House File 125 - Introduced



                                       HOUSE FILE       
                                       BY  GASKILL


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act creating a criminal offense for strangulation, and
  2    providing a penalty.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1143HH 81
  5 jm/gg/14

PAG LIN



  1  1    Section 1.  NEW SECTION.  708.14  STRANGULATION.
  1  2    1.  A person commits the offense of strangulation if the
  1  3 person knowingly or intentionally impedes the normal breathing
  1  4 or circulation of blood of another person by applying pressure
  1  5 on the throat or neck of the other person.
  1  6    2.  Except as provided in subsection 3, a person who
  1  7 commits strangulation commits a class "D" felony.
  1  8    3.  A person who commits strangulation commits a class "C"
  1  9 felony if the person uses or attempts to use a dangerous
  1 10 weapon during the commission of the offense, or if the person
  1 11 has been previously convicted of strangulation.
  1 12    4.  This section does not apply to an act of strangulation
  1 13 if the act constitutes a legitimate medical procedure.
  1 14                           EXPLANATION
  1 15    This bill creates the new criminal offense of
  1 16 strangulation.
  1 17    Under the bill, a person who knowingly or intentionally
  1 18 impedes the normal breathing or circulation of blood of
  1 19 another person by applying pressure to the throat or neck of
  1 20 the other person commits the criminal offense of
  1 21 strangulation.
  1 22    A person who commits strangulation is guilty of a class "D"
  1 23 felony.  A person who commits strangulation while using or
  1 24 attempting to use a dangerous weapon, or if the person has
  1 25 previously been convicted of strangulation, is guilty of a
  1 26 class "C" felony.
  1 27    The bill does not apply to an act of strangulation if the
  1 28 act constitutes a legitimate medical procedure.
  1 29    A class "D" felony is punishable by confinement for no more
  1 30 than five years and a fine of at least $750 but not more than
  1 31 $7,500.  A class "C" felony is punishable by confinement for
  1 32 no more than 10 years and a fine of at least $1,000 but not
  1 33 more than $10,000.
  1 34 LSB 1143HH 81
  1 35 jm:rj/gg/14