

Anonymous said...

seems to me it should be attempted murder! Battery with serious injury is a more serious offense. Strangulation is as bad as Rape, you NEVER get ovr it! My jury trial is set for Feb.26.27. Guess we'll see what strangulation is about.

Anonymous said...

this is bullshit I was strangled last night 9/22/12 twice and lost consiousness also punched in the back 3 times by my drunk 300 lb boyfriend with my 3 year old and 2 yr old baby present. The highland police were called showed up 25 minutes later, then one officer basically said i was lying because i had no visible marks on my neck. My boyfriend also had a warrant they arrested him for tht then he called me 20 minutes later calling me bitch that they took him to his cousins house a block away from my house. I called the station and they said they could not book him for warrant because he has high blood pressure.