Sec. 9. (a) This section does not apply to a medical
procedure.
(b) As used in this section, "torso" means any part of the upper body
from the collarbone to the hips.
(c) A person who, in a rude, angry, or insolent manner, knowingly
or intentionally:
(1) applies pressure to the throat or neck of another person;
(2) obstructs the nose or mouth of the another person; or
(3) applies pressure to the torso of another person;
in a manner that impedes the normal breathing or the blood circulation
of the other person commits strangulation, a Level 6 felony.
(d) However, the offense under subsection (c) is a Level 5 felony if:
(1) the offense is committed by a person:
(A) against a pregnant woman; and
(B) who knew the victim was pregnant at the time of the
offense; or
(2) the person has a prior unrelated conviction under this section.
As added by P.L.129-2006, SEC.2. Amended by P.L.158-2013,
SEC.432; P.L.252-2017, SEC.11; P.L.40-2019, SEC.9; P.L.142-2020,
SEC.65.
Notes of Decisions
Larry C. Perry, Jr. v. State of Indiana, 78 N.E.3d 1 (Ind. Ct. App. 2017).
· cites it 2× “Indiana Code Section 35-42-2-9 defines strangulation in pertinent part as the knowing or intentional application of pressure to the throat or neck of another person in a rude, angry, or insolent manner that impedes the other person’s normal breathing or blood circulation, 10 .”
Michael Johnson v. State of Indiana, 6 N.E.3d 491 (Ind. Ct. App. 2014).
· cites it 4× “5 I.C. § 35-42-2-9. 6 I.C. § 35-45-2-5. 2 out and did not return home until 3:00 or 4:00 a.”
Croy v. State, 953 N.E.2d 660 (Ind. Ct. App. 2011).
· cites it 2× “The State charged Croy with domestic battery, criminal confinement, and strangulation, a Class D felony, Indiana Code section 35-42-2-9(b) (2006). The case was tried to a jury.”
United States v. Ruben Mancillas, 880 F.3d 297 (7th Cir. 2018).
· cites it 2× “Ind. Code § 35-42-2-9 (2006). Mancillas focuses on the second means of committing strangulation: by obstructing the nose or mouth of another.”
Perry v. State, 956 N.E.2d 41 (Ind. Ct. App. 2011).
· cites it 2× “Strangulation Indiana Code section 35-42-2-9(b) provides that a person who, in a rude, angry, or insolent manner, knowingly or intentionally (1) applies pressure to the throat or neck of another person or (2) obstructs the nose or mouth of another person, in a manner that…”
Cooper v. State, 917 N.E.2d 667 (Ind. 2009).
· cites it 2× “Although the record is not altogether clear, apparently Cooper was eventually charged with strangulation as a Class D felony, see Ind.Code § 35-42-2-9 (West Supp.2009); domestic battery as a Class D felony, see Ind.”
Brent Cole v. State of Indiana, 28 N.E.3d 1126 (Ind. Ct. App. 2015).
· cites it 2× “Ind.Code § 35-42-2-9 (2013). Cole was originally charged and found guilty by the jury of strangulation as a Class O felony, but the trial court entered a judgment of conviction for this offense, as a Class A misdemeanor at sentencing.”
State of Indiana v. Frank Greene, 16 N.E.3d 416 (Ind. 2014).
· cites it 2× “Code § 35-42-2-1 (2008)), class D felony strangulation (Ind.Code § 35-42-2-9 (2008)), class D felony and class A misdemeanor intimidation ( Ind.”
Sauntio Carter v. State of Indiana, 67 N.E.3d 1041 (Ind. Ct. App. 2016).
· cites it 4× “[10] On August 31, 2015, the State filed an Information, charging Carter with Count I, strangulation, a Level 6 felony, I.C. § 35-42-2-9(b); and Count II, battery resulting in bodily injury, a Class A misdemeanor, I.”
Joshua King v. State of Indiana, 985 N.E.2d 755 (Ind. Ct. App. 2013).
· cites it 2× “Ind.Code § 35-42-2-9. 4 . King argues the trial court abused its discretion when it admitted Carpenter’s testimony regarding what C.”
Cody J. Chambless v. State of Indiana, 119 N.E.3d 182 (Ind. Ct. App. 2019).
· cites it 2× “4 Chambless has waived this claim because while he made a general objection at trial on hearsay grounds at the outset of Medic Bradbury's testimony, he failed to object on these more specific grounds when Medic Bradbury testified that K.”
— Ind. Code § 35-42-2-9(B) — 1 case
— Ind. Code § 35-42-2-9(b) — 17 cases
Croy v. State, 953 N.E.2d 660 (Ind. Ct. App. 2011).
“The State charged Croy with domestic battery, criminal confinement, and strangulation, a Class D felony, Indiana Code section 35-42-2-9(b) (2006). The case was tried to a jury.”
Perry v. State, 956 N.E.2d 41 (Ind. Ct. App. 2011).
“Strangulation Indiana Code section 35-42-2-9(b) provides that a person who, in a rude, angry, or insolent manner, knowingly or intentionally (1) applies pressure to the throat or neck of another person or (2) obstructs the nose or mouth of another person, in a manner that…”
Sauntio Carter v. State of Indiana, 67 N.E.3d 1041 (Ind. Ct. App. 2016).
“[10] On August 31, 2015, the State filed an Information, charging Carter with Count I, strangulation, a Level 6 felony, I.C. § 35-42-2-9(b); and Count II, battery resulting in bodily injury, a Class A misdemeanor, I.”
— Ind. Code § 35-42-2-9(b)(1) — 4 cases
— Ind. Code § 35-42-2-9(b)(2) — 1 case
— Ind. Code § 35-42-2-9(c) — 3 cases
Annotations are extracted automatically from the opinions in the
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