Victorian Current Acts

CRIMES ACT 1958 - SECT 34AE

    (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 is a family member of B.

Penalty:     Level 6 imprisonment (5 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), if the conduct constituting the offence is a sexual activity, that B consented to that conduct is not a lawful excuse except to the extent provided for by section 34AF.

    (3)     Nothing in subsection (2) or section 34AF prevents B's consent to the conduct constituting the offence from being a lawful excuse for the purposes of subsection (1) if that conduct is not a sexual activity.

    (4)     Nothing in sections 34AG to 34AJ applies in relation to consent being a lawful excuse where the conduct constituting the offence is not a sexual activity.

S. 34AF inserted by No. 37/2023 s. 3.