| 1 | A bill to be entitled |
| 2 | An act relating to strangulation; amending s. 784.041, |
| 3 | F.S.; providing that knowingly or intentionally impeding |
| 4 | the normal breathing or circulation of the blood of |
| 5 | another person in specified ways constitutes felony |
| 6 | battery; providing an affirmative defense; providing |
| 7 | penalties; providing an effective date. |
| 8 |
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| 9 | Be It Enacted by the Legislature of the State of Florida: |
| 10 |
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| 11 | Section 1. Section 784.041, Florida Statutes, is amended |
| 12 | to read: |
| 13 | 784.041 Felony battery.-- |
| 14 | (1) A person commits felony battery if he or she: |
| 15 | (a) Actually and intentionally touches or strikes another |
| 16 | person against the will of the other; and |
| 17 | (b)1. Causes great bodily harm, permanent disability, or |
| 18 | permanent disfigurement; or |
| 19 | 2. Commits the act of strangulation by knowingly or |
| 20 | intentionally impeding the normal breathing or circulation of |
| 21 | the blood of the other person by applying pressure on the throat |
| 22 | or neck or by blocking the nose or mouth of the other person. It |
| 23 | is an affirmative defense to a charge under this subparagraph |
| 24 | that an act constituting strangulation was the result of a |
| 25 | legitimate medical procedure. |
| 26 | (2) A person who commits felony battery commits a felony |
| 27 | of the third degree, punishable as provided in s. 775.082, s. |
| 28 | 775.083, or s. 775.084. |
| 29 | Section 2. This act shall take effect October 1, 2006. |