(a) A person is guilty of strangulation or suffocation in the first degree when such person commits strangulation or suffocation in the second degree as provided in section 53a-64bb and (1) in the commission of such offense, such person (A) uses or attempts to use a dangerous instrument, or (B) causes serious physical injury to such other person, or (2) such person has previously been convicted of a violation of this section or section 53a-64bb . (b) No person shall be found guilty of strangulation or suffocation in the first degree and unlawful restraint or assault upon the same incident, but such person may be charged and prosecuted for all three offenses upon the same information. For the purposes of this section, “unlawful restraint” means a violation of section 53a-95 or 53a-96 , and “assault” means a violation of section 53a-59 , 53a-59a , 53a-59b , 53a-59c , 53a-60 , 53a-60a , 53a-60b , 53a-60c , 53a-61 or 53a-61a . (c) Strangulation or suffocation in the first degree is a class C felony.
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