Holding Perpetrators Accountable for
Crime of Strangulation
HB 1581 u PN 3089
The Pennsylvania Coalition Against Domestic Violence urges the
General Assembly to enact the crime of strangulation with the appropriate
penalties to hold perpetrators accountable for the violent and life-threatening act.
Currently 37 states and the U.S. Virgin Islands have passed strangulation laws that provide clear legislative
definitions.
Ø Strangulation is a common and dangerous means of assault in domestic violence cases
Ø Strangulation is a known risk factor for homicide
Ø Non-lethal strangulation causes significant injuries and is frequently used as a control tactic
Summary of House Bill 1581, PN 3089
House Bill 1581, sponsored by Representative Becky Corbin (R-Chester), would create the crime of felony
strangulation defined as knowingly or intentionally impeding the breathing or circulation of blood of another person
by applying pressure to the throat or neck, or blocking the nose and mouth of a person. Importantly, infliction of a
physical injury to a victim shall not be an element of the offense and the lack of physical injury to a victim cannot be
a defense to prosecution. Grading of the offense will be a felony of the second degree in cases involving domestic
violence, sexual assault, stalking, human trafficking and caretakers against a care-dependent person. The grading
will be a felony of the first degree if the defendant is subject to an active protection from abuse order or sexual
violence or intimidation protection order, uses an instrument of crime or has been previously convicted of the crime.
Background
Last year in Pennsylvania there were 146 domestic violence-related fatalities; of the 113 victims killed, 8 were
strangled.i While some victims were strangled to death, countless others endured non-fatal strangulation as their
abusive partners proved the victim’s life is in their hands. One study has shown the odds of becoming a homicide
victim increased by 800% for women who had been strangled by their partner.ii The occurrence of strangulation has
been reported in over half of women who were being assessed for intimate partner violence,iii and an alarming
number of victims have reported being strangled multiple times by their abusive partner.iv
Strangulation is often part of a broader violent event such as domestic violence and sexual assault. However,
criminalizing strangulation could have a broad positive impact on the safety of our communities and should not be
narrowed to only address cases involving violence against women. In fact, a study in California revealed that
strangulation is not only a lethality marker for female victims, but is also a lethality marker for police officers. Of the
eight law enforcement officers in California who died in the line of duty from intentional homicide between 1993 and
2013, 50% of the killers had a public records act history of strangulation assault and each had a history of domestic
violence.v
In Pennsylvania, prosecutors need additional tools—such as enhanced evidence collection from law enforcement
and medical professionals—to appropriately hold perpetrators accountable for non-fatal strangulation. Many
strangulation-related physical, neurological and psychological injuries may not appear until hours or days after the
attack. Therefore, it is a challenge for prosecutors to appropriately treat strangulation as a serious crime due to a
lack of physical evidence.
Action Requested:
Enact an amendment to the Crimes Code to create the specific offense of
strangulation and raise awareness of the unique dangers involved in such cases
and help prevent a non-lethal act of strangulation from later becoming domestic
violence homicide.
i
Pennsylvania Coalition Against Domestic Violence (2015). Murder-Suicides: Shockingly Common; 2015 Domestic
Violence Fatality Report.
ii Nancy Glass et al., “Non-Fatal Strangulation Is an Important Risk Factor for Homicide of Women”, 35 J. Emergency
Med. 329 (2008).
iii The occurrence of strangulation has been reported in 47%-68% of women who were being assessed for intimate
partner violence. J. Stephan Stapczynski, M.D., “Strangulation Injuries,” 31(17) Emergency Medicine Reports 196
(August 2, 2010).
iv
In a Maine survey, 79.3% of strangled victims reported being strangled more than once; 66.4% reported being
strangled to the point of unconsciousness. In a Georgia survey, 61% of the strangled victims reported being strangled
two or three times; 15% between four and 10 times; and 7% indicated they had been strangled more than 10 times. Gael
B. Strack, J.D. et al., “Why Didn’t Someone Tell Me? Health Consequences of Strangulation Assaults for Survivors”,
19(3) Domestic Violence Report (August/September 2014).
v C. Gwinn, J.D., “Men Who Strangle Women Also Kill Cops,” 19(3) Domestic Violence Report (August/September
2014).
Pennsylvania Coalition Against Domestic Violence u 1-888-235-3425 u www.pcadv.org u Page 2 of 2