In 2008, the legislature enacted Wisconsin Act 127 creating Wisconsin Statute 940.235, entitled Strangulation and Suffocation. The Strangulation and Suffocation Law defines and provides penalties for a person who engages in intentional strangulation and suffocation. The law closes a loophole that allowed batterers to avoid serious penalty for committing dangerous acts of strangulation and suffocation, a crime which many consider attempted homicide. this new law makes strangulation a felony.
KEY ELEMENTS OF STRANGULATION AND SUFFOCATION STATUTE 940.235 STRANGULATION AND SUFFOCATION
(1) ELEMENTS OF A CLASS H FELONY;COURSE OF CONDUCT
Whoever intentionally impedes the normal breathing or circulation of blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person.
(2) ELEMENTS OF A CLASS G FELONY;COURSE OF CONDUCT
Whoever violates sub (1) is guilty of a class G felony if the actor has previous conviction under this section or a previous conviction for a violent crime, as defined in s. 939.632(1)(e)1.
939.22 WORDS AND PHRASES
(10) “Dangerous weapon” means any firearm, whether loaded or unloaded; any device designed as a weapon and capable of producing death or great bodily harm; any ligature or other instrumentality used on the throat, neck, nose, or mouth of another person to impede, partially or completely, breathing or circulation or blood;any electric weapon, as defined in s. 941.295(4); or any other device or instrumentality which, in the manner it is used or intended to be used , is calculated or likely to produce death or great bodily harm.
(23) “Petechia” means a minute colored spot that appears on the skin, eye, eyelids, or mucous membrane of a person as a result of localized hemorrhage or rupture to a blood vessel or capillary.
(38) ” Substantial bodily harm” means bodily injury that causes a laceration that requires stitches, staples, or tissue ashesive; and fracture of a bone; a broken nose; a burn; a petechia , a temporary lose of consciousness, sight or hearing, a concussion; or a loss or fracture of a tooth.