The Queensland strangulation Bill, introduced by the state’s Labor Opposition, would overhaul the law on strangulation and similar conduct. It would extend the law beyond domestic relationships to other coercive relationships for the first time. The Criminal Code (Non-fatal Strangulation) and Other Legislation Amendment Bill 2026 was introduced on 28 October 2026 by Member for Gaven Meaghan Scanlon as a private member’s Bill. It has been referred to Parliament’s Justice, Integrity and Community Safety Committee. The Bill largely follows recommendations made by the Queensland Law Reform Commission in 2025. If passed, the changes would take effect on 24 January 2028.
What new offences would the Queensland strangulation Bill create?
The Bill would replace the existing section 315A of the Criminal Code, currently titled “Choking, suffocation or strangulation in a domestic setting”, with a two-tier offence. The first tier covers conduct capable of restricting another person’s breathing or blood circulation and carries a maximum penalty of seven years’ imprisonment. The second, more serious tier applies where the conduct actually restricts the person’s breathing or blood circulation, fully or partly, and carries a maximum of 14 years’ imprisonment.
Both tiers apply where the people involved are in a domestic relationship or a coercive relationship, or where the conduct amounts to associated domestic violence under the Domestic and Family Violence Protection Act 2012.
The Queensland strangulation Bill gives examples such as applying pressure to someone’s neck or covering their nose or mouth.
Separately, the sexual assault provision in section 352 would be expanded. It would cover conduct, done without consent, that fully or partly restricts a person’s breathing or blood circulation where that conduct is a sexual act or happens during sexual activity.
What counts as a “coercive relationship”?
Under the Queensland strangulation Bill, a coercive relationship is a current or past relationship, other than a domestic one, in which the accused uses or has used coercion, control or domination over the other person. It doesn’t matter whether the relationship was conducted in person or by other means, such as through an online social network. Coercion includes, for example, intimidation or threats, assault, damaging someone’s property, and false representations or fraud.
What defences would apply?
The Queensland strangulation Bill proposes two defences for the section 315A offences. The first is consent: a person is not criminally responsible if the act was a sexual act, or happened during sexual activity, and the other person consented. The second covers acts done as part of a socially acceptable function or activity, such as a sporting event, provided the act is reasonable in the circumstances.
The Bill also lists situations in which a person is taken not to have consented. These include where the person is asleep, unconscious, or too affected by alcohol or drugs to consent. They also include where the person goes along with the act because of force, threats or coercion, and where a sex worker takes part after being falsely led to believe they would be paid or otherwise rewarded. If the complainant suffers grievous bodily harm, or harm consisting of restricted breathing or circulation, that harm would count as evidence that they did not consent unless the contrary is proved.
How would other parts of the Criminal Code change?
The Queensland strangulation Bill would also widen the definition of bodily harm in section 339 (assaults occasioning bodily harm) to include the full or partial restriction of breathing or blood circulation. A new section 6C would define a “strangulation offence” as any offence under the Code or another Act where the act involved could restrict, or does restrict, another person’s breathing or blood circulation. Offences against sections 315 and 315A are excluded. Under related changes to the Penalties and Sentences Act 1992, where an offence is charged as a strangulation offence, any conviction would be formally recorded as one. Sentencing courts would also have to treat strangulation conduct as an aggravating factor in other offences.
The Queensland strangulation Bill is at an early stage and may be amended, rejected or overtaken by government legislation. Check its current status on the Queensland Parliament website.
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General information only, not legal advice. Check the official source before acting.
Source: Queensland Legislation. Licence: CC BY 4.0.
