Victorian Current Acts

CRIMES ACT 1958 - SECT 34AD

    (1)     A person (A) commits an offence if—

        (a)     A intentionally and without lawful excuse chokes, strangles or suffocates another person (B); and

        (b)     A intends the choking, strangling or suffocation to cause an injury to B; and

        (c)     the choking, strangling or suffocation causes an injury to B; and

        (d)     A is a family member of B.

Penalty:     Level 5 imprisonment (10 years maximum).

Note

A mistaken but honest and reasonable belief that A was not a family member of B is not a defence to this offence—see section 34AK.

    (2)     For the purposes of subsection (1), it is not a lawful excuse that B consented to the conduct constituting the offence.

    (3)     A does not commit an offence against subsection (1) if the conduct constituting the offence occurs in the course of a procedure carried out in good faith for medical or body modification purposes.

Examples

1     A tattoos B's neck at the request of B.

2     A gives B a neck piercing at the request of B.

S. 34AE inserted by No. 37/2023 s. 3.