2020 West Virginia Code
Chapter 61. Crimes and Their Punishment
Article 2. Crimes Against the Person
§61-2-9d. Strangulation; Suffocation and Asphyxiation; Definitions; Penalties
(a) As used in this section:
Bodily injury means substantial physical pain, illness or any impairment of physical condition;
Strangle means knowingly and willfully restricting another persons air intake or blood flow by the application of pressure on the neck or throat;
Suffocate means knowingly and willfully restricting the normal breathing or circulation of blood by blocking the nose or mouth of another; and
Asphyxiate means knowingly and willfully restricting the normal breathing or circulation of blood by the application of pressure on the chest or torso.
(b) Any person who strangles, suffocates or asphyxiates another without that persons consent and thereby causes the other person bodily injury or loss of consciousness is guilty of a felony and, upon conviction thereof, shall be fined not more than $2,500 or imprisoned in a state correctional facility not less than one year or more than five years, or both fined and imprisoned.
