TITLE 18

CRIMES AND PUNISHMENTS

CHAPTER 9

ASSAULT AND BATTERY

18-923.  Attempted strangulation. (1) Any person who willfully and unlawfully chokes or attempts to strangle a household member, or a person with whom he or she has or had a dating relationship, is guilty of a felony punishable by incarceration for up to fifteen (15) years in the state prison.

(2)  No injuries are required to prove attempted strangulation.

(3)  The prosecution is not required to show that the defendant intended to kill or injure the victim. The only intent required is the intent to choke or attempt to strangle.

(4)  "Household member" assumes the same definition as set forth in section 18-918(1)(a), Idaho Code.

(5)  "Dating relationship" assumes the same definition as set forth in section 39-6303(2), Idaho Code.

(6)  Any person who pleads guilty to or is found guilty of a violation of this section shall undergo an evaluation, counseling and other treatment as provided in section 18-918(7), Idaho Code.

History:

[18-923, added 2005, ch. 303, sec. 1, p. 950; am. 2018, ch. 123, sec. 2, p. 262.]