HB1634 (2010) Detail

Relative to assault by strangulation.


CHAPTER 8

HB 1634-FN – FINAL VERSION

14Apr2010… 1301eba

2010 SESSION

10-2056

04/10

HOUSE BILL 1634-FN

AN ACT relative to assault by strangulation.

SPONSORS: Rep. Shurtleff, Merr 10; Rep. Bettencourt, Rock 4; Rep. Rodd, Merr 5; Rep. Groen, Straf 1

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill adds strangulation to the second degree assault statute.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

14Apr2010… 1301eba

10-2056

04/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to assault by strangulation.

Be it Enacted by the Senate and House of Representatives in General Court convened:

8:1 Second Degree Assault. Amend RSA 631:2 to read as follows:

631:2 Second Degree Assault.

I. A person is guilty of a class B felony if he or she:

(a) Knowingly or recklessly causes serious bodily injury to another; or

(b) Recklessly causes bodily injury to another by means of a deadly weapon, except that if the deadly weapon is a firearm, he or she shall be sentenced in accordance with RSA 651:2, II-g; or

(c) Recklessly causes bodily injury to another under circumstances manifesting extreme indifference to the value of human life; or

(d) Purposely or knowingly causes bodily injury to a child under 13 years of age; or

(e) Recklessly or negligently causes injury to another resulting in miscarriage or stillbirth[.]; or

(f) Purposely or knowingly engages in the strangulation of another.

II. In this section:

(a) “Miscarriage” means the interruption of the normal development of the fetus other than by a live birth and not an induced abortion, resulting in the complete expulsion or extraction of a fetus[; and].

(b) “Stillbirth” means the death of a fetus prior to complete expulsion or extraction and not an induced abortion.

(c) “Strangulation” means the application of pressure to another person’s throat or neck, or the blocking of the person’s nose or mouth, that causes the person to experience impeded breathing or blood circulation or a change in voice.

8:2 Effective Date. This act shall take effect January 1, 2011.

Approved: May 4, 2010

Effective Date: January 1, 2011