FOR AN ACT ENTITLED, An Act to establish strangulation as one element of the crime of aggravated assault.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 22-18-1.1 be amended to read as follows:
    22-18-1.1. Any person who:

            (1)    Attempts to cause serious bodily injury to another, or causes such injury, under circumstances manifesting extreme indifference to the value of human life;

            (2)    Attempts to cause, or knowingly causes, bodily injury to another with a dangerous weapon;

            (3)    Deleted by SL 2005, ch 120, § 2;

            (4)    Assaults another with intent to commit bodily injury which results in serious bodily injury;

            (5)    Attempts by physical menace with a deadly weapon to put another in fear of imminent serious bodily harm; or

            (6)    Deleted by SL 2005, ch 120, § 2;

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            (7)    Intentionally or recklessly causes serious bodily injury to an infant, less than three years old, by causing any intracranial or intraocular bleeding, or swelling of or damage to the brain, whether caused by blows, shaking, or causing the infant's head to impact with an object or surface;

            (8)    Attempts by strangulation to induce a fear of death or of imminent serious bodily harm or causes the victim to suffer asphyxia to whatever degree;
is guilty of aggravated assault. Aggravated assault is a Class 3 felony. However, a violation of subdivision (7) is a Class 2 felony. A second or subsequent violation of subdivision (7) is a Class 1 felony.