(a) As used in this section:
(1) “Chokehold” means of any of the following:
- a. A technique intended to restrict another person’s airway, or prevent or restrict the breathing of another person.
- b. A technique intended to constrict the flow of blood by applying pressure or force to the carotid artery, the jugular vein, or the side of the neck of another person.
- (2) “Law-enforcement officer” means as defined in § 222 of this title.
(b) A person commits the offense of aggravated strangulation if all of the following conditions are satisfied:
- (1) The person is a law-enforcement officer.
- (2) The person knowingly or intentionally uses a chokehold on another person.
- (3) The person is acting within the person’s official capacity as a law-enforcement officer.
- (c) Notwithstanding §§ 462-468 of this title to the contrary, the use of a chokehold is only justifiable when the person reasonably believes that the use of deadly force is necessary to protect the life of a civilian or a law-enforcement officer.
- (d) Except as provided in paragraph (e) of this section, aggravated strangulation is a class D felony.
- (e) Aggravated strangulation is a class C felony if the person caused serious physical injury or death to the other person while committing the offense.
- (f) A charge under this section does not limit or preclude any other charge being brought against the person.
82 Del. Laws, c. 281, § 1; 83 Del. Laws, c. 37, § 4