Strangulation Under PA Crimes Code: Grading and Firearm Ban

A strangulation charge in Pennsylvania can be a felony or a misdemeanor, and which one depends on who the victim was and what else was going on at the time. Under 18 Pa.C.S. § 2718, the default grade is a second-degree misdemeanor. It rises to a second-degree felony when the victim is a family or household member, a care-dependent person, or when the act is tied to stalking, sexual violence, or human trafficking. It becomes a first-degree felony when the defendant was under an active protective order, used an instrument of crime, or has a prior felony strangulation conviction.¹

What Counts as Strangulation Under Section 2718

The statute defines the offense narrowly. A person commits strangulation by knowingly or intentionally impeding another person’s breathing or blood circulation in one of two ways: applying pressure to the throat or neck, or blocking the nose and mouth.¹ The state must show the defendant meant to do it. An accidental contact during a fall or scuffle doesn’t fit.

How long the restriction lasted and whether the victim lost consciousness are not part of the definition. The focus is the act, not the outcome.

When Strangulation Is a Misdemeanor

If none of the aggravating circumstances in the statute apply, strangulation is a second-degree misdemeanor.¹ That grade carries up to two years in prison² and a fine of up to $5,000.³ Courts commonly add probation and mandatory counseling on top of, or in place of, jail time.

Even at the misdemeanor level, the conviction is permanent. It shows up on background checks for employment, housing, and professional licensing.

When It Becomes a Second-Degree Felony

Section 2718(d)(2) bumps the charge to a second-degree felony when any of these apply:¹

The victim is a family or household member as defined by the Protection From Abuse Act. That definition reaches spouses and former spouses, co-parents, current or former intimate partners, and people related by blood or marriage.⁴
The defendant was a caretaker and the victim was a care-dependent person in that caretaker’s care.
The strangulation happened in connection with stalking under § 2709.1, sexual violence, or human trafficking.

A second-degree felony carries up to ten years in prison⁵ and fines up to $25,000.³ The family-or-household-member trigger is where most domestic strangulation cases land, because that category covers the majority of scenarios prosecutors actually see.

When It Becomes a First-Degree Felony

The top grade applies under three sets of circumstances:¹

The defendant was subject to an active protection from abuse order, or a sexual violence and intimidation protection order, covering the victim at the time.
The defendant used an instrument of crime. That covers anything specially made for criminal use, or any object used for criminal purposes when a lawful use isn’t apparent. A cord, belt, or plastic bag used to restrict breathing qualifies.⁶
The defendant has a prior conviction for felony strangulation under paragraph (d)(2), or a substantially similar out-of-state offense.

A first-degree felony conviction carries up to twenty years in prison⁵ and fines up to $25,000.³

Why the Absence of Injury Doesn’t Lower the Grade

It’s worth being clear on a point that trips up defendants and victims alike: the lack of visible injury does not knock the charge down or defeat it. Section 2718(b) says physical injury is not an element of the offense, and the absence of injury is not a defense.¹ Strangulation frequently leaves no external marks, and the legislature wrote that reality into the statute. A case can be charged at the felony level with no bruising at all, as long as the conduct and the aggravating factor are present.

This is what sets § 2718 apart from simple assault and aggravated assault under §§ 2701 and 2702, which require causing or attempting to cause bodily injury or serious bodily injury.⁷ Strangulation and assault charges can be filed together when the facts support both.

The Firearms Ban That Follows a Conviction

Grade matters beyond the state sentence. Any felony conviction triggers a federal firearms ban under 18 U.S.C. § 922(g)(1), which bars convicted felons from possessing, shipping, or receiving firearms or ammunition. A misdemeanor strangulation conviction involving a domestic victim can trigger the parallel prohibition under § 922(g)(9) for misdemeanor crimes of domestic violence.⁸ The ban attaches when the conviction becomes final, has no built-in expiration, and Pennsylvania courts cannot waive or modify it. For anyone who hunts or works in law enforcement or the military, that consequence can be career-ending.

How Long Prosecutors Have to File

Strangulation is subject to Pennsylvania’s general two-year statute of limitations for most offenses.⁹ Section 2718 is not on the list of offenses that get a longer window under 42 Pa.C.S. § 5552(b), so the two-year clock applies whether the case would be charged as a misdemeanor or as a felony. If strangulation only surfaces late in a broader domestic violence investigation, that window may already be closing.

1
Pennsylvania General Assembly. Pennsylvania Code Title 18 Chapter 27 Section 2718 – Strangulation
2
Pennsylvania General Assembly. Pennsylvania Code Title 18 Chapter 11 Section 1104 – Sentence of Imprisonment for Misdemeanors
3
Pennsylvania General Assembly. Pennsylvania Code Title 18 Chapter 11 Section 1101 – Fines
4
Pennsylvania General Assembly. Pennsylvania Code Title 23 Section 6102 – Definitions
5
Pennsylvania General Assembly. Pennsylvania Code Title 18 Chapter 11 Section 1103 – Sentence of Imprisonment for Felony
6
Pennsylvania General Assembly. Pennsylvania Code Title 18 Chapter 9 Section 907 – Possessing Instruments of Crime
7
Pennsylvania General Assembly. Pennsylvania Code Title 18 Chapter 27 – Assault
8
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
9
Pennsylvania General Assembly. Pennsylvania Code Title 42 Section 5552 – Other Offenses