W. Va. Code § 61-2-9d

Current through 2024 First Special Session

Section 61-2-9d - Strangulation; suffocation and asphyxiation; definitions; penalties

(a) As used in this section:

"Bodily injury" means substantial physical pain, illness or any impairment of physical condition;

"Strangle" means knowingly and willfully restricting another person's air intake or blood flow by the application of pressure on the neck or throat;

"Suffocate" means knowingly and willfully restricting the normal breathing or circulation of blood by blocking the nose or mouth of another; and

"Asphyxiate" means knowingly and willfully restricting the normal breathing or circulation of blood by the application of pressure on the chest or torso.

(b) Any person who strangles, suffocates or asphyxiates another without that person's consent and thereby causes the other person bodily injury or loss of consciousness is guilty of a felony and, upon conviction thereof, shall be fined not more than $2,500 or imprisoned in a state correctional facility not less than one year or more than five years, or both fined and imprisoned.

W. Va. Code § 61-2-9d

Amended by 2020 Acts, ch. 91 (HB 4393), eff. 5/6/2020.

Added by 2016 Acts, ch. 61 (HB 4362), eff. 6/3/2016.