Is Strangulation a Criminal Offense in South Carolina?

A 2025 bill pre-filed in the SC legislature would create new criminal offenses for strangulation.

Although numerous criminal offenses already exist that make strangulation a crime, and SC domestic violence laws already specifically target strangulation as an aggravating factor, some SC lawmakers think that one more criminal law will make a difference to domestic abusers.

Below, I’ll look at the proposed new crimes as well as the laws that are already on the books that make strangulation a crime in South Carolina or enhance a defendant’s sentence for strangulation.

Bill in the SC Legislature Would Create New Strangulation Offenses

The proposed law would be found in SC Code § 16-3-605. It defines strangulation as the restriction of “air flow or blood circulation of a person by external pressure to the throat or neck, or the blocking of the nose or mouth of a person, or applying weight to the torso, abdomen, or shoulders so as to restrict breathing of another person regardless of whether that conduct results in a visible injury or whether there is intent to kill or protractedly injure another person.”

A person is guilty of strangulation if they knowingly and intentionally impede or create “a substantial risk of impeding normal breathing or restricting air flow or circulation of blood by applying pressure to the throat or neck of another person by blocking the nose or mouth of another person, or applying weight to the torso, abdomen, or shoulders so as to restrict breathing of another person regardless of whether that conduct results in a visible injury or whether there is intent to kill or protractedly injure another person.”

The penalties for strangulation in SC would depend on the circumstances of the offense – three to ten years in most cases, or ten to twenty years if there are aggravating factors including when the person:

  • Was subject to an Order of Protection or restraining order,
  • Used a deadly weapon including a rope or ligature, or
  • Had a prior conviction for strangulation.

Don’t We Already Have a Criminal Offense for Strangulation in SC?

There is currently no criminal offense in SC that is explicitly named “strangulation.”

That doesn’t mean that we go around strangling each other in SC with impunity – there are several crimes or enhanced sentences that already address strangulation, including:

Assault and battery – strangulation is currently prosecutable as assault and battery of a high and aggravated nature when the alleged victim is not a household member, whether or not there is an injury, if “the act is accomplished by means likely to produce death or great bodily injury.” SC Code § 16-3-600. Similarly, strangulation fits the definition of assault in the lesser included offenses of assault and battery 1st, 2nd, and 3rd degree.

Assault and battery by a mob (Lynching) – strangulation is currently prosecutable as assault and battery by a mob if two or more persons assault someone and it results in death (no less than 30 years if convicted), serious bodily injury (three years up to 25 years if convicted), or bodily injury (up to one year if convicted). SC Code § 16-3-210.

Homicide/ murder – depending on the circumstances of the attack, the intent, and the result, strangulation in South Carolina can also be charged as homicide/murder (carries 30 years to life or the death penalty for capital murder), attempted murder (up to 30 years), voluntary manslaughter (two years up to 30 years), or involuntary manslaughter (up to five years in prison).

Domestic violence – “impeding the victim’s breathing or air flow” is already an aggravating circumstance in SC domestic violence cases that can result in a person being charged with domestic violence 2nd degree, 1st degree, or domestic violence high and aggravated (up to 20 years in prison).

How is Strangulation Targeted in SC’s Domestic Violence Laws?

Strangulation is already an aggravating factor in SC’s domestic violence laws that increases the “degree” of domestic violence charged.

For example:

  • A domestic violence 2nd-degree charge (that carries up to three years) becomes a domestic violence 1st-degree charge (that carries up to ten years) if “the offense is committed by impeding the victim’s breathing or air flow,”
  • A domestic violence 3rd-degree charge (that carries up to 90 days) becomes a domestic violence 2nd-degree charge if “the offense is committed by impeding the victim’s breathing or air flow,” and
  • A person is charged with domestic violence of a high and aggravated nature (that carries up to 20 years) if they commit a domestic violence offense while “knowingly and intentionally impeding the normal breathing or circulation of the blood of a household member by applying pressure to the throat or neck or by obstructing the nose or mouth of a household member and thereby causing stupor or loss of consciousness for any period of time.”

So, if you see a media article that says South Carolina doesn’t criminalize strangulation, that’s incorrect. South Carolina doesn’t have a criminal statute that is titled “strangulation.” Still, the act of strangulation is criminalized and specifically targeted in our assault and battery, murder, attempted murder, manslaughter, and domestic violence laws.

Domestic Violence Defense Lawyers in Charleston, SC

Grant B. Smaldone is a criminal defense lawyer based in Charleston, SC whose law practice is focused on state and federal criminal cases in SC including domestic violence allegations in SC state court.

If you’ve been charged with a crime in the Charleston or Myrtle Beach areas, call now at (843) 808-2100 or contact us through our website for a free consultation.


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