Montana (2017)


MT. STAT.  §40-5-215. STRANGULATION OF PARTNER OR FAMILY MEMBER

(1) A person commits the offense of strangulation of a partner or family member if the person purposely or knowingly impedes the normal breathing or circulation of the blood of a partner or family member by:

(a) Applying pressure on the throat or neck of the partner or family member; or

(b) Blocking air flow to the nose or mouth of the partner or family.

(2)(a) A person convicted of a first offense of strangulation of a partner or family member shall be fined an amount not to exceed $50,000 or be imprisoned in the state prison for a term not to exceed 5 years, or both;

(b) A person convicted of a second or subsequent offense under this section shall be imprisoned in the state prison for a term of not less than 2 years or more than 20 years and may be fined an amount not more than $50,000, except as provided in 46-18-219 and 46-18-222.>

(3) A person convicted of strangulation of a partner or family member is required to pay for and complete a counseling assessment as required in 45-5-206(4).

(4) For the purposes of this section, “partner” and “family member” have the meanings provided in 45-5-206.

STATE V. PORTER, 390 MONT. 174 (Feb 2018)

In State v. Porter, the prosecution proved strangulation occurred without the victim’s testimony through a well-conducted investigation, a well-documented domestic violence forensic exam and the hearsay statements the victim made to the medical team. Her statements were admitted by the court using the medical diagnosis exception.

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