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A bill to make strangulation a standalone offense in South Carolina has been pre-filed ahead of the upcoming 2025-2026 session of the S.C. General Assembly. Sponsored by state representatives Micah Caskey, Tommy Pope and Doug Gilliam, the legislation aims to define strangulation – and aggravated strangulation – while providing penalties for both offenses.
According to the bill (H.3522), strangulation is defined as “the restricting of air flow or blood circulation of a person by external pressure to the throat or neck, or the blocking of the nose or mouth of a person, or applying weight to the torso, abdomen, or shoulders so as to restrict breathing of another person regardless of whether that conduct results in a visible injury or whether there is intent to kill or protractedly injure another person.”
Anyone found guilty of strangulation would face a mandatory minimum prison sentence of three years – with the possibility of up to ten years behind bars, per the bill. Anyone found guilty of aggravated strangulation – i.e. violating a protective order or using a weapon during the act of strangling another person – would face a mandatory minimum prison sentence of ten years with the possibility of up to twenty years behind bars.
Those same enhanced penalties would apply to repeat offenders, per the bill.
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According to the Training Institute on Strangulation Prevention, a woman who has suffered a “nonfatal strangulation incident with her intimate partner is 750% more likely to be killed by the same perpetrator… with a gun.”
Not only is strangulation a leading indicator for future domestic violence homicides, it is a warning indicator for other crimes. According to the institute, police officers are at increased risk when dealing with persons who previously used strangulation as a form of assault. In reviewing officer-involved shootings across the country, Casey Gwinn of the Family Justice Center noted 80% of suspects had prior domestic violence history – and 30% percent had a prior history of “nonfatal strangulation against an intimate partner.”
According to the Federal Bureau of Investigation (FBI), 8.5% of the officers killed between 2011 and 2020 were responding to domestic disturbance or violence calls.
Indeed, one study found 68.2% of mass shootings originated in domestic violence and 80% of mass shooters have known strangulation on their record.
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“Nationally what research has pointed to is that there are a number of mass shooters who when their history was checked had patterns of strangling their intimate partners before committing mass shootings,” said Brian Bennett, a retired law enforcement instructor and domestic violence expert who has been pushing for the Palmetto State to adopt a standalone strangulation law for over a decade.
As he was educating legal and medical professionals on recognizing and handling non-fatal strangulation cases, Bennett said he was startled to learn that “outside of law enforcement there’s no profession in South Carolina that has a standardized strangulation training curriculum.”
Knowing the work doesn’t stop with the pre-filing, Bennett is encouraging anyone who supports the legislation to reach out to their representatives and ask them to support the bill.
“We are hopeful a companion bill will be introduced in the Senate,” he said.
Bennett has created a group on Facebook for anyone interested in learning more about the proposed legislation and ways they can support it.
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BENNETT’S REPORT…
(Provided)
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ABOUT THE AUTHOR …
Jenn Wood is FITSNews’ incomparable research director. She’s also the producer of the FITSFiles and Cheer Incorporated podcasts and leading expert on all things Murdaugh/ South Carolina justice. A former private investigator with a criminal justice degree, evildoers beware, Jenn Wood is far from your average journalist! A deep dive researcher with a passion for truth and a heart for victims, this mom of two is pretty much a superhero in FITSNews country. Did we mention she’s married to a rocket scientist? (Lucky guy!) Got a story idea or a tip for Jenn? Email her at jenn@fitsnews.com.
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1 comment
More laws, less justice.