The bill H. 3522 aims to amend the South Carolina Code of Laws by adding Section 16-3-605, which defines "strangulation" and establishes the offenses of strangulation and aggravated strangulation. Strangulation is defined as the restriction of airflow or blood circulation through external pressure to the throat or neck, or by blocking the nose or mouth, regardless of visible injury or intent to cause serious harm. The bill outlines that a person committing strangulation can face imprisonment for three to ten years, while aggravated strangulation, which includes specific aggravating factors such as prior convictions or the use of a deadly weapon, carries a penalty of ten to twenty years.

Additionally, the bill mandates that law enforcement inform victims of the potential serious internal injuries associated with strangulation and encourage them to seek medical attention. It clarifies that physical injury is not a necessary element for prosecution, and the absence of visible injury cannot be used as a defense. The bill also provides affirmative defenses for actions taken as part of a necessary medical procedure or with the victim's consent. This legislation is set to take effect upon the Governor's approval.

Statutes affected:
12/05/2024: 16-3-605
Latest Version: 16-3-605