G.L. c. 265, § 15D
- A person is charged with suffocation if the Commonwealth can prove three elements, beyond a reasonable doubt:
- (1) That the defendant blocked the nose or mouth of the alleged victim;
- (2) That he or she interfered with the normal breathing or circulation of blood of the alleged victim, without having any right or excuse for doing so; and
- (3) That he or she did so intentionally.
- Practice Notes
- Suffocation may be aggravated by (1) causing serious bodily injury; (2) knowing or having reason to know that the victim is pregnant; (3) knowing that there is an abuse prevention or restraining order in effect against the defendant; or (4) having a prior conviction for strangulation or suffocation.