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Legal Information: Delaware

Statutes: Delaware

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March 26, 2024

§ 607A. Aggravated Strangulation; penalty; defenses

(a) As used in this section:

(1) “Chokehold” means of any of the following:

a. A technique intended to restrict another person’s airway, or prevent or restrict the breathing of another person.

b. A technique intended to constrict the flow of blood by applying pressure or force to the carotid artery, the jugular vein, or the side of the neck of another person.

(2) “Law-enforcement officer” means as defined in § 222 of this title.

(b) A person commits the offense of aggravated strangulation if all of the following conditions are satisfied:

(1) The person is a law-enforcement officer.

(2) The person knowingly or intentionally uses a chokehold on another person.

(3) The person is acting within the person’s official capacity as a law-enforcement officer.

(c) Notwithstanding §§ 462-468 of this title to the contrary, the use of a chokehold is only justifiable when the person reasonably believes that the use of deadly force is necessary to protect the life of a civilian or a law enforcement officer.

(d) Except as provided in paragraph (e) of this section, aggravated strangulation is a class D felony.

(e) Aggravated strangulation is a class C felony if the person caused serious physical injury or death to the other person while committing the offense.(f) A charge under this section does not limit or preclude any other charge being brought against the person.