DE HB440

Creates a new offense of suffocation, defined as knowingly or intentionally preventing another person from breathing by blocking or obstructing the nose or mouth.

Elevates strangulation or suffocation from a Class E felony to a Class D felony as the base offense.

Establishes Class B felony penalties for strangulation or suffocation when committed with a dangerous/deadly weapon, causing serious physical injury, subject to an existing court order prohibiting contact, against a pregnant female, or against a child.

Requires a minimum sentence of 1 year at Level 5 for any strangulation or suffocation offense committed within 5 years of a prior conviction for the same or substantially similar offense.

Clarifies that absence of visible bodily injury does not preclude conviction and establishes an affirmative defense for legitimate medical procedures.