20A—Choking, suffocation or strangulation in a domestic setting
- (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.
- (2) However, conduct that is justified or excused by law cannot amount to an offence against this section.
- (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
- (b) they are domestic partners; or
- (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
- (d) 1 is the child, stepchild or grandchild, or is under the guardianship, of the other (regardless of age); or
- (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
- (f) 1 is a child and the other is a person who acts in loco parentis in relation to the child; or
- (g) 1 is a child who normally or regularly resides or stays with the other; or
- (h) they are brothers or sisters or brother and sister; or
- (i) they are otherwise related to each other by or through blood, marriage, a domestic partnership or adoption; or
- (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
- (k) 1 is the carer (within the meaning of the Carers Recognition Act 2005) of the other.