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Act index » Part I - Offences » Division 1 - Offences against the person » Subdivision (4A) - Non-fatal strangulation
34AE Non-fatal strangulation
(1)A person (A) commits an offence if— Penalty: Level 6 imprisonment (5 years maximum).
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.