Kentucky (2019)


SECTION 1. KRS CHAPTER 508:

(1) A person is guilty of strangulation in the first degree when the person, without consent, intentionally impedes the normal breathing or circulation of the blood of another person by: (a) Applying pressure on the throat or neck of the other person; or (b) Blocking the nose or mouth of the other person.

(2) Strangulation in the first degree is a Class C felony.

SECTION 2. KRS CHAPTER 508:

(1) A person is guilty of strangulation in the second degree when the person, without consent, wantonly impedes the normal breathing or circulation of the blood of another person by: (a) Applying pressure on the throat or neck of the other person; or (b) Blocking the nose or mouth of the other person.

(2) Strangulation in the second degree is a Class D felony.

Section 3. KRS 403.720 is amended to read as follows:

As used in KRS 403.715 to 403.785:

(1) “Domestic violence and abuse” means physical injury, serious physical injury, stalking, sexual abuse, strangulation, assault, or the infliction of fear of imminent physical injury, serious physical injury, sexual abuse, strangulation, or assault between family members or members of an unmarried couple

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Jackson v. Commonwealth of Kentucky, 2011 Ky. Unpublished LEXIS 62

“‘Serious physical injury’ means physical injury which creates a substantial risk of death, or which causes serious and prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of any bodily organ.” KRS 500.080(13). Tana testified, with corroborating medical testimony, that Appellant had choked her, causing her to lose consciousness. Further expert testimony explained that when a victim is choked into unconsciousness, the brain fails to receive adequate oxygen to function properly, which can result in brain injury or death.

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