Illinois (2010/2017)


(a) A person who, in committing a domestic battery, knowingly causes great bodily harm, or permanent disability or disfigurement commits aggravated domestic battery.

(a-5) A person who, in committing a domestic battery, strangles another individual commits aggravated domestic battery. For the purposes of this subsection (a-5), “strangle” means intentionally impeding the normal breathing or circulation of the blood of an individual by applying pressure on the throat or neck of that individual or by blocking the nose or mouth of that individual.

(b) Sentence. Aggravated domestic battery is a Class 2 felony. Any order of probation or conditional discharge entered following a conviction for an offense under this section must include, in addition to any other condition of probation or conditional discharge, a condition that the offender serve a mandatory term of imprisonment of not less than 60 consecutive days. A person convicted of a second or subsequent violation of this section must be sentenced to a mandatory term of imprisonment of not less than 3 years and not more than 7 years or an extended term of imprisonment of not less than 7 years and not more than 14 years.

(c) Upon conviction of aggravated domestic battery, the court shall advise the defendant orally or in writing, substantially as follows: “An individual convicted of aggravated domestic battery may be subject to federal criminal penalties for possessing, transporting, shipping, or receiving any firearm or ammunition in violation of the federal Gun Control Act of 1968 (18 U.S.C. 922(g)(8) and (9)).” A notation shall be made in the court file that the admonition was given.


In People v. Ford, consent was no defense to 720 ILCS 5/12-3.05(a)(5) (2012) aggravated battery or 720 ILCS 5/12-3(a) (2012) battery because (1) the legislature enacted no such defense to the crimes, and (2) the societal interest in deterring individuals from knowingly participating in an underlying choking game justified overriding an individual’s right to consent.

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Ricks v. Commonwealth (Nov. 2015)

Evidence that the Defendant held the Victim’s neck for a matter of 4 seconds and she could not breathe was sufficient to show her airway was impeded.  The subsequent bruise on her neck and the inability to speak the next day constituted bodily injury.  Bodily injury within the context of strangulation includes 1) an act of damage or harm or hurt that relates to the body; 2) an impairment of a function of a bodily member, organ or mental faculty; or 3) an act of impairment of a physical condition.

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