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 ยง 35-42-2-9(b):
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.)
A person who, in a rude, angry, or insolent manner, knowingly or intentionally:Subsection (a) exempts "medical procedures." So a doctor can strangle you in a rude, angry, or insolent manner as part of a medical procedure?
(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.
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.)
posted by Michael Ausbrook at 9/11/2008 12:13:00 PM
2 Comments:
if you are an Indiana Lawyer, why would you not know about strangulation? didn't it go on the books in 2006?
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.
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