Lawmaker proposes making strangulation a felony offense
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State Rep. Donna Scheuren wants Pennsylvania courts to handle strangulations more seriously in the future.
Scheuren, R-Gilbertsville, has introduced Erika's Law - The Strangulation Accountability Act in the state House of Representatives. The act is actually three bills: House Bill 2517, House Bill 2518 and House Bill 2519.
HB 2517 would change the grading of stranger-on-stranger strangulation, increasing the severity of the offense from a second-degree misdemeanor to a third-degree felony in cases where the victim and defendant had no prior relationship. Scheuren cited a study published by the National Library of Medicine that showed prior instances of non-fatal strangulation were associated with greater than six-fold odds of becoming an attempted homicide and over seven-fold odds of becoming a completed homicide.
HB 2518 changes bail considerations for strangulation. Recommended by the Pennsylvania Coalition Against Domestic Violence and the Pennsylvania Coalition to Advance Respect, HB 2518 would require magisterial district judges to consider the fact that strangulation is a strong predictor of future violence and lethality when determining bail conditions. Scheuren said the change in policy would help better protect victims and the public from further harm. HB 2519, recommended by the Alliance for HOPE International, imposes a duty on law enforcement officers to provide verbal or written warnings to victims of strangulation. Warnings must inform the victim of the potential for delayed but life-threatening health effects, such as internal bleeding, brain injury, thyroid damage, miscarriage, stroke, and death.
“The severity of strangulation as a crime under our laws should not hinge on whether the victim and defendant previously had an intimate or familial relationship,” Scheuren wrote in her co-sponsorship memorandum. “Strangulation is, unquestionably, one of the most lethal forms of violence that can be perpetrated against another human being. The brazen act of strangling another individual in a public setting is just as violent and life-threatening as an abuser strangling his or her spouse in a domestic setting. Moreover, numerous studies have found that non-fatal strangulation is a ‘significant predictor for future lethal violence’ against women.”
Scheuren's legislative package was inspired by two incidents in Scheuren's district. In 2022, Erika Rothenberger was attacked and strangled by a stranger in the parking lot of her employer. The assailant, who was under investigation for a series of similar, seemingly random attacks on women in the city of Philadelphia, beat and strangled Erika until she lost consciousness. The attacker was caught and charged with strangulation, but the crime was classified as a second-degree misdemeanor because it was not committed against a "family or household member." Under the Pennsylvania Crimes Code, the crime of strangulation is graded as a felony of the second-degree only if the offense was committed against a family or household member, by a caretaker against a care-dependent person, or in conjunction with sexual violence.
Scheuren listed another incident in July 2025 when a woman in Montgomery County was asleep in her home when she awoke to find a man on top of her, attempting to strangle her. The attacker, a 31-year-old illegal alien from Guatemala, was arrested and detained by police. Since 2022, Erika Rothenberger has become an advocate for victims of violent crime and domestic abuse and has publicly advocated for legislation to increase the penalties for strangulation. She hosts a podcast, has written a book, is a sought-after public speaker and has a successful corporate career.
"This terrifying incident mirrors the assault on Erika Rothenberger and underscores the urgent need to strengthen Pennsylvania's laws to address the act of stranger-on-stranger strangulation," Scheuren wrote in her co-sponsorship memorandum. "Even more absurd is the fact that had Erika's attacker only threatened to strangle her, he could have been charged with terroristic threats--a first-degree misdemeanor that carries a higher maximum penalty than the actual act of strangling a stranger. In other words, our laws currently punish threats more severely than the brutal act itself."