PA. SEC. § 2718. STRANGULATION
(a) Offense defined. A person commits the offense of strangulation if the person knowingly or intentionally impedes the breathing or circulation of the blood of another person by:
(1) Applying pressure to the throat or neck;or
(2) Blocking the nose and mouth of the person.
(b) Physical injury. Infliction of a physical injury to a victim shall not be an element of the offense. The lack of physical injury to a victim shall not be a defense in a prosecution under this section.
(c) Affirmative defense. It shall be an affirmative defense to a charge under this section that the victim consented to the defendant’s actions as provided under Section 311 (relating to consent).
(1) Except as provided in paragraph (2) or (3), a violation of this section shall constitute a misdemeanor of the second degree.
(2) A violation of this section shall constitute a felony ofthe second degree if committed:
(i) Against a family or household member as defined in 23pa.c.s. § 6102 (relating to definitions);
(ii) By a caretaker against a care-dependent person; or
(iii) In conjunction with sexual violence as defined in 42 pa.c.s. 62a03 (relating to definitions) or conduct constituting a crime under 18 pa.c.s. § 2709.1 (relating to stalking) or ch. 30 subch. b (relating to prosecution of human trafficking).
(3) A violation of this section shall constitute a felony of the first degree if:
(1) At the time of commission of the offense, the defendant is subject to an active protection from abuse order under 23 pa.c.s. ch. 61 (relating to protection from abuse) or a sexual violence or intimidation protection order under 42 pa.c.s. ch. 62a (relating to protection of victims of sexual violence or intimidation) that covers the victim;
(ii) The defendant uses an instrument of crime as defined in Section 907 (relating to possessing instruments of crime) in commission of the offense under this section; or
(iii) The defendant has previously been convicted of anoffense under paragraph (2) or a substantially similar offense in another jurisdiction.