§ 2718. Strangulation.
(a) Offense defined.--A person commits the offense of strangulation if the person knowingly or intentionally
impedes the breathing or circulation of the blood of another person by:
(1) applying pressure to the throat or neck; or
(2) blocking the nose and mouth of the person.
(b) Physical injury.--Infliction of a physical injury to a victim shall not be an element of the offense.
The lack of physical injury to a victim shall not be a defense in a prosecution under
this section.
(c) Affirmative defense.--It shall be an affirmative defense to a charge under this section that the victim
consented to the defendant's actions as provided under section 311 (relating to consent).
(d) Grading.--
(1) Except as provided in paragraph (2) or (3), a violation of this section shall constitute
a misdemeanor of the second degree.
(2) A violation of this section shall constitute a felony of the second degree if committed:
(i) against a family or household member as defined in 23 Pa.C.S. § 6102 (relating to
definitions);
(ii) by a caretaker against a care-dependent person; or
(iii) in conjunction with sexual violence as defined in 42 Pa.C.S. § 62A03 (relating to
definitions) or conduct constituting a crime under section 2709.1 (relating to stalking)
or Subchapter B of Chapter 30 (relating to prosecution of human trafficking).
(3) A violation of this section shall constitute a felony of the first degree if:
(i) at the time of commission of the offense, the defendant is subject to an active protection
from abuse order under 23 Pa.C.S. Ch. 61 (relating to protection from abuse) or a
sexual violence or intimidation protection order under 42 Pa.C.S. Ch. 62A (relating
to protection of victims of sexual violence or intimidation) that covers the victim;
(ii) the defendant uses an instrument of crime as defined in section 907 (relating to possessing
instruments of crime) in commission of the offense under this section; or
(iii) the defendant has previously been convicted of an offense under paragraph (2) or a
substantially similar offense in another jurisdiction.
(e) Definitions.--As used in this section, the following words and phrases shall have the meanings given
to them in this subsection unless the context clearly indicates otherwise:
"Care-dependent person." An adult who, due to physical or cognitive disability or impairment, requires assistance
to meet his needs for food, shelter, clothing, personal care or health care.
"Caretaker." Any person who:
(1) Is an owner, operator, manager or employee of any of the following:
(i) A nursing home, personal care home, assisted living facility, private care residence
or domiciliary home.
(ii) A community residential facility or intermediate care facility for a person with mental
disabilities.
(iii) An adult daily living center.
(iv) A home health service provider whether licensed or unlicensed.
(v) An entity licensed under the act of July 19, 1979 (P.L.130, No.48), known as the Health
Care Facilities Act.
(2) Provides care to a care-dependent person in the settings described under paragraph
(1).
(3) Has an obligation to care for a care-dependent person for monetary consideration in
the settings described under paragraph (1).
(4) Is an adult who resides with a care-dependent person and who has a legal duty to provide
care or who has voluntarily assumed an obligation to provide care because of a familial
relationship, contract or court order.
(5) Is an adult who does not reside with a care-dependent person but who has a legal duty
to provide care or who has affirmatively assumed a responsibility for care or who
has responsibility by contract or court order.
"Legal entity." An individual, partnership, unincorporated association, corporation or governing authority.
"Private care residence."
(1) A private residence:
(i) in which the owner of the residence or the legal entity responsible for the operation
of the residence, for monetary consideration, provides or assists with or arranges
for the provision of food, room, shelter, clothing, personal care or health care in
the residence, for a period exceeding 24 hours, to fewer than four care-dependent
persons who are not relatives of the owner; and
(ii) which is not required to be licensed as a long-term care nursing facility, as defined
in section 802.1 of the Health Care Facilities Act.
(2) The term does not include:
(i) Domiciliary care as defined in section 2202-A of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929.
(ii) A facility which provides residential care for fewer than four care-dependent adults
and which is regulated by the Department of Human Services.
(Oct. 26, 2016, P.L.888, No.111, eff. 60 days)
2016 Amendment. Act 111 added section 2718.
Cross References. Section 2718 is referred to in sections 2709.1, 2711, 5702, 9158 of this title; sections
5329, 6344, 6711 of Title 23 (Domestic Relations); sections 5920, 9714 of Title 42
(Judiciary and Judicial Procedure).
Notes of Decisions
Cited in
71
cases (
52 in the last 5 years), 2018–2026 · leading case:
Com. v. Weitzel, E., 304 A.3d 1219, 2023 PA Super 226 (Pa. Super. Ct. 2023).
Com. v. Weitzel, E., 304 A.3d 1219, 2023 PA Super 226 (Pa. Super. Ct. 2023).
· cites it 4× “18 Pa.C.S. § 2718(a)(1); Commonwealth v. Horlick, 296 A.”
Com. v. Percell, R., 2024 PA Super 294.
