(a) A person is guilty of strangulation or suffocation in the second degree when such person restrains another person by the neck or throat or obstructs such other person's nose or mouth with the intent to impede the ability of such other person to breathe or restrict blood circulation of such other person and such person impedes the ability of such other person to breathe or restricts blood circulation of such other person.
(b) No person shall be found guilty of strangulation or suffocation in the second degree and unlawful restraint or assault upon the same incident, but such person may be charged and prosecuted for all three offenses upon the same information. For the purposes of this section, “unlawful restraint” means a violation of section 53a-95 or 53a-96, and “assault” means a violation of section 53a-59, 53a-59a, 53a-59b, 53a-59c, 53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-61 or 53a-61a.
(c) Strangulation or suffocation in the second degree is a class D felony.
(P.A. 07-123, S. 9; P.A. 17-31, S. 4.)
History: P.A. 17-31 amended Subsec. (a) to add provision re obstruction of nose or mouth and added reference to suffocation.
The “same incident” prohibition was included by the legislature in Subsec. (b) rather than Subsec. (a) because the provision is not intended to set forth an element of the crime, but, rather, to express legislative intentions relating specifically to double jeopardy. 339 C. 452.
Prohibition on multiple convictions arising out of the same incident in Subsec. (b) does not apply when convictions stem from wholly separate criminal conduct by defendant even if committed against the same victim on the same day. 142 CA 657. Facts presented did not allow for combined convictions of strangulation in the second degree under Subsec. (b), unlawful restraint in the first degree under Sec. 53a-95 and assault in the third degree under Sec. 53a-61(a)(1). 149 CA 334.
Notes of Decisions
Cited in
35
cases (
8 in the last 5 years), 2012–2025 · leading case:
State v. Graham S., 87 A.3d 1182 (Conn. App. Ct. 2014).
State v. Graham S., 87 A.3d 1182 (Conn. App. Ct. 2014).
· cites it 10× “, appeals from the judgment of conviction, rendered after a jury trial, of burglary in the first degree in violation of General Statutes § 53a-101 (a) (2), unlawful restraint in the first degree in violation of General Statutes § 53a-95, assault in the third degree in violation…”
State v. Miranda, 64 A.3d 1268 (Conn. App. Ct. 2013).
· cites it 9× “The defendant, Nuno Miranda, pleaded guilty to one count each of strangulation in the second degree in violation of General Statutes § 53a-64bb and unlawful restraint in the first degree in violation of General Statutes § 53a-95, in connection with conduct he engaged in while in…”
State v. Weatherspoon, 212 A.3d 208 (Conn. 2019).
· cites it 2× “The defendant subsequently was arrested and charged with sexual assault in a cohabiting relationship in violation of § 53a-70b, strangulation in the second degree in violation of General Statutes § 53a-64bb, and assault in the third degree in violation of § 53a-61 (a) (1).”
State v. Urbanowski, 172 A.3d 201 (Conn. 2017).
· cites it 2× “Urbanowski, guilty of assault in the second degree in violation of General Statutes § 53a-60 (a) (1), breach of the peace in the second degree in violation of General Statutes § 53a-181 (a) (2), strangulation in the second degree in violation of General Statutes § 53a-64bb (a),…”
State v. Dubuisson, 191 A.3d 229 (Conn. App. Ct. 2018).
· cites it 4× “*63 *232 The defendant, Walker Wilner Dubuisson, appeals from the judgment of conviction rendered by the trial court, following a jury trial, on the charge of strangulation in the second degree in violation of General Statutes § 53a-64bb. The defendant claims that *64 (1) the…”
Ampero v. Comm'r of Corr., 157 A.3d 1192 (Conn. App. Ct. 2017).
· cites it 2× “The state charged the petitioner with kidnapping in the first degree in violation of General Statutes § 53a-92 (a) (2) (A), kidnapping in the second degree in violation *673 of General Statutes § 53a-94 (a), strangulation in the second degree in violation of General Statutes §…”
State v. Cervantes, 158 A.3d 430 (Conn. App. Ct. 2017).
· cites it 2× “In a long form information, the state charged the defendant with two counts of sexual assault in the first degree, and one count of attempt to commit sexual assault in the first degree, home invasion, burglary in the first degree in violation of General Statutes § 53a-101(a)(1),…”
State v. Warner, 138 A.3d 463 (Conn. App. Ct. 2016).
· cites it 2× “In setting forth the factual basis for the plea in the first case, the state recounted that in the early morning of December 9, 2013, the defendant grabbed the victim 4 by the throat, impeding *466 her ability to breathe.”
State v. Spring, 199 A.3d 21 (Conn. App. Ct. 2018).
· cites it 2× “Spring, appeals from the judgment of conviction, rendered after a jury trial, of strangulation in the second degree in violation of General Statutes § 53a-64bb (a) and assault in the third degree in violation of General Statutes § 53a-61 (a) (1).”
State v. Ampero, 72 A.3d 435 (Conn. App. Ct. 2013).
· cites it 2× “Following the April, 2009 incident that ended their relationship, the victim encountered the defendant twice more: the defendant followed the victim from her friend’s house to her mother’s house and also threatened her over the phone with a gun that he claimed to have, which was…”
State v. Linder, 159 A.3d 697 (Conn. App. Ct. 2017).
· cites it 7× “General Statutes § 53a-64bb. In the present case, the jury heard evidence that the defendant wrapped his hands around the victim's neck and squeezed.”
State v. Owen, 207 A.3d 17 (Conn. 2019).
· cites it 2× “to 2015) § 53a-64bb, assault in the second degree in violation of General Statutes § 53a-60 (a) (1), unlawful restraint in the second degree in violation of General Statutes § 53a-96 (a), threatening in the second degree in violation of General Statutes (Rev.”
— Conn. Gen. Stat. § 53a-64bb(a) — 2 cases
State v. Cervantes, 158 A.3d 430 (Conn. App. Ct. 2017).
“In a long form information, the state charged the defendant with two counts of sexual assault in the first degree, and one count of attempt to commit sexual assault in the first degree, home invasion, burglary in the first degree in violation of General Statutes § 53a-101(a)(1),…”
State v. Linder, 159 A.3d 697 (Conn. App. Ct. 2017).
“General Statutes § 53a-64bb. In the present case, the jury heard evidence that the defendant wrapped his hands around the victim's neck and squeezed.”
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