A specific statute banning strangulation would make prosecution of domestic violence cases more uniform, say supporters of such a ban.

But opponents say a specific strangulation statute would be out of tune with general laws already included in the North Dakota Century Code.

SB2185, which was introduced by Sen. Ralph Kilzer, R-Bismarck, at the request of the Abused Adult Resource Center, would create a new section of law prohibiting strangulation. Currently, prosecutors charge other offenses, such as simple assault, aggravated assault and attempted murder, in cases involving strangulation.

The bill would make strangulation a Class Cfelony, punishable by up to five years in prison and fines of up to $5,000. In cases where something other than a person's hands are used to strangle someone, the offense would be a Class Bfelony, punishable by up to 10 years in prison and fines of up to $10,000.

Randi Roerick, of the North Dakota Council on Abused Women's Services, told the North Dakota Senate Judiciary Committee Monday morning that most reports of strangulation are charged as simple assault, which is a Class B misdemeanor. The maximum punishment for a Class B misdemeanor is 30 days in jail and fines of up to $1,000.

But two North Dakota prosecutors told the committee that the North Dakota Century Code contains general laws rather than specific laws, and the proposed strangulation ban would be better implemented as part of an existing law.

Strangulation is defined in SB2185 as willfully impeding the normal breathing or circulation of the blood of another individual by applying pressure on the throat or neck, or blocking the nose or mouth of the other individual.

Roerick, along with other domestic violence victim advocates and domestic violence victims, said strangulation should be a felony offense in every case.

"The act of strangulation is a serious indicator that eventually victims may die at the hands of their perpetrators," she said.

Two victims of strangulation told committee members tearfully about how they were assaulted.

Christal Sammons, of Bismarck, said Dale Ezell had strangled her at least three times on May 18, and she lost consciousness on more than one occasion because of it.

"I tried pleading with him as I gasped for air,"she said. "It did no good."

Ezell was charged the next week with attempted murder, criminal mischief, violation of a disorderly conduct restraining order and interference with an emergency call. He later pleaded guilty, and South Central District Judge Robert Wefald sentenced him to 18 years in prison with five years of supervised probation.

"I know that he's in jail, but it doesn't stop the nightmares or flashbacks," Sammons said.

Another victim said her ex-husband was charged with simple assault after she was strangled to unconsciousness. He was sentenced to five days in jail with credit for five days served, she said.

Shelly Carlson, of the North Dakota Council on Abused Women's Services, said the strangulation statute would give law enforcement officials and prosecutors more information and more guidelines with which to charge someone with a felony. It's difficult to explain to a victim who almost died why the offense was only charged as a misdemeanor, she said.

McLean County State's Attorney Ladd Erickson and Burleigh County Assistant State's Attorney Cynthia Feland proposed amending the existing aggravated assault statute rather than making strangulation a separate law.

Feland said that the Century Code, North Dakota's criminal law code, contains mostly general laws. She said statutory rape, forced rape and other sexual assaults may be charged as various degrees of gross sexual imposition in North Dakota, though other states may charge a person with a specific offense.

Strangulation's connections to assault and attempted murder work the same way, she said.

Spelling out such a specific law as proposed in the bill may keep prosecutors from charging attempted murder in a strangulation case, Erickson said. Attempted murder is a Class A felony, punishable by up to 20 years in prison and fines of up to $10,000.

"We're creating a specific crime here that is less an offense than attempted murder," Erickson said. "We would rather charge attempted murder when we can prove it."

The definition of strangulation as written in SB2185 could be added to the definition of bodily injury in the existing aggravated assault statute, Feland and Erickson proposed. Aggravated assault is a Class C felony.

Such an amendment to current law would be more "harmonious with current criminal code," said Feland, who prosecuted the Ezell case.

She said attempted murder is a more appropriate charge for some strangulation cases and could still be applied under the state's attorneys' proposal.

Sen. Dave Nething, R-Jamestown, who is chairman of the judiciary committee, asked that Sen. Carolyn Nelson, D-Fargo, head up a subcommittee to resolve the issue.