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Federal (2013)


FED. TITLE 18 USC § 113. ASSAULT WITHIN MARITIME AND TERRITORIAL JURISDICTION

(a) Whoever, within the special maritime and territorial jurisdiction of the United States, is guilty of an assault shall be punished as follows:

(8) Assault of a spouse, intimate partner, or dating partner by strangling, suffocating, or attempting to strangle or suffocate, by a fine under this title, imprisonment for not more than 10 years, or both.

(b) Definitions– In this section—

(4) The term “strangling” means intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of a person by applying pressure to the throat or neck, regardless of whether that conduct results in any visible injury or whether there is any intent to kill or protractedly injure the victim; and

(5) The term “suffocating” means intentionally, knowingly, or recklessly impeding the normal breathing of a person by covering the mouth of the person, the nose of the person, or both, regardless of whether that conduct results in any visible injury or whether there is any intent to kill or protractedly injure the victim.

U.S. v. LAMOTT (2016, Montana) 831 F.3d 1153

Assault by strangulation under 18 U.S.C. Section 113(a)(8) is a general intent crime.

Many domestic violence offenders and rapists do not strangle their partners to kill them; they strangle them to let them know they can kill them –any time they wish – Casey Gwinn from the Strangulation Manual (2013)

 

US v. Crawford, No. CR 13-111-GF-BMM-JTJ, 2019 WL 1261754 (D. Mont. Mar. 14, 2019), report and recommendation adopted, No. CR-13-111-GF-BMM-JTJ, 2019 WL 1255198 (D. Mont. Mar. 19, 2019), Unpublished

Defendant strangled his girlfriend on the Blackfeet Indian Reservation. Law enforcement obtained pictures. The doctor documented a substantial risk of death. The defendant confessed to the FBI and pled guilty to one count of strangulation (18 USC Sec. 113(a)(8)).

Defendant sentenced in March 2014 to 30 months’ imprisonment and 3 years of supervised release.

 

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