Battery by Strangulation
Knowingly and intentionally impeding another person's normal breathing or blood circulation against that person's will in a manner creating a risk of, or causing, great bodily harm.
Florida Statute
§ 784.031
Battery by strangulation
Verified against the 2026 Florida Statutes: September 13, 2026
Quick Summary
Battery by strangulation is a third-degree felony. It covers pressure on the throat or neck, or blocking the nose or mouth, when the statutory risk-or-harm requirement is met.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Battery by Strangulation
F.S. § 784.031
Knowingly and intentionally impeding normal breathing or blood circulation against another person's will under the statutory circumstances.
Battery by Strangulation on Religious-Institution Grounds During a Religious Service
F.S. § 775.0861(2)-(3)
A qualifying battery by strangulation committed on religious-institution property while the victim is there to participate in or attend a religious service.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
The State must prove all of the following
The defendant knowingly and intentionally impeded the normal breathing or circulation of the blood of the victim against the victim's will by applying pressure on the victim's throat or neck or by blocking the victim's nose or mouth.
Plain language: The defendant intentionally interfered with the victim's breathing or blood flow without consent using one of the statutory methods.
- Element 2AND — Required
The State must prove all of the following
In doing so, the defendant created a risk of, or caused, great bodily harm to the victim.
Plain language: The conduct created a risk of serious harm or caused it.
Jury Instructions
Jury Instructions
Instruction 8.5(b)
Battery by Strangulation
Florida Standard Jury Instruction for F.S. § 784.031.
View Official InstructionVerified against the official instruction source: September 13, 2026
Important Definitions
Important Definitions
Impeding breathing or circulation
The statute requires knowingly and intentionally impeding normal breathing or blood circulation against the victim's will by a listed method and creating a risk of, or causing, great bodily harm.
Additional Notes
Additional Notes
Quick Reference
Battery by strangulation is a third-degree felony under § 784.031. The statute covers qualifying conduct against any person; the domestic version has an additional relationship element under § 784.041(2).