South Australia Strangulation Law

SOUTH AUSTRALIA

20A—Choking, suffocation or strangulation in a domestic setting

  1. (1)  A person who is, or has been, in a relationship with another person and chokes, suffocates or strangles that other person, without that other person’s consent, is guilty of an offence.

Maximum penalty: Imprisonment for 7 years.

  1. (2)  However, conduct that is justified or excused by law cannot amount to an offence against this section.
  2. (3)  Two people will be taken to be in a relationship for the purposes of this section if—

(a) they are married to each other; or

Criminal Law Consolidation Act 1935—29.3.2021

Part 3—Offences against the person etc
Division 7AA—Choking etc in a domestic setting

  1. (b)  they are domestic partners; or
  2. (c)  they are in some other form of intimate personal relationship in which their lives are interrelated and the actions of 1 affects the other; or
  3. (d)  1 is the child, stepchild or grandchild, or is under the guardianship, of the other (regardless of age); or
  4. (e)  1 is a child, stepchild or grandchild, or is under the guardianship, of a person who is or was formerly in a relationship with the other under paragraph (a), (b) or (c) (regardless of age); or
  5. (f)  1 is a child and the other is a person who acts in loco parentis in relation to the child; or
  6. (g)  1 is a child who normally or regularly resides or stays with the other; or
  7. (h)  they are brothers or sisters or brother and sister; or
  8. (i)  they are otherwise related to each other by or through blood, marriage, a domestic partnership or adoption; or
  9. (j)  they are related according to Aboriginal or Torres Strait Islander kinship rules or are both members of some other culturally recognised family group; or
  10. (k)  1 is the carer (within the meaning of the Carers Recognition Act 2005) of the other.