An Act relative to the definition of strangulation
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Overview
This bill seeks to establish a clear legal definition of ‘strangulation’ within the state of Massachusetts. Currently, the term lacks a precise legal meaning, which can create challenges in legal proceedings and investigations. The proposed definition aims to provide clarity for law enforcement, courts, and legal professionals regarding various forms of physical restraint that could constitute strangulation. Ultimately, the goal is to ensure consistent application of the law in cases involving this type of harm.
Key provisions
- Defines ‘strangulation’ as the constriction of a person’s airway or circulation by applying pressure to the neck or windpipe.
- Includes various forms of restraint, such as gripping, squeezing, or applying pressure to the neck, as potential instances of strangulation.
- Addresses different levels of force and duration in determining the severity of strangulation.
- Clarifies that strangulation includes the use of objects to restrict breathing.
- Specifies that the definition applies to both intentional and unintentional acts.
- Outlines the intent behind the definition, focusing on the potential for serious harm.
- Addresses the potential for using the definition in criminal and civil cases.
Who is affected
- Law enforcement agencies
- Legal professionals (attorneys, judges)
- Victims of strangulation
- Criminal justice system
Bill text
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