Ohio Code 2903.18 – Strangulation
(A) As used in this section:
Attorney's Note
Under the Ohio Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Felony of the second degree | 2 years or more | up to $15,000 |
| Felony of the third degree | 9 months to 5 years | up to $10,000 |
| Felony of the fourth degree | 6 to 18 months | up to $5,000 |
| Felony of the fifth degree | 6 to 12 months | up to $2,500 |
Terms Used In Ohio Code 2903.18
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Whoever: includes all persons, natural and artificial; partners; principals, agents, and employees; and all officials, public or private. See Ohio Code 1.02
(1) “Strangulation or suffocation” means any act that impedes the normal breathing or circulation of the blood by applying pressure to the throat or neck, or by covering the nose and mouth.
(2) “Dating relationship” has the same meaning as in section 3113.31 of the Revised Code.
(3) “Family or household member” has the same meaning as in section 2919.25 of the Revised Code.
(4) “Person with whom the offender is or was in a dating relationship” means a person who at the time of the conduct in question is in a dating relationship with the defendant or who, within the twelve months preceding the conduct in question, has had a dating relationship with the defendant.
(B) No person shall knowingly do any of the following:
(1) Cause serious physical harm to another by means of strangulation or suffocation;
(2) Create a substantial risk of serious physical harm to another by means of strangulation or suffocation;
(3) Cause or create a substantial risk of physical harm to another by means of strangulation or suffocation.
(C) Whoever violates this section is guilty of strangulation.
(1) A violation of division (B)(1) of this section is a felony of the second degree.
(2) A violation of division (B)(2) of this section is a felony of the third degree.
(3) A violation of division (B)(3) of this section is a felony of the fifth degree. If the victim of the violation of division (B)(3) of this section is a family or household member, or is a person with whom the offender is or was in a dating relationship, a violation of division (B)(3) of this section is a felony of the fourth degree. If the victim of the offense is a family or household member, or is a person with whom the offender is or was in a dating relationship, and the offender previously has been convicted of or pleaded guilty to a felony offense of violence, or if the offender knew that the victim of the violation was pregnant at the time of the violation, a violation of division (B)(3) of this section is a felony of the third degree.
(D) It is an affirmative defense to a charge under division (B) of this section that the act was done as part of a medical or other procedure undertaken to aid or benefit the victim.
Last updated March 9, 2023 at 5:13 PM