Bill > H3522

This bill adds a new section to South Carolina law specifically addressing strangulation as a distinct criminal offense. The bill defines strangulation as restricting a person's air flow or blood circulation through external pressure to the throat, neck, or by blocking the nose or mouth, or applying weight to the torso in a way that impedes breathing, regardless of whether visible injury occurs. The law establishes two levels of offense: basic strangulation, which carries a prison sentence of 3-10 years, and aggravated strangulation, which applies when the perpetrator is under a protective order, uses a deadly weapon or ligatures, or has a prior strangulation conviction, and carries a more severe prison sentence of 10-20 years. Importantly, the bill stipulates that physical injury is not required to prove the offense, recognizing that strangulation can cause serious internal harm. Law enforcement is required to inform victims about potential medical risks, and the law provides specific affirmative defenses, such as medical procedures, lawful actions by law enforcement, or victim consent. The bill aims to provide legal clarity and stronger protections against a particularly dangerous form of assault.

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https://www.scstatehouse.gov/billsearch.php?billnumbers=3522&session=126&summary=B