45-5-215. Strangulation of partner or family member.
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/mt/title-45/chapter-5/part-2/45-5-215A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
45-5-215 . Strangulation of partner or family member.
(1)A person commits the offense of strangulation of a partner or family member if the person purposely or knowingly impedes the normal breathing or circulation of the blood of a partner or family member by:
(a)applying pressure on the throat or neck of the partner or family member; or
(b)blocking air flow to the nose and mouth of the partner or family member.
(a)A person convicted of a first offense of strangulation of a partner or family member shall be fined an amount not to exceed $50,000 or be imprisoned in the state prison for a term not to exceed 5 years, or both.
(b)A person convicted of a second or subsequent offense under this section shall be imprisoned in the state prison for a term of not less than 2 years or more than 20 years and may be fined an amount not more than $50,000, except as provided in 46-18-219 and 46-18-222 .
(3)A person convicted of strangulation of a partner or family member is required to pay for and complete a counseling assessment as required in 45-5-206 (4).
(4)For the purposes of this section, "partner" and "family member" have the meanings provided in 45-5-206 .