PART 5Protection of children and others
F2Strangulation or suffocation
75AStrangulation or suffocation
1
A person (“A”) commits an offence if—
a
A intentionally strangles another person (“B”), or
b
A does any other act to B that—
i
affects B's ability to breathe, and
ii
constitutes battery of B.
2
It is a defence to an offence under this section for A to show that B consented to the strangulation or other act.
3
But subsection (2) does not apply if—
a
B suffers serious harm as a result of the strangulation or other act, and
b
A either—
i
intended to cause B serious harm, or
ii
was reckless as to whether B would suffer serious harm.
4
A is to be taken to have shown the fact mentioned in subsection (2) if—
a
sufficient evidence of the fact is adduced to raise an issue with respect to it, and
b
the contrary is not proved beyond reasonable doubt.
5
A person guilty of an offence under this section is liable—
a
on summary conviction—
i
ii
to a fine,
or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine, or both.
6
In this section “serious harm” means—
a
grievous bodily harm, within the meaning of section 18 of the Offences Against the Person Act 1861,
b
wounding, within the meaning of that section, or
c
actual bodily harm, within the meaning of section 47 of that Act.
Ss. 75A, 75B and cross-heading inserted (E.W.) (7.6.2022) by Domestic Abuse Act 2021 (c. 17), ss. 70(1), 90(6); S.I. 2022/553, regs. 1(2), 3(a)