The following statute, N.J.S.A. 2C:12-1b(13), was amended by L. 2017 C. 240 for the purpose of providing that strangulation of a victim resulting in bodily injury during the commission of an act of domestic violence constitutes aggravated assault. The revised statute reads:
2C:12-1. b. Aggravated assault. A person is guilty of aggravated assault if he:
. . . (13) Knowingly or, under circumstances manifesting extreme indifference to the value of human life, recklessly obstructs the breathing or blood circulation of a person who, with respect to the actor, meets the definition of a victim of domestic violence, as defined in subsection d. of section 3 of P.L.1991, c.261 (2C:25-19), by applying pressure on the throat or neck or blocking the nose or mouth of such person, thereby causing or attempting to cause bodily injury.
The statute was amended to remove the words “Causes bodily injury to another by strangling the person in the course of committing an act” before the first sentence in paragraph (13). The words “against the person” were also removed immediately after (2C:25-19).
Aggravated assault under paragraphs (1) and (6) of subsection b. of this section is a crime of the second degree; under paragraphs (2), (7), (9) and (10) of subsection b. of this section is a crime of the third degree; under paragraphs (3) and (4) of subsection b. of this section is a crime of the fourth degree; and under paragraph (5) of subsection b. of this section is a crime of the third degree if the victim suffers bodily injury, otherwise it is a crime of the fourth degree. Aggravated assault under paragraph (8) of subsection b. of this section is a crime of the third degree if the victim suffers bodily injury; if the victim suffers significant bodily injury or serious bodily injury it is a crime of the second degree. Aggravated assault under paragraph (11) of subsection b. of this section is a crime of the third degree. Aggravated assault under paragraph (12) or (13) of subsection b. of this section is a crime of the third degree but the presumption of non-imprisonment set forth in subsection e. of N.J.S.A. 2C:44-1 for a first offense of a crime of the third degree shall not apply.
Slight changes were made to the verbiage of the previous paragraph. The number (13) was added in light of the new sub-section and the sentence structure was corrected accordingly.
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