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Panel approves law making battery by strangulation a standalone felony outside domestic contexts

January 20, 2026 | 2026 Legislature FL, Florida


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Panel approves law making battery by strangulation a standalone felony outside domestic contexts
Chair Martin presented a delete‑all amendment to SB 890 to create a standalone battery‑by‑strangulation offense that applies outside domestic or dating relationships, removes the requirement that the act create a risk of great bodily harm, and ranks the offense in the criminal punishment code (level 6; level 7 if a domestic component exists under related legislation). The sponsor said prosecutors previously could not charge strangulation in many non‑domestic settings and argued the revision ensures consistent punishment for the same act regardless of relationship context.

Senators questioned whether commonplace altercations—bar fights or brief choke holds—would fall within the new offense. The sponsor replied the statutory language retains the conduct standard describing pressure on the throat or blocking the nose or mouth so as to cut off air or oxygen delivery to the brain. "If you do the strangulation, cut off the airway...that's pretty traumatic regardless of whether it's a loved one or a stranger," the sponsor said.

After limited debate and public appearance forms from advocacy groups, the committee adopted the amendment and reported CS for SB 890 favorably.

Next steps include floor consideration and potential discussion about prosecutorial discretion, mens rea and enforcement thresholds in non‑domestic contexts.

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