Current through 2024 Legislative Session Act Chapter 531
Section 607A - Aggravated strangulation; penalty; defenses(a) As used in this section: (1) "Chokehold" means of any of the following: a. A technique intended to restrict another person's airway, or prevent or restrict the breathing of another person.b. A technique intended to constrict the flow of blood by applying pressure or force to the carotid artery, the jugular vein, or the side of the neck of another person.(2) "Law-enforcement officer" means as defined in § 222 of this title.(b) A person commits the offense of Aggravated Strangulation if all of the following conditions are satisfied: (1) The person is a law-enforcement officer.(2) The person knowingly or intentionally uses a chokehold on another person.(3) The person is acting within the person's official capacity as a law-enforcement officer.(c) Notwithstanding §§ 462-468 of this title to the contrary, the use of a chokehold is only justifiable when the person reasonably believes that the use of deadly force is necessary to protect the life of a civilian or a law enforcement officer.(d) Except as provided in paragraph (e) of this section, Aggravated Strangulation is a class D felony.(e) Aggravated Strangulation is a Class C felony if the person caused serious physical injury or death to the other person while committing the offense. (f) A charge under this section does not limit or preclude any other charge being brought against the person. Amended by Laws 2021, ch. 37,s 4, eff. 6/3/2021.Added by Laws 2019, ch. 281,s 1, eff. 8/13/2020.