Maryland HB 233: Criminal Law – Assault in the First Degree – Strangulation

Bill Text

LAWRENCE J. HOGAN, JR., Governor Ch. 119 
 
– 1 – 
Chapter 119 
(House Bill 233) 
 
AN ACT concerning 
 
Criminal Law – Assault in the First Degree – Suffocation or Strangulation 
 
FOR  the  purpose  of  prohibiting  a  person  from  committing  an  assault  by  intentionally 
suffocating  or strangling  another;  providing  a  penalty  for  a  violation  of  this  Act; 
defining a certain term; and generally relating to criminal assault. 
 
BY repealing and reenacting, with amendments, 
 Article – Criminal Law 
Section 3–202 
 Annotated Code of Maryland 
 (2012 Replacement Volume and 2019 Supplement) 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 
That the Laws of Maryland read as follows: 
 
Article – Criminal Law 
 
3–202. 
 
 (a) IN   THIS   SECTION, “STRANGLING” MEANS   IMPEDING   THE   NORMAL 
BREATHING OR BLOOD CIRCULATION OF ANOTHER PERSON BY APPLYING PRESSURE 
TO THE OTHER PERSON’S THROAT OR NECK. 
 
 (B) (1) A  person  may  not  intentionally  cause  or  attempt  to  cause  serious 
physical injury to another. 
 
  (2) A person may not commit an assault with a firearm, including: 
 
   (i) a   handgun,   antique   firearm,   rifle,   shotgun,   short–barreled 
shotgun, or short–barreled rifle, as those terms are defined in § 4–201 of this article; 
 
   (ii) an assault pistol, as defined in § 4–301 of this article; 
 
   (iii) a machine gun, as defined in § 4–401 of this article; and 
 
   (iv) a  regulated  firearm,  as  defined  in  §  5–101  of  the  Public  Safety 
Article. 
 
  (3) A PERSON  MAY  NOT  COMMIT  AN  ASSAULT  BY  INTENTIONALLY 
SUFFOCATING OR STRANGLING ANOTHER. 

Ch. 119 2020 LAWS OF MARYLAND  
 
– 2 – 
 
 (b) (C) A person who violates this section is guilty of the felony of assault in 
the first degree and on conviction is subject to imprisonment not exceeding 25 years. 
 
 SECTION  2.  AND  BE  IT  FURTHER  ENACTED,  That  this  Act  shall  take  effect 
October 1, 2020.  
 
Enacted under Article II, § 17(c) of the Maryland Constitution, May 8, 2020.