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H 3522

Strangulation

2025-2026 Regular Session Introduced by Micah Caskey and 6 co-sponsors

Defines strangulation as restricting breathing or circulation, making it a criminal offense with defined penalties, regardless of visible injuries.

Member(s) request name added as sponsor: Schuessler
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Bill Summary · H 3522

Bill Summary — H 3522 (titled "Strangulation")

Note: The file provided contains two distinct and unrelated draft texts. The principal criminal-law text summarized below creates the offense of strangulation and appears to be an amendment to a state criminal code (Section 16‑3‑605). Separately, the packet also contains an unrelated Massachusetts House draft (House No. 3522) establishing a clean fuel standard. This summary focuses on the strangulation bill text (the criminal offense), with a short note about the unrelated clean-fuel material at the end.

Purpose

To define “strangulation” in statute and create criminal offenses for strangulation and aggravated strangulation, specify penalties, require law enforcement to inform victims of potential internal injuries, and clarify that visible injury is not required for prosecution.

Key provisions

  • Definition (Section 16‑3‑605(A))

    • “Strangulation” means restricting airflow or blood circulation by external pressure to the throat/neck, blocking the nose or mouth, or applying weight to the torso/abdomen/shoulders so as to restrict breathing — regardless of whether visible injury occurs or whether there was intent to kill or seriously injure.

  • Offense of Strangulation (Section 16‑3‑605(B)–(C))

    • A person commits strangulation if they knowingly or intentionally impede or create a substantial risk of impeding normal breathing or circulation by the described means.
    • Penalty: upon conviction, imprisonment of not less than 3 years and not more than 10 years (unless aggravated).

  • Aggravated Strangulation (Section 16‑3‑605(D))

    • Elevated offense if, at the time of the act, the defendant:
    • was subject to a valid protection/restraining order; or
    • wielded a deadly weapon or used ligatures (e.g., rope) that may cause asphyxia without suspending the body; or
    • has a prior conviction for a strangulation offense under this section.
    • Penalty: upon conviction, imprisonment of not less than 10 years and not more than 20 years.

  • Victim information and medical attention (Section 16‑3‑605(E))

    • Law enforcement must inform victims that strangulation can cause serious internal injuries and encourage medical evaluation.

  • Evidentiary rule / no visible injury required (Section 16‑3‑605(F))

    • Physical injury need not be present; lack of visible injury is not a defense.

  • Affirmative defenses (Section 16‑3‑605(G))

    • Lawful medical procedures or otherwise lawful actions (including by law enforcement) and victim consent are stated as affirmative defenses.

  • Effective date

    • The act takes effect upon approval by the Governor.

Who would be affected

  • Individuals who commit acts that meet the statutory definition of strangulation or aggravated strangulation (criminal exposure and potential incarceration).
  • Victims of domestic and other assaults — the statute allows prosecution when injuries aren’t externally visible and requires victim advisement re: medical risk.
  • Law enforcement (new duties to inform victims).
  • Courts, prosecutors, defenders — will apply new definitions, elements, burdens for affirmative defenses, and sentencing ranges.

Procedural/Timeline notes (from supplied actions)

  • Prefiled: 12/05/2024
  • Introduced/read first time: 01/14/2025
  • Sponsor name added: 01/15/2025 (Schuessler listed)
  • Referred to Committee on Judiciary (multiple entries)
  • Hearing noted on 05/14/2025
  • Reporting date extended to 12/03/2025
  • Includes an entry labeled “Senate concurred” (02/27/2025), though sequence/details may reflect mixed or inconsistent records in the provided document.

Document inconsistency / related material

The packet also contains an unrelated Massachusetts House draft (House No. 3522, Rep. David Linsky) proposing a clean fuel standard (Chapter 25A insertion, Section 11F 2/3). That text addresses lifecycle carbon-intensity limits, a credit/trading mechanism, and provisions for disadvantaged communities — a distinctly different subject from the strangulation statute. The presence of both texts appears to be a compilation error; readers should treat them as separate bills.

If you want, I can prepare:
- a focused, standalone brief solely on the strangulation bill for a specific audience (e.g., law enforcement, victims’ advocates, defense bar), or
- a separate concise summary of the clean fuel draft included in the packet.

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

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