ENROLLED

COMMITTEE SUBSTITUTE

FOR

H. B. 2240(By Delegates Kurcaba, Fleischauer, Statler, Householder, Espinosa, Moffatt,

Summers, Blair, Hicks, Byrd and Upson)

[Passed March 14, 2015; in effect ninety days from passage.]

AN ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-9d, relating to crimes against the person; providing that strangling is a criminal offense; defining bodily injury and strangling; providing a felony offense of strangling another; and providing criminal penalties.

Be it enacted by the Legislature of West Virginia:

             That the Code of West Virginia, 1931, as amended, be amended, by adding thereto a new section, designated §61-2-9d, to read as follows:

§61-2-9d. Strangulation; definitions; penalties.

            (a) As used in this section:

            (1) “Bodily injury” means substantial physical pain, illness or any impairment of physical condition;

            (2) “Strangle” means knowingly and willfully restricting another person’s air intake or blood flow by the application of pressure on the neck or throat;

            (b) Any person who strangles another and thereby causes them bodily injury or thereby to lose consciousness is guilty of a felony and upon conviction thereof shall be confined in a state correctional facility for not less than one year or more than five years fined not more than $2,500.00, or both.