(a) For the purposes of this section, the following terms have the following meanings:
(1) STRANGULATION. Intentionally causing asphyxia by closure or compression of the blood vessels or air passages of the neck as a result of external pressure on the neck.
(2) SUFFOCATION. Intentionally causing asphyxia by depriving a person of air or by preventing a person from breathing through the inhalation of toxic gases or by blocking or obstructing the airway of a person, by any means other than by strangulation.
(b) A person commits the crime of domestic violence by strangulation or suffocation if he or she commits an assault with intent to cause physical harm or commits the crime of menacing pursuant to Section 13A-6-23, by strangulation or suffocation or attempted strangulation or suffocation and the victim is a current or former spouse, parent, step-parent, child, step-child, grandparent, step-grandparent, grandchild, step-grandchild, any person with whom the defendant has a child in common, a present household member, or a person who has or had a dating relationship with the defendant. For the purpose of this section, a household member excludes non-romantic or non-intimate co-residents, and a dating relationship means a current or former relationship of a romantic or intimate nature characterized by the expectation of affectionate or sexual involvement by either party.
(c) Domestic violence by strangulation or suffocation is a Class B felony punishable as provided by law.
(Act 2011-581, p. 1273, §3; Act 2015-493, p. 1679, §2; Act 2019-252, §1; Act 2023-494, §1.)
Notes of Decisions
Cited in
8
cases (
2 in the last 5 years), 2013–2025 · leading case:
Birdsong v. State, 267 So. 3d 343 (Ala. Crim. App. 2017).
Birdsong v. State, 267 So. 3d 343 (Ala. Crim. App. 2017).
· cites it 2× “Code 1975, domestic violence by strangulation, see § 13A-6-138, Ala. Code 1975, violating a domestic-violence protection order, see § 13A-6-142, Ala.”
Davis v. State, 168 So. 3d 1210 (Ala. 2015).
· cites it 6× “Davis was charged with committing domestic violence by strangulation or suffocation, a violation of § 13A-6-138, Ala. Code 1975. Davis was tried by a jury, was convicted, and was sentenced, apparently as a habitual felony offender, to 30 years’ imprisonment.”
People v. Figueroa, 40 Misc. 3d 1010 (Rye City Ct. 2013).
“(Ala Code § 13A-6-138.) Connecticut’s strangulation in the second degree is very similar to New York’s statutory language.”
Birdsong v. State, 267 So. 3d 343 (Ala. Crim. App. 2017).
· cites it 2× “Code 1975, domestic violence by strangulation, see § 13A-6-138, Ala. Code 1975, violating a domestic-violence protection order, see § 13A-6-142, Ala.”
Thomas v. State, 214 So. 3d 1211 (Ala. Crim. App. 2015).
· cites it 9× “Code 1975, and domestic violence by strangulation or suffocation, see § 13A-6-138, Ala.Code 1975, and his sentences of 10 years’ imprisonment for each offense.”
United States v. Alphonso Battle (11th Cir. 2025).
· cites it 3× “USCA11 Case: 24-12046 Document: 27-1 Date Filed: 04/29/2025 Page: 4 of 6 4 Opinion of the Court 24-12046 Here, the district court did not abuse its discretion by revok- ing Battle’s supervised release based on the finding that he violated the conditions of his release by…”
Acre v. Chambers, 129 F. Supp. 3d 1295 (M.D. Ala. 2015).
· cites it 2× “CODE § 13A-6-132 and § 13A-6-138. Pursuant to ALA. CODE § 13A-6-132, [a]person commits domestic violence in the third degree if the person commits the crime of assault in the third degree pursuant to Section 13A-6-22; the.”
Anteaus Ockzavia Glenn v. State of Alabama (Ala. Crim. App. 2025).
“Subsequently, on December 2, 2024, Officer Jonathan Brumlow, with the ABPP, filed a supplemental delinquency report with the circuit court alleging that Glenn had violated his probation by "possess[ing], receiv[ing], or transport[ing] firearms," a technical violation, and for…”
Ala. Code § 13A-6-138(a): 1 case
Thomas v. State, 214 So. 3d 1211 (Ala. Crim. App. 2015).
“Code 1975, and domestic violence by strangulation or suffocation, see § 13A-6-138, Ala.Code 1975, and his sentences of 10 years’ imprisonment for each offense.”
Ala. Code § 13A-6-138(b): 4 cases
Birdsong v. State, 267 So. 3d 343 (Ala. Crim. App. 2017).
“Code 1975, domestic violence by strangulation, see § 13A-6-138, Ala. Code 1975, violating a domestic-violence protection order, see § 13A-6-142, Ala.”
Birdsong v. State, 267 So. 3d 343 (Ala. Crim. App. 2017).
“Code 1975, domestic violence by strangulation, see § 13A-6-138, Ala. Code 1975, violating a domestic-violence protection order, see § 13A-6-142, Ala.”
United States v. Alphonso Battle (11th Cir. 2025).
“USCA11 Case: 24-12046 Document: 27-1 Date Filed: 04/29/2025 Page: 4 of 6 4 Opinion of the Court 24-12046 Here, the district court did not abuse its discretion by revok- ing Battle’s supervised release based on the finding that he violated the conditions of his release by…”
Thomas v. State, 214 So. 3d 1211 (Ala. Crim. App. 2015).
“Code 1975, and domestic violence by strangulation or suffocation, see § 13A-6-138, Ala.Code 1975, and his sentences of 10 years’ imprisonment for each offense.”
Ala. Code § 13A-6-138(c): 1 case
Thomas v. State, 214 So. 3d 1211 (Ala. Crim. App. 2015).
“Code 1975, and domestic violence by strangulation or suffocation, see § 13A-6-138, Ala.Code 1975, and his sentences of 10 years’ imprisonment for each offense.”
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