· cites it 3× “Pursuant to 18 Pa.C.S. § 2718(a), “[a] person commits the offense of Strangulation if the person knowingly or intentionally impedes the breathing or circulation of the blood of another person by: (1) applying pressure to the throat or neck; or (2) blocking the nose and mouth of…”
Com. v. Hawley, A., No. 604 MDA 2023 (Pa. Super. Ct. Apr. 16, 2024).
· cites it 7× “18 Pa.C.S. § 2718(a). -6- J-A02013-24 Here, the trial court explained: As was pointed out during oral argument by counsel for [Appellant, 18 Pa.”
Com. v. Kopack, W., No. 1239 EDA 2018 (Pa. Super. Ct. Dec. 21, 2018).
· cites it 6× “The victim ____________________________________________ 1 18 Pa.C.S. § 2718(a)(1). 2 18 Pa.C.S. § 2701(a)(1).”
Com. v. Bush, S., No. 2800 EDA 2018 (Pa. Super. Ct. May 7, 2020).
· cites it 6× “18 Pa. C.S. § 2718(a), (d) (emphasis added).”
Com. v. Whitaker, D., No. 1664 EDA 2020 (Pa. Super. Ct. Apr. 12, 2022).
· cites it 5× “1 18 Pa.C.S. §§ 2718(a), 2710(a)(3), 907 and 3307(a)(3), respectively.”
Com. v. Hudson, J., No. 898 MDA 2022 (Pa. Super. Ct. May 4, 2023).
· cites it 4× “See 18 Pa.C.S. § 2718; see also Brown, 52 A.3d at 1171 (holding that a witness’s prior inconsistent statements are sufficient to sustain a conviction so long as the statements “taken as a whole, establish every element of the offense charged beyond a reasonable doubt”).”
Com. v. McNeil, S., No. 1422 MDA 2020 (Pa. Super. Ct. June 21, 2021).
· cites it 4× “Pursuant to 18 Pa.C.S. § 2718(a), “[a] person commits the offense of Strangulation if the person knowingly or intentionally impedes the breathing or circulation of the blood of another person by: (1) applying pressure to the throat or neck; or (2) blocking the nose and mouth of…”
Com. v. Seif, S., No. 943 WDA 2018 (Pa. Super. Ct. Sept. 10, 2020).
· cites it 3× “§ 2301, with 18 Pa.C.S. § 2718(a)(1). Unlawful restraint does not require proof that a defendant impeded “the breathing or circulation of the blood of another person by .”
Com. v. Horning, G., No. 570 EDA 2021 (Pa. Super. Ct. Dec. 3, 2021).
· cites it 3× “2 18 Pa.C.S. § 2718(a)(1), (d)(2)(i). J-S33018-21 degree,3 terroristic threats,4 simple assault,5 and unlawful restraint.”
Com. v. Glynn, X., No. 1051 EDA 2020 (Pa. Super. Ct. May 25, 2022).
· cites it 3× “Complainant asked Appellant to feed the ____________________________________________ 1 Respectively, 18 Pa.C.S. §§ 2718, 2701, 2705, and 2709.”
18 Pa. Cons. Stat. § 2718(a): 11 cases
Com. v. Percell, R., 2024 PA Super 294.
“Pursuant to 18 Pa.C.S. § 2718(a), “[a] person commits the offense of Strangulation if the person knowingly or intentionally impedes the breathing or circulation of the blood of another person by: (1) applying pressure to the throat or neck; or (2) blocking the nose and mouth of…”
Com. v. Whitaker, D., No. 1664 EDA 2020 (Pa. Super. Ct. Apr. 12, 2022).
“1 18 Pa.C.S. §§ 2718(a), 2710(a)(3), 907 and 3307(a)(3), respectively.”
Com. v. Bush, S., No. 2800 EDA 2018 (Pa. Super. Ct. May 7, 2020).
“18 Pa. C.S. § 2718(a), (d) (emphasis added).”
Com. v. Hawley, A., No. 604 MDA 2023 (Pa. Super. Ct. Apr. 16, 2024).
“18 Pa.C.S. § 2718(a). -6- J-A02013-24 Here, the trial court explained: As was pointed out during oral argument by counsel for [Appellant, 18 Pa.”
18 Pa. Cons. Stat. § 2718(a)(1): 49 cases
Com. v. Weitzel, E., 304 A.3d 1219, 2023 PA Super 226 (Pa. Super. Ct. 2023).
“18 Pa.C.S. § 2718(a)(1); Commonwealth v. Horlick, 296 A.”
Com. v. Kopack, W., No. 1239 EDA 2018 (Pa. Super. Ct. Dec. 21, 2018).
“The victim ____________________________________________ 1 18 Pa.C.S. § 2718(a)(1). 2 18 Pa.C.S. § 2701(a)(1).”
Com. v. Horning, G., No. 570 EDA 2021 (Pa. Super. Ct. Dec. 3, 2021).
