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SB 791

Enhanced Penalty/Dom. Violence Strangulation.

2025-2026 Session Introduced by Woodson Bradley and 1 co-sponsor

The bill increases penalties for assault by strangulation, classifying offenses as felonies (Class H, or Class F with serious bodily injury) and funds a public awareness campaign.

Passed 1st Reading
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Bill Summary · SB 791

Summary of SB 791 (2025 Session, North Carolina) — Enhanced Penalty for Domestic Violence Strangulation

Purpose and Intent

  • The bill seeks to increase penalties for assault by strangulation in North Carolina. It adds stricter classifications and clarifies the offense when strangulation is involved in an assault, with heightened consequences for those cases.

Key Provisions

Section 1: Revisions to G.S. 14-32.4 (Assault inflicting serious bodily injury; strangulation; penalties)

  • Offense Involving Serious Bodily Injury: If an assault results in serious bodily injury (as defined in the statute), the offender is guilty of a Class F felony (unless another provision provides a greater punishment). Serious bodily injury includes outcomes such as a substantial risk of death, permanent disfigurement, coma, a permanent or protracted condition causing extreme pain, permanent/protracted loss or impairment of a bodily function, or prolonged hospitalization.
  • Offense Involving Physical Injury by Strangulation: If an assault inflicts physical injury by strangulation, the offender is guilty of a Class H G felony (unless a greater punishment applies under another law).
  • Offense Generally by Strangulation: If an assault by strangulation occurs (regardless of whether the victim sustains physical injury as defined above), the offender is guilty of a Class H felony (unless a greater punishment applies under another law).
  • Definitions:
    • Serious Bodily Injury: Reiterates the standard definition noted above.
    • Strangulation: Defined as impeding normal breathing or circulation by applying pressure to the throat/neck or by obstructing the nose and mouth.

Section 2: Public Awareness Campaign Funding

  • Funding Allocation: The bill appropriates $3,000,000 in recurring General Fund dollars to the Department of Justice (starting in the 2026-2027 fiscal year) to establish a public awareness campaign about the increased punishments created by this act.

Section 3: Effective Date

  • Effective Date: The act becomes effective on December 1, 2026.
  • Application: Applies to offenses committed on or after December 1, 2026.

Affected Parties and Impact

  • Individuals: Individuals committing assault by strangulation could face stricter charges (Class H felonies) and, in cases involving serious bodily injury, potential Class F felony penalties.
  • Victims of Domestic Violence/Strangulation: Explicit emphasis on strangulation offenses could impact how domestic violence cases are charged and prosecuted, potentially yielding increased penalties and greater deterrence.
  • Law Enforcement and Prosecutors: Clear statutory distinctions for strangulation-related offenses guide charging decisions and prosecutorial strategy.
  • Public: The public awareness campaign funded by the Department of Justice aims to educate communities about the enhanced penalties and the seriousness of strangulation in assaults.

Procedural and Timeline Details

  • Effective Date: December 1, 2026.
  • Implementation Window: The new penalties apply to offenses committed on or after the effective date.
  • Funding Timeline: Public awareness funding begins in the 2026-2027 fiscal year and is recurring thereafter.

Notes

  • The bill aligns strangulation-related offenses with established felony classifications, providing consistent penalties for strangulation-based assaults and those resulting in serious bodily injury.
  • It includes a dedicated public education component to inform the public about the enhanced penalties.

If you’d like, I can compare SB 791 to current North Carolina statutes on assault and strangulation or provide a side-by-side summary of how penalties differ under the bill versus existing law.

Compiled from official sources — confirm details with the bill’s official record.

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