Strangulation and HB 1581

Last year there were 97 reported homicides in Pennsylvania as a result of domestic violence. Of those 97, six were murdered by way of strangulation.  Strangulation is, unfortunately, an all too common occurrence in intimate partner relationships in which there is violence; however, it can be difficult to prove. Very often, the victim shows no obvious physical signs immediately following an attack.  Police or EMTs may respond to a domestic violence call in which strangulation occurred, yet find the victim conscious and coherent, making it almost impossible to realize that the victim was just seconds from death prior to their arrival. Currently, an abuser can be charged with aggravated assault if he/she is arrested for strangulation, but, because it is a difficult crime to prove, the charge is frequently reduced to a misdemeanor or summary offense, which doesn’t accurately reflect the severity of the crime.  Pennsylvania House Bill 1581 aims to change that.

The proposed legislation of HB 1581 would make strangulation a felony. By doing so, it closes the “loophole” in the law that currently allows inadequate repercussions for such a violent act. According to the Pennsylvania Coalition Against Domestic Violence, the bill would create the crime of “felony strangulation” defined as knowingly or intentionally impeding the breathing or circulation of blood of another person by applying pressure to the throat or neck or blocking the nose and mouth of a person. Grading of the offense will be a felony of the second degree, or a felony of the first degree if the defendant is subject to an active protection from abuse (PFA) order, uses an instrument of crime, or has been previously convicted of strangulation.  This would provide a crucial tool for district attorneys to be able to adequately prosecute abusers who strangle their partners. 

If the bill passes, Pennsylvania will join 37 other states that have similar laws.  

Written by Jamie G., Northumberland County Legal Advocate