Domestic Battery by Strangulation
Knowingly and intentionally impeding the normal breathing or blood circulation of a family or household member or dating partner against that person's will under the statutory strangulation circumstances.
Florida Statute
§ 784.041
Felony battery; domestic battery by strangulation
Verified against the 2026 Florida Statutes: September 13, 2026
Quick Summary
Domestic battery by strangulation is a third-degree felony. It requires the qualifying relationship plus intentional impediment of normal breathing or blood circulation that creates a risk of, or causes, great bodily harm.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Domestic Battery by Strangulation
F.S. § 784.041(2)
Knowingly and intentionally impeding normal breathing or blood circulation of a qualifying family, household, or dating-relationship victim under the statutory circumstances.
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
The conduct created a risk of, or caused, great bodily harm to the victim.
Plain language: The conduct created a risk of serious harm or caused serious harm.
- Element 3AND — Required
The State must prove all of the following
The defendant and victim were family or household members or were in a dating relationship, as those terms are defined by the statute.
Plain language: The people involved had the qualifying family, household, or dating relationship.
Qualifying Domestic Relationship
Qualifying Domestic Relationship
Family or household member
Under F.S. § 741.28(3), the relationship qualifies when the people are:
- Spouses or former spouses;
- Related by blood or marriage;
- Currently living together as a family;
- People who previously lived together as a family; or
- Parents of a child in common, whether or not they were married.
Shared-dwelling requirement
Except for parents of a child in common, the parties must currently live together, or must have lived together in the past, in the same single dwelling unit. A dating relationship by itself is not a family-or-household relationship under F.S. § 741.28.
Dating relationship — separate statutory track
This offense also expressly covers a dating relationship. F.S. § 784.046(1)(d) requires a continuing and significant romantic or intimate relationship that existed within the past 6 months, involved an expectation of affection or sexual involvement, and involved continuous interaction over time. Casual acquaintances and ordinary business or social fraternization do not qualify.
Domestic-violence designation
F.S. § 741.28(2) requires both a qualifying family-or-household relationship and a listed offense—or another criminal offense resulting in physical injury or death—committed by one qualifying member against the other.
Jury Instructions
Jury Instructions
Instruction 8.5(a)
Domestic Battery by Strangulation
Florida Standard Jury Instruction for F.S. § 784.041(2)(a).
View Official InstructionVerified against the official instruction source: September 13, 2026
Important Definitions
Important Definitions
Family or household member
The term has the meaning assigned in F.S. § 741.28 and is an element of domestic battery by strangulation unless the dating-relationship alternative applies.
Dating relationship
A continuing and significant relationship of a romantic or intimate nature. The statutory factors should be checked for the facts at issue.
Additional Notes
Additional Notes
Quick Reference
Domestic battery by strangulation is a third-degree felony under § 784.041(2). Confirm the qualifying relationship, the method of impediment, and the risk-of-or-actual-great-bodily-harm requirement.