New Jersey (2017)
People v. Santiago 2015 N.J. Super. Unpub. LEXIS 152, Unpublished
Despite the victim not suffering permanent disfigurement or protracted loss or impairment of an organ, the court found that where a defendant threw the victim to the floor and choked her repeatedly until breathless, there was a substantial risk of death.
In Re Matter of RS and JS, 2014 WL 37430942, Unpublished
A stepfather punched, grabbed, choked his stepson, a 13-year-old boy, and restrained him on floor, making it difficult to breathe. It took him couple of minutes to breathe normally.
The boy tried to hide his injuries at school. CPS was called. The child was interviewed and examined by DR. His injuries included bruising around both eyes, red dots (petechiae), a scratch on his neck and a bruise to his shoulder consistent with strangulation. Strangulation and/or kneeling on the chest can lead to hypoxia or even death.
The defendant claimed they are religious, and that he was just doing a religious ceremony and trying to protect son from himself. The court found that the child was abused and at risk, and he placed in foster care.
There was sufficient evidence to show strangulation was excessive corporal punishment.