S.679 An Act relative to Strangulation, sponsored by Senator Katherine Clark
H. 1292 An Act relative to Strangulation, sponsored by Representative Brian Dempsey
This legislation creates the independent crime of strangulation. Under current law, if someone strangles another, the prosecutor must charge either attempted murder or simple assault and battery. Attempted murder requires proof of a specific intent to kill. Often, especially in domestic situations, one partner strangles the other to exert dominance and control, causing the victim immediate and severe pain and panic. However, the offender intends to torture, but not actually kill, the victim. The alternative charge of simple assault and battery is a mere misdemeanor crime. These bills establish a felony offense for this behavior.