Did you know that in October 2007, the Florida Legislature made it a felony battery charge if during a domestic violence battery incident a person either chokes, strangles or impedes the airway of the alleged victim? On October 1, 2007, Florida Statute 784.041 was amended to make a domestic violence battery by strangulation a 3rd degree felony. Prior to that time, a domestic violence battery was a 1st degree misdemeanor unless the victim suffered great bodily harm, permanent disability, or permanent disfigurement. After October 1, 2007, a person commits domestic violence battery by strangulation if the person knowingly and intentionally, against the will of another, impedes the normal breathing or circulation of the blood of a family or household member or of a person with whom he/she is in a dating relationship, so as to create a risk of or cause great bodily harm by applying pressure on the throat or neck of the other person or by blocking the nose or mouth of the other person. A person who commits domestic violence battery by strangulation commits a felony of the 3rd degree which is punishable by up to 5 years in prison.
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