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Legal Information: Delaware

Statutes: Delaware

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December 8, 2020

§ 607. Strangulation; penalty; affirmative defense

(a)(1) A person commits the offense of strangulation if the person knowingly or intentionally impedes the breathing or circulation of the blood of another person by applying pressure on the throat or neck of the other person.

(2) Except as provided in paragraph (a)(3) of this section, strangulation is a class E felony.

(3) Strangulation is a class D felony if:

a. The person used or attempted to use a dangerous instrument or a deadly weapon while committing the offense; or

b. The person caused serious physical injury to the other person while committing the offense; or

c. The person has been previously convicted of strangulation.

(b) It is an affirmative defense that an act constituting strangulation was the result of a legitimate medical procedure.