Indiana criminal charge
Strangulation in Indiana
Strangulation is a criminal offense under Indiana law, defined by Ind. Code § 35-42-2-9. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 35-42-2-9.
What is the penalty for strangulation in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 6 months to 30 months (Strangulation (base offense) — A person in a rude, angry, or insolent manner knowingly or intentionally applies pressure to the throat/neck, obstructs the nose/mouth, or applies pressure to the torso of another person in a manner that impedes normal breathing or blood circulation.; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Strangulation (base offense) — A person in a rude, angry, or insolent manner knowingly or intentionally applies pressure to the throat/neck, obstructs the nose/mouth, or applies pressure to the torso of another person in a manner that impedes normal breathing or blood circulation.) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 1 years to 6 years (Strangulation against pregnant victim or with prior conviction — The offense under subsection (c) is committed against a pregnant woman the person knew was pregnant, or the person has a prior unrelated conviction under this section.; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Strangulation against pregnant victim or with prior conviction — The offense under subsection (c) is committed against a pregnant woman the person knew was pregnant, or the person has a prior unrelated conviction under this section.) | discretionary | Ind. Code § 35-50-2-6 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is strangulation classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Strangulation (base offense) | Level 6 Felony | A person in a rude, angry, or insolent manner knowingly or intentionally applies pressure to the throat/neck, obstructs the nose/mouth, or applies pressure to the torso of another person in a manner that impedes normal breathing or blood circulation. | Ind. Code § 35-42-2-9(c) |
| Strangulation against pregnant victim or with prior conviction | Level 5 Felony | The offense under subsection (c) is committed against a pregnant woman the person knew was pregnant, or the person has a prior unrelated conviction under this section. | Ind. Code § 35-42-2-9(d) |
Common questions about strangulation in Indiana
Is strangulation a felony or a misdemeanor in Indiana?
It depends on the circumstances: strangulation ranges from a Level 6 Felony to a Level 5 Felony in Indiana under Ind. Code § 35-42-2-9.
Strangulation (base offense): Level 6 Felony (Ind. Code § 35-42-2-9(c)) · Strangulation against pregnant victim or with prior conviction: Level 5 Felony (Ind. Code § 35-42-2-9(d))
What are the penalties for strangulation in Indiana?
Which Indiana statute covers strangulation?
Strangulation is governed by Ind. Code § 35-42-2-9 (Strangulation).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.