It is an offence for a person, without consent, to choke, suffocate or strangle a person with whom they are or have been in a relationship [Criminal Law Consolidation Act 1935 (SA) s 20A(1)]. The maximum penalty is imprisonment for 7 years.

The definition of in a relationship for the purposes of this offence is broader than an intimate relationship and includes other family relationships [s 20A(3)]. Two people will be taken to be in a relationship with each other if:

For an offence against s 20A(1), there is no requirement that harm be intended or caused by the act of choking, suffocation or strangulation. Section 20A recognises the inherent danger of choking, suffocation or strangulation, and its status as a predictor of the escalation of domestic violence to domestic homicide. The prosecution need only prove that an accused deliberately engaged in conduct intending to choke, suffocate or strangle, or being reckless as to whether their conduct would choke, suffocate or strangle [see Burnett v The King [2025] SASCA 126, noting this case considered s 20A prior to the 2025 amendments outlined below].

From 1 May 2025, it is an offence for a person, without consent, to choke, suffocate or strangle a person with whom they are or have been in a relationship, where harm is caused such that the person is rendered unconscious [s 20A(a1)]. The maximum penalty for this offence is imprisonment for 10 years.

From 1 May, the law also includes definitions of choking, strangling and suffocating for the purposes of s 20A. Until 1 May, the common law definitions were used [see Burnett v The King [2025] SASCA 126]. Definitions have been introduced to clarify that proof of restriction of breath is not needed to establish an offence against s 20A.

Choking or strangling a person means the applying of pressure to the person's neck to an extent that is capable of affecting the breath or the flow of blood to the head of the person [s 20A(4)(a)].

Suffocating a person includes a reference to obstructing a person's respiratory system, interfering with the operation of a person's respiratory system, or impeding the person's respiration [s 20A(4)(b)].

The offence under s 20A(a1) and the definitions of choking, strangling and suffocating only apply to offences committed on or after 1 May 2025.