“2 18 Pa.C.S. § 2718(a)(1), (d)(2)(i). J-S33018-21 degree,3 terroristic threats,4 simple assault,5 and unlawful restraint.”
Com. v. Seif, S., No. 943 WDA 2018 (Pa. Super. Ct. Sept. 10, 2020).
“§ 2301, with 18 Pa.C.S. § 2718(a)(1). Unlawful restraint does not require proof that a defendant impeded “the breathing or circulation of the blood of another person by .”
18 Pa. Cons. Stat. § 2718(a)(2): 2 cases
18 Pa. Cons. Stat. § 2718(a)(2)(i): 1 case
Com. v. Hawley, A., No. 604 MDA 2023 (Pa. Super. Ct. Apr. 16, 2024).
“18 Pa.C.S. § 2718(a). -6- J-A02013-24 Here, the trial court explained: As was pointed out during oral argument by counsel for [Appellant, 18 Pa.”
18 Pa. Cons. Stat. § 2718(a)(I): 1 case
18 Pa. Cons. Stat. § 2718(b): 7 cases
Com. v. Percell, R., 2024 PA Super 294.
“Pursuant to 18 Pa.C.S. § 2718(a), “[a] person commits the offense of Strangulation if the person knowingly or intentionally impedes the breathing or circulation of the blood of another person by: (1) applying pressure to the throat or neck; or (2) blocking the nose and mouth of…”
Com. v. Whitaker, D., No. 1664 EDA 2020 (Pa. Super. Ct. Apr. 12, 2022).
“1 18 Pa.C.S. §§ 2718(a), 2710(a)(3), 907 and 3307(a)(3), respectively.”
Com. v. Seif, S., No. 943 WDA 2018 (Pa. Super. Ct. Sept. 10, 2020).
“§ 2301, with 18 Pa.C.S. § 2718(a)(1). Unlawful restraint does not require proof that a defendant impeded “the breathing or circulation of the blood of another person by .”
Com. v. Glynn, X., No. 1051 EDA 2020 (Pa. Super. Ct. May 25, 2022).
“Complainant asked Appellant to feed the ____________________________________________ 1 Respectively, 18 Pa.C.S. §§ 2718, 2701, 2705, and 2709.”
Com. v. Hudson, J., No. 898 MDA 2022 (Pa. Super. Ct. May 4, 2023).
“See 18 Pa.C.S. § 2718; see also Brown, 52 A.3d at 1171 (holding that a witness’s prior inconsistent statements are sufficient to sustain a conviction so long as the statements “taken as a whole, establish every element of the offense charged beyond a reasonable doubt”).”
18 Pa. Cons. Stat. § 2718(b)(b): 1 case
18 Pa. Cons. Stat. § 2718(d): 1 case
18 Pa. Cons. Stat. § 2718(d)(1): 3 cases
Com. v. Kopack, W., No. 1239 EDA 2018 (Pa. Super. Ct. Dec. 21, 2018).
“The victim ____________________________________________ 1 18 Pa.C.S. § 2718(a)(1). 2 18 Pa.C.S. § 2701(a)(1).”
18 Pa. Cons. Stat. § 2718(d)(2): 1 case
Com. v. Bush, S., No. 2800 EDA 2018 (Pa. Super. Ct. May 7, 2020).
“18 Pa. C.S. § 2718(a), (d) (emphasis added).”
18 Pa. Cons. Stat. § 2718(d)(2)(i): 3 cases
Com. v. Percell, R., 2024 PA Super 294.
“Pursuant to 18 Pa.C.S. § 2718(a), “[a] person commits the offense of Strangulation if the person knowingly or intentionally impedes the breathing or circulation of the blood of another person by: (1) applying pressure to the throat or neck; or (2) blocking the nose and mouth of…”
Com. v. Bush, S., No. 2800 EDA 2018 (Pa. Super. Ct. May 7, 2020).
“18 Pa. C.S. § 2718(a), (d) (emphasis added).”
Com. v. McNeil, S., No. 1422 MDA 2020 (Pa. Super. Ct. June 21, 2021).
“Pursuant to 18 Pa.C.S. § 2718(a), “[a] person commits the offense of Strangulation if the person knowingly or intentionally impedes the breathing or circulation of the blood of another person by: (1) applying pressure to the throat or neck; or (2) blocking the nose and mouth of…”
18 Pa. Cons. Stat. § 2718(d)(2)(ii): 1 case
Com. v. Kopack, W., No. 1239 EDA 2018 (Pa. Super. Ct. Dec. 21, 2018).
“The victim ____________________________________________ 1 18 Pa.C.S. § 2718(a)(1). 2 18 Pa.C.S. § 2701(a)(1).”
18 Pa. Cons. Stat. § 2718(d)(3)(ii): 1 case
Com. v. Bush, S., No. 2800 EDA 2018 (Pa. Super. Ct. May 7, 2020).
“18 Pa. C.S. § 2718(a), (d) (emphasis added).”
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