Chapter 284
2012 -- H 7242 SUBSTITUTE A
Enacted 06/19/12
A N A C T
RELATING TO
CRIMINAL OFFENSES - ASSAULTS
Introduced
By: Representatives DaSilva,
Date Introduced: January 25, 2012
It is enacted by the
General Assembly as follows:
SECTION 1. Chapter 11-5 of the General Laws entitled
"Assaults" is hereby amended by
adding thereto the following section:
11-5-2.3.
Domestic assault by strangulation. -- (a) Every person who shall make an
assault or battery, or both, by strangulation, on a family or
household member as defined in
subsection 12-29-2(b), shall be punished by imprisonment for not
more than ten (10) years.
(b) Where the
provisions of “The Domestic Violence Prevention Act”, chapter 29 of title
12, are applicable, the penalties for violation of
this section shall also include the penalties as
provided in section 12-29-5.
(c) “Strangulation”
means knowingly and intentionally impeding normal breathing or
circulation of the blood by applying pressure on the throat or
neck or by blocking the nose or
mouth of another person, with the intent to cause that
person harm.
SECTION 2. Section 12-29-2 of the General Laws in Chapter
12-29 entitled "Domestic
Violence Prevention
Act" is hereby amended to read as follows:
12-29-2.
Definitions. -- (a) "Domestic violence"
includes, but is not limited to, any of the
following crimes when committed by one family or household
member against another:
(1) Simple assault
(section 11-5-3);
(2) Felony assaults
(sections 11-5-1, 11-5-2, and 11-5-4);
(3) Vandalism (section
11-44-1);
(4) Disorderly conduct
(section 11-45-1);
(5) Trespass (section
11-44-26);
(6) Kidnapping (section
11-26-1);
(7) Child-snatching
(section 11-26-1.1);
(8) Sexual assault
(sections 11-37-2, 11-37-4);
(9) Homicide (sections
11-23-1 and 11-23-3);
(10) Violation of the
provisions of a protective order entered pursuant to section 15-5-19,
chapter 15 of title 15, or chapter 8.1 of title 8 where the
respondent has knowledge of the order
and the penalty for its violation or a violation of a no
contact order issued pursuant to section 12-
29-4;
(11) Stalking (sections
11-59-1 et seq.);
(12) Refusal to
relinquish or to damage or to obstruct a telephone (section 11-35-14);
(13) Burglary and
Unlawful Entry (section 11-8-1 et seq.);
(14) Arson (section
11-4-2 et seq.); and
(15) Cyberstalking and cyberharassment
(section 11-52-4.2). ; and
(16) Domestic
assault by strangulation section 11-5-2.3.
(b) "Family or
household member" means spouses, former spouses,
adult persons related
by blood or marriage, adult persons who are presently
residing together or who have resided
together in the past three (3) years, and persons who have a
child in common regardless of
whether they have been married or have lived together, or if
persons who are or have been in a
substantive dating or engagement relationship within the past one
year which shall be determined
by the court's consideration of the following factors:
(1) the
length of time of the relationship;
(2) the
type of the relationship;
(3) the
frequence of the interaction between the parties.
(c) "Protective
order" means an order issued pursuant to section 15-5-19, chapter 15 of
title 15, or chapter 8.1 of title 8.
(d) "Victim"
means a family or household member who has been subjected to domestic
violence.
SECTION 3. This act shall take effect upon passage.
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LC00842/SUB A
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