(a) As used in this section:
"Bodily injury" means substantial physical pain, illness or any impairment of physical condition;
"Strangle" means knowingly and willfully restricting another persons air intake or blood flow by the application of pressure on the neck or throat;
"Suffocate" means knowingly and willfully restricting the normal breathing or circulation of blood by blocking the nose or mouth of another; and
"Asphyxiate" means knowingly and willfully restricting the normal breathing or circulation of blood by the application of pressure on the chest or torso.
(b) Any person who strangles, suffocates or asphyxiates another without that persons consent and thereby causes the other person bodily injury or loss of consciousness is guilty of a felony and, upon conviction thereof, shall be fined not more than $2,500 or imprisoned in a state correctional facility not less than one year or more than five years, or both fined and imprisoned.
Structure West Virginia Code
Chapter 61. Crimes and Their Punishment
Article 2. Crimes Against the Person
§61-2-1. First and Second Degree Murder Defined; Allegations in Indictment for Homicide
§61-2-2. Penalty for Murder of First Degree
§61-2-3. Penalty for Murder of Second Degree
§61-2-4. Voluntary Manslaughter; Penalty
§61-2-5. Involuntary Manslaughter; Penalty
§61-2-5a. Concealment of Deceased Human Body; Penalty
§61-2-6. Homicide Punishable Within State if Injury Occurs Within and Death Without, or Vice Versa
§61-2-7. Attempt to Kill or Injure by Poison; Penalty
§61-2-9. Malicious or Unlawful Assault; Assault; Battery; Penalties
§61-2-9a. Harassment; Penalties; Definitions
§61-2-9b. Penalties for Malicious or Unlawful Assault or Assault of a Child Near a School
§61-2-9c. Wanton Endangerment Involving the Use of Fire; Penalty
§61-2-9d. Strangulation; Suffocation and Asphyxiation; Definitions; Penalties
§61-2-10. Assault During Commission of or Attempt to Commit a Felony; Penalty
§61-2-10a. Violent Crimes Against the Elderly; Sentence Not Subject to Suspension or Probation
§61-2-11. Unlawful Shooting at Another in Street, Alley or Public Resort; Penalty
§61-2-12. Robbery or Attempted Robbery; Penalties
§61-2-13. Extortion or Attempted Extortion by Threats; Penalties
§61-2-14. Abduction of Person; Kidnapping or Concealing Child; Penalties
§61-2-14a. Kidnapping; Penalty
§61-2-14b. Venue of Offenses Under §§61-2-14 and 61-2-14a
§61-2-14c. Penalty for Threats to Kidnap or Demand Ransom
§61-2-14f. Penalties for Abduction of a Child Near a School
§61-2-14g. Unlawful Restraint; Penalties
§61-2-14h. Prohibition of Purchase or Sale of Child; Penalty; Definitions; Exceptions
§61-2-15. Assault, Battery on School Employees; Penalties
§61-2-15a. Assault, Battery on Athletic Officials; Penalties
§61-2-16. Injury to Passenger by Person in Charge of Public Conveyance or Boat; Penalty
§61-2-26. Doors to Be Removed From Abandoned Refrigerators, Freezers and Other Appliances; Penalties
§61-2-27. Required Reporting of Gunshot and Other Wounds
§61-2-27a. Required Reporting of Burns
§61-2-28. Domestic Violence — Criminal Acts
§61-2-29. Abuse or Neglect of Incapacitated Adult; Definitions; Penalties