1.1 	A bill for an act
1.2 	relating to crimes; expanding the third degree assault
1.3 	crime to include assault by strangulation or
1.4 	asphyxiation; amending Minnesota Statutes 2004,
1.5 	section 609.223, by adding a subdivision.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2004, section 609.223, is
1.8 	amended by adding a subdivision to read:
1.9 		Subd. 4.Assault by strangulation or asphyxiation. (a)
1.10 	As used in this subdivision, "strangulation" means intentionally
1.11 	impeding normal breathing or circulation of the blood by
1.12 	applying pressure on the throat or neck or by blocking the nose
1.13 	or mouth of another person.
1.14 	(b) Unless a greater penalty is provided elsewhere, whoever
1.15 	assaults another by strangulation or asphyxiation is guilty of a
1.16 	felony and may be sentenced to imprisonment for not more than
1.17 	five years or to payment of a fine of not more than $10,000, or
1.18 	both.

1.19 	Sec. 2. EFFECTIVE DATE.
 1.20 	Section 1 is effective August 1, 2005, and applies to
1.21 	crimes committed on or after that date.