Minnesota Strangulation Laws

MN. STAT. § 609.2247. DOMESTIC ASSAULT BY STRANGULATION

Subdivision 1. Definitions.

(a) As used in this section, the following terms have the meanings given:

(c) “Strangulation” means intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person.

Subdivision 2. Crime.

Unless a greater penalty is provided elsewhere, whoever assaults a family or household member by strangulation is guilty of a felony and may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $5,000, or both.

MN. STAT. § 631.52 EFFECT OF CERTAIN CONVICTIONS ON CUSTODY AND PARENTING TIME RIGHTS.

Subdivision 1.Suspension of parenting time rights; transfer of custody.

(a) If a person who has court-ordered custody of a child or parenting time rights is convicted of a crime listed in subdivision 2 and if no action is pending regarding custody or parenting time, the sentencing court shall refer the matter to the appropriate family court for action under this section. The family court shall:

(1) grant temporary custody to the noncustodial parent, unless it finds that another custody arrangement is in the best interests of the child; or

(2) suspend parenting time rights, unless it finds that parenting time with the convicted person is in the best interests of the child.

The family court shall expedite proceedings under this section. The defendant has the burden of proving that continued custody or parenting time with the defendant is in the best interests of the child. If the victim of the crime was a family or household member as defined in section 518B.01, subdivision 2, the standard of proof is clear and convincing evidence. A guardian ad litem must be appointed in any case to which this section applies.

(b) If a person who has child custody or parenting time rights was convicted of a crime listed in subdivision 2 before July 1, 1990, then any interested party may petition the sentencing court for relief under paragraph (a) if:

(1) the defendant is currently incarcerated, on probation, or under supervised release for the offense; or

(2) the victim of the crime was a family or household member as defined in section 518B.01, subdivision 2.

Subd. 2.Application.

Subdivision 1 applies to the following crimes or similar crimes under the laws of the United States or any other state:

…[(1) – (15) omitted]…

(16) domestic assault by strangulation under section 609.2247.