28-310.01. Assault by strangulation or suffocation; penalty; affirmative defense.

198 words·~1 min read·/ne/chapter-28/28-310-01

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)A person commits the offense of assault by strangulation or suffocation if the person knowingly and intentionally:

(a)Impedes the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck of the other person; or

(b)Impedes the normal breathing of another person by covering the mouth and nose of the person.

(2)An offense is committed under this section regardless of whether a visible injury resulted.

(3)Except as provided in subsection

(4)of this section, a violation of this section is a Class IIIA felony.

(4)A violation of this section is a Class IIA felony if:

(a)The person used or attempted to use a dangerous instrument while committing the offense;

(b)The person caused serious bodily injury to the other person while committing the offense; or

(c)The person has been previously convicted:

(i)Of a violation of this section; or

(ii)In any other state or federal court of a criminal offense with essentially the same elements as a violation of this section.

(5)It is an affirmative defense that an act constituting strangulation or suffocation was the result of a legitimate medical procedure.