Effective: June 4, 2015
Code 1976 § 16-25-65
§ 16-25-65. Domestic violence of a high and aggravated nature; elements; penalty; statutory offense.
(A) A person who violates Section 16-25-20(A) is guilty of the offense of domestic violence of a high and aggravated nature when one of the following occurs. The person:
(1) commits the offense under circumstances manifesting extreme indifference to the value of human life and great bodily injury to the victim results;
(2) commits the offense, with or without an accompanying battery and under circumstances manifesting extreme indifference to the value of human life, and would reasonably cause a person to fear imminent great bodily injury or death; or
(3) violates a protection order and, in the process of violating the order, commits domestic violence in the first degree.
(B) A person who violates subsection (A) is guilty of a felony and, upon conviction, must be imprisoned for not more than twenty years.
(C) The provisions of subsection (A) create a statutory offense of domestic violence of a high and aggravated nature and must not be construed to codify the common law crime of assault and battery of a high and aggravated nature.
(D) Circumstances manifesting extreme indifference to the value of human life include, but are not limited to, the following:
(1) using a deadly weapon;
(2) knowingly and intentionally impeding the normal breathing or circulation of the blood of a household member by applying pressure to the throat or neck or by obstructing the nose or mouth of a household member and thereby causing stupor or loss of consciousness for any period of time;
(3) committing the offense in the presence of a minor;
(4) committing the offense against a person he knew, or should have known, to be pregnant;
(5) committing the offense during the commission of a robbery, burglary, kidnapping, or theft; or
(6) using physical force against another to block that person’s access to any cell phone, telephone, or electronic communication device with the purpose of preventing, obstructing, or interfering with:
(a) the report of any criminal offense, bodily injury, or property damage to a law enforcement agency; or
(b) a request for an ambulance or emergency medical assistance to any law enforcement agency or emergency medical provider.
Effective: May 23, 2022
Code 1976 § 23-1-250
§ 23-1-250. Use of chokeholds limited.
(A) The use of a chokehold or carotid hold is limited to circumstances where the use of deadly force would otherwise be authorized and is objectively reasonable.
(B) In addition to any other penalty provided by law, the wilful use of excessive force in an objectively unreasonable manner may be considered misconduct and may serve as grounds for disciplinary action against the law enforcement officer, including dismissal, demotion, suspension, or transfer.
(C) The Law Enforcement Training Council shall develop and implement curricula and standards to address the lawful justifiable use of chokeholds and carotid holds in accordance with this section.