(a) (1) A person commits the offense of strangulation if the person knowingly or intentionally impedes the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck of the other person.
(2) A person commits the offense of suffocation if the person knowingly or intentionally prevents another person from breathing by blocking or obstructing the nose or mouth of the other person.
(b) (1) Except as provided in paragraph (b)(2) of this section, strangulation or suffocation is a class D felony.
(2) Strangulation or suffocation is a class B felony if:
a. The person used or attempted to use a dangerous instrument or a deadly weapon while committing the offense; or
b. The person caused serious physical injury to the other person while committing the offense; or
c. [Repealed]
d. The person was subject to an existing court order prohibiting contact with the victim at the time of the offense; or
e. The person committed the offense against a pregnant female; or
f. The person committed the offense against a child.
(c) Notwithstanding any provisions of this Code to the contrary, any person who commits an offense under subsection (a) of this section within 5 years of a prior conviction under either subsection (a) or (b) of this section or a substantially similar section of another state, shall receive a minimum sentence of 1 year at Level 5.
(d) The absence of visible bodily injury shall not preclude a conviction under this section.
(e) It is an affirmative defense that an act constituting strangulation was the result of a legitimate medical procedure.
77 Del. Laws, c. 256,
§
1;
83 Del. Laws, c. 392,
§
1;
Notes of Decisions
Cited in
11
cases (
8 in the last 5 years), 2015–2025 · leading case:
State v. Clanton (Del. Super. Ct. 2022).
State v. Clanton (Del. Super. Ct. 2022).
· cites it 3× “16 The charge of Kidnapping in the Second Degree requires the State to prove that the defendant unlawfully restrained another person with any of the following purposes: (1) To hold the victim for ransom or reward; or (2) To use the victim as a shield or hostage; or (3) To…”
Rivera v. State (Del. 2016).
“11 Del. C.§ 607(a)(2); 11 Del. C.§ 4205(b)(5).”
State v. Conaway (Del. Super. Ct. 2019).
“, alleging that on or about the same time and place, defendant did knowingly or intentionally impede the breathing or ‘In 11 Del. C. § 607, it is provided: (a)(1) A person commits the offense of strangulation if the person knowingly or intentionally impedes the breathing or…”
State v. Wilkerson (Del. Super. Ct. 2021).
“One line 1 11 Del. C. §607(a)(1). 2 11 Del. C. §621(a)(1).”
Clanton v. State (Del. 2022).
“19 11 Del. C. § 607(a)(1). 20 11 Del. C. § 611(1).”
Clanton v. State (Del. 2022).
“19 11 Del. C. § 607(a)(1). 20 11 Del. C. § 611(1).”
State v. Perry (Del. Super. Ct. 2023).
“2 11 Del. C. § 607. 1 2. Defendant, through counsel, filed a written motion to withdraw the guilty plea dated November 29, 2022.”
State v. Rollins (Del. Super. Ct. 2024).
“33; 11 Del. C. § 607. 3 See Rollins v. State, 2015 WL 5032041, at *1 (Del.”
State v. McCray (Del. Super. Ct. 2024).
“§ 1447), Strangulation (11 Del. C. § 607), and Breach of Bond Conditions during Commitment (11 Del.”
White v. State (Del. 2025).
“See 11 Del. C. § 607(b)(1) (effective Aug. 4, 2022, to present) (providing that strangulation is a class that occurred on December 13, 2022.”
Rollins v. State (Del. 2015).
“15 11 Del. C. § 607. 16 Apprendi v. New Jersey, 530 U.”
— 11 Del. C. § 607(a)(1) — 3 cases
State v. Wilkerson (Del. Super. Ct. 2021).
“One line 1 11 Del. C. §607(a)(1). 2 11 Del. C. §621(a)(1).”
Clanton v. State (Del. 2022).
“19 11 Del. C. § 607(a)(1). 20 11 Del. C. § 611(1).”
Clanton v. State (Del. 2022).
“19 11 Del. C. § 607(a)(1). 20 11 Del. C. § 611(1).”
— 11 Del. C. § 607(a)(2) — 1 case
Rivera v. State (Del. 2016).
“11 Del. C.§ 607(a)(2); 11 Del. C.§ 4205(b)(5).”
— 11 Del. C. § 607(b)(1) — 1 case
White v. State (Del. 2025).
“See 11 Del. C. § 607(b)(1) (effective Aug. 4, 2022, to present) (providing that strangulation is a class that occurred on December 13, 2022.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.