West VirginiaLaw sets penalties for strangling and repeat domestic violence
People who strangle, suffocate, or asphyxiate someone without consent and cause harm face felony penalties, with higher prison terms in specified cases and repeat domestic offenses.
What it does
Strangling, suffocating, or asphyxiating someone without consent is a felony when it causes injury or loss of consciousness. The law sets longer prison terms in certain cases.
Repeat domestic assault or battery can bring jail time and fines. Certain third or later offenses are felonies if they happen within 20 years of a prior covered offense.
Argument forPeople harmed by strangling or repeat domestic violence could be safer if serious penalties discourage offenders from hurting them again.
Argument againstLong prison terms may keep people convicted of serious or repeat offenses away from their families for years, including when the law sets a minimum sentence.
More detail
The law defines strangling, suffocating, and asphyxiating, and sets felony penalties when those acts cause injury or loss of consciousness. The rules apply to anyone who strangles, suffocates, or asphyxiates another person without consent. The act must be without the other person's consent and cause bodily injury or loss of consciousness. The penalty is one to five years in prison, with a fine of up to $2,500; the prison term is two to 10 years when the victim is a family or household member or the act happens during certain other crimes. A prior conviction under this section or a law with substantially similar elements carries a prison term of three to 15 years. The law took effect June 12, 2026, 90 days after passage.
The law sets penalties for repeat domestic assault or battery, including felony penalties for certain third or later offenses. The rules cover domestic assault or battery involving a family or household member, including specified prior convictions or pretrial diversion for offenses involving a spouse or partner, a child, or another household member. A repeat battery conviction can bring 60 days to one year in jail and a fine of up to $4,000; a repeat assault conviction can bring 30 days to six months in jail and a fine of up to $1,000. A third or later covered offense is a felony only if it occurs within 20 years of a prior covered conviction; it carries two to 10 years in prison and a fine of up to $5,000. A person charged under this section cannot also be charged under §61-2-9(b) or (c) for the same act. The 20-year period determines whether a third or later covered offense is a felony.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jun 29Chapter 95, Acts, Regular Session, 2026Latest
- Apr 1Approved by Governor Patrick Morrisey 4/1/2026Major
- Mar 25To Governor 3/25/26To Governor
- Mar 14Approved by Governor Patrick Morrisey 4/1/2026 - House JournalMajor
- Vote recorded PASSAGE-SENATE AMENDED HB. Result: pass.Lower
- Vote recorded Senate concurred in House amendments and passed bill. Result: pass.Upper
- Mar 14Approved by Governor Patrick Morrisey 4/1/2026 - Senate JournalBecame Law
- Mar 14To Governor 3/25/2026 - Senate JournalMinor
- Mar 14Completed legislative action
- Mar 14Communicated to House
- Mar 14Senate concurred in House amendments and passed bill (Roll No. 683)
- Mar 14House Message received
- Mar 14Communicated to Senate
- Mar 14House concurred in Senate amendment with amendment and title amendment (Roll No. 645)
- Mar 14House received Senate message
- Mar 13Senate requests House to concur
- Vote recorded Passage. Result: pass.Upper
- Mar 13Title amendment adopted
- Mar 13Com. title amendment withdrawn by unanimous consent
- Mar 13Passed Senate (Roll No. 557)Passed Senate
- Mar 13Amended on 3rd reading (Voice vote)
- Mar 13Unanimous consent to amend on 3rd reading
- Mar 13Read 3rd timeMinor
- Mar 13On 3rd reading
- Mar 12Committee amendment adopted (Voice vote)
- Mar 12Read 2nd timeMinor
- Mar 12On 2nd reading
- Mar 11Read 1st timeMinor
- Mar 11Immediate consideration
- Mar 11Reported do pass, with amendmentMinor
- Feb 18To JudiciaryMinor
- Feb 18To JudiciaryMinor
- Feb 18Introduced in SenateMinor
- Feb 17Communicated to Senate
- Vote recorded PASSAGE. Result: pass.Lower
- Feb 17Title amendment adopted (Voice vote)
- Feb 17Passed House (Roll No. 112)Passed House
- Feb 17Read 3rd timeMinor
- Feb 17On 3rd reading, Special Calendar
- Feb 16Read 2nd timeMinor
- Feb 16On 2nd reading, Special Calendar
- Feb 13Read 1st timeMinor
- Feb 13On 1st reading, Special Calendar
- Feb 12By substitute, do pass
- Feb 6Markup Discussion
- Feb 5To House JudiciaryMinor
- Feb 4Markup Discussion
- Feb 4To House Legal ServicesMinor
- Feb 3To House JudiciaryMinor
- Feb 3Introduced in HouseMinor
- Feb 3To JudiciaryMinor
- Feb 3Filed for introductionIntroduced
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