WeVote
Log In

Bill

Bill

HB 109

Strangulation/Increase Punishment.

2025-2026 Session Introduced by Mary Belk and 16 co-sponsors

The bill increases penalties for assaults involving strangulation by reclassifying related offenses to higher felony levels, effective June 1, 2025.

Passed 1st Reading
#assault;courts;crimes;criminalprocedure;public
0
WeVote Research Nonpartisan
Bill Summary · HB 109

Summary — HB 109 (Strangulation / Increase Punishment) — North Carolina, 2025

Status: Passed 1st Reading (bill text and history provided)
Primary sponsors: Representatives Timmy Logan, Crystal White, Tricia C. Morey, and Theodore (T.) Brown (and others)
Filed: January–February 2025; Effective date in text: June 1, 2025 (applies to offenses committed on or after that date)

Purpose / Intent

The bill raises the criminal punishment exposure for assaults involving strangulation by amending G.S. 14‑32.4. Its stated aim is to increase penalties for conduct that impedes breathing or circulation (strangulation), reflecting the seriousness and particular lethality risk of such conduct.

Key provisions

  • Amends G.S. 14‑32.4 (assault inflicting serious bodily injury; strangulation; penalties) to change felony classifications:
    • Subsection (a) (assault that inflicts serious bodily injury) is recast so that such conduct is a Class E felony (previously Class F under existing text shown in the bill).
    • Subsection (b) (assault that inflicts physical injury by strangulation) is recast as a Class G felony (previously Class H under existing text shown in the bill).
    • Subsection (c) (assault by strangulation generally) remains a Class H felony in the bill’s language for assaults by strangulation without the aggravated physical‑injury element.
  • Definitions provided/retained:
    • “Serious bodily injury” — bodily injury creating a substantial risk of death, causing serious permanent disfigurement, coma, prolonged hospitalization, or permanent/protracted loss or impairment of bodily function.
    • “Strangulation” — impeding normal breathing or circulation of blood by applying pressure to the throat/neck or obstructing the nose and mouth.
  • Effective date: June 1, 2025; applies to offenses committed on or after that date.

Who is affected

  • Defendants charged with assault by strangulation (and prosecutors who charge those offenses) in North Carolina — increased statutory exposure to more severe felony classifications.
  • Courts and sentencing authorities — must apply the revised felony classes when sentencing offenses occurring on/after the effective date.
  • Victims and public safety stakeholders — potential for longer sentences for perpetrators and impacts on deterrence and victim protection practices.
  • Criminal justice system resources (probation, prisons) — potential but likely modest increases in caseloads or incarceration length depending on prosecution patterns and convictions.

Potential impacts and considerations

  • Raising the felony class increases the statutory maximum punishment exposure under North Carolina sentencing law (longer potential prison terms and greater sentencing severity). Exact sentence length depends on the state’s structured sentencing ranges tied to felony classes and the offender’s prior record level.
  • Possible increases in prison commitment rates or sentence lengths if prosecutors pursue the upgraded charges and convictions occur at the higher class — overall fiscal impact likely dependent on volume of cases and prosecutorial charging decisions.
  • May affect plea negotiations, case dispositions, and prosecutorial charging practices (some cases currently charged as lower class may be upgraded).
  • Policy trade‑offs include deterrence and victim protection versus effects on correctional populations and prosecutorial burden.
  • Implementation implications: training for law enforcement, prosecutors, defenders, and judges to apply the revised statutory framework and to document strangulation evidence.

Legislative/procedural notes

  • The bill text amends G.S. 14‑32.4 and explicitly defines the covered conduct and terminology.
  • Applies prospectively to offenses committed on or after June 1, 2025.
  • Track any additional committee reports or fiscal notes for projected corrections or budget impacts as the measure proceeds.

If you want, I can:
- Provide the current NC sentencing ranges by felony class (to illustrate how much the penalty exposure changes), or
- Draft a short one‑page memo on likely correctional and fiscal impacts based on recent statewide strangulation charge data.

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

Sign in to ask a question.