S 455

South Carolina General Assembly
126th Session, 2025-2026
Bill 455
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
Committee Report
April 29, 2025
S. 455
Introduced
by Senator Adams
S. Printed 4/29/25--S.
Read the first time March 13, 2025
________
The committee on Senate Judiciary
To whom was referred a Bill (S. 455) to amend
the South Carolina Code of Laws by adding Section 16-3-605 so as to define the
term "strangulation," create the offenses of strangulation and aggravated,
etc., respectfully
Report:
That they have duly and carefully considered
the same, and recommend that the same do pass:
LUKE RANKIN for Committee.
_______
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION
16-3-605 SO AS TO DEFINE THE TERM "STRANGULATION," CREATE THE OFFENSES OF
STRANGULATION AND AGGRAVATED STRANGULATION, PROVIDE PENALTIES FOR THE OFFENSES,
AND PROVIDE AN EXCEPTION.
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  Chapter 3, Title 16 of the S.C. Code is amended by
adding:
    Section
16-3-605.  (A) For purposes of this
section, "strangulation" means the restricting of a person's air flow or blood
circulation by external pressure to the throat or neck, or the blocking of a
person's nose or mouth, or applying weight to the torso, abdomen, or shoulders
so as to restrict a person's breathing regardless of whether that conduct
results in a visible injury or whether there is intent to kill or protractedly
injure another person.
    (B) A
person commits the offense of strangulation if he knowingly or intentionally impedes
or creates a substantial risk of impeding normal breathing or restricting air
flow or circulation of blood by applying pressure to the throat or neck of
another person by blocking the person's nose or mouth, or applying weight to
the torso, abdomen, or shoulders so as to restrict breathing of another person
regardless of whether that conduct results in a visible injury or whether there
is intent to kill or protractedly injure another person.
    (C)
Except as provided in subsection (D), a person who violates the provisions of
this section is guilty of the offense of strangulation and, upon conviction,
must be imprisoned not less than three years but not more than ten years.
    (D)(1) A person commits the offense of
aggravated strangulation if, at the time of the commission of the offense, he:
  (a)
is subject to a valid order of protection or restraining order, regardless of
whether the order is emergency, permanent, or otherwise;
  (b)
wields a deadly weapon, as defined in Section 16-25-10, or ligatures including,
but not limited to, a rope or similar object that may cause asphyxia without
suspending the body; or
  (c)
has a prior conviction for a strangulation offense pursuant to the provisions
of this section.
       (2)
A person who violates the provisions of this subsection, upon conviction, must
be imprisoned not less than ten years but not more than twenty years.
    (E)
Law enforcement shall inform a victim of a strangulation offense, as defined in
this section, that strangulation may cause serious internal injuries and
encourage the victim to seek medical attention, as appropriate.
    (F) Infliction
of physical injury to another person is not an element of the offense due to
the nature of the possibility of injuries that are not readily visible. The
lack of physical injury to another person is not a defense in a prosecution pursuant
to the provisions of this section.
    (G) It
is an affirmative defense to a charge pursuant to this section that the act was
performed as part of a necessary medical procedure to aid or benefit the victim
or was an otherwise lawful action taken by a person or law enforcement
personnel. Additionally, it is an affirmative defense to a charge pursuant to
this section that the victim consented to the defendant's actions.
SECTION 2.  This act takes effect upon approval
by the Governor.
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This web page was last updated on April 29, 2025 at 09:08 PM