(a) A person is guilty of strangulation or suffocation in the second degree when such person restrains another person by the neck or throat or obstructs such other person's nose or mouth with the intent to impede the ability of such other person to breathe or restrict blood circulation of such other person and such person impedes the ability of such other person to breathe or restricts blood circulation of such other person.(b) No person shall be found guilty of strangulation or suffocation in the second degree and unlawful restraint or assault upon the same incident, but such person may be charged and prosecuted for all three offenses upon the same information. For the purposes of this section, "unlawful restraint" means a violation of section 53a-95 or 53a-96, and "assault" means a violation of section 53a-59, 53a-59a, 53a-59b, 53a-59c, 53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-61 or 53a-61a.(c) Strangulation or suffocation in the second degree is a class D felony.Conn. Gen. Stat. § 53a-64bb
( P.A. 07-123, S. 9; P.A. 17-31, S. 4.)
Amended by P.A. 17-0031, S. 4 of the Connecticut Acts of the 2017 Regular Session, eff. 10/1/2017. Prohibition on multiple convictions arising out of the same incident in Subsec. (b) does not apply when convictions stem from wholly separate criminal conduct by defendant even if committed against the same victim on the same day. 142 CA 657. Facts presented did not allow for combined convictions of strangulation in the second degree under Subsec. (b), unlawful restraint in the first degree under Sec. 53a-95 and assault in the third degree under Sec. 53a-61(a)(1). 149 CA 334.