Neb. Rev. Stat. § 28-115: Neb. Rev. Stat. § 28-115

(1) Except as provided in subsection (2) of this section, any person who commits any of the following criminal offenses against a pregnant woman shall be punished by the imposition of the next higher penalty classification than the penalty classification prescribed for the criminal offense:

(a) Assault in the first degree, section 28-308 ;

(b) Assault in the second degree, section 28-309 ;

(c) Assault in the third degree, section 28-310 ;

(d) Assault by strangulation or suffocation, section 28-310.01 ;

(e) Sexual assault in the first degree, section 28-319 ;

(f) Sexual assault in the second or third degree, section 28-320 ;

(g) Sexual assault of a child in the first degree, section 28-319.01 ;

(h) Sexual assault of a child in the second or third degree, section 28-320.01 ;

(i) Sexual abuse of an inmate or parolee in the first degree, section 28-322.02 ;

(j) Sexual abuse of an inmate or parolee in the second degree, section 28-322.03 ;

(k) Sexual abuse of a protected individual in the first or second degree, section 28-322.04 ;

(l) Sexual abuse of a detainee under section 28-322.05 ;

(m) Domestic assault in the first, second, or third degree, section 28-323 ;

(n) Assault on an officer, an emergency responder, a state correctional employee, a Department of Health and Human Services employee, or a health care professional in the first degree, section 28-929 ;

(o) Assault on an officer, an emergency responder, a state correctional employee, a Department of Health and Human Services employee, or a health care professional in the second degree, section 28-930 ;

(p) Assault on an officer, an emergency responder, a state correctional employee, a Department of Health and Human Services employee, or a health care professional in the third degree, section 28-931 ;

(q) Assault on an officer, an emergency responder, a state correctional employee, a Department of Health and Human Services employee, or a health care professional using a motor vehicle, section 28-931.01 ;

(r) Assault by a confined person, section 28-932 ;

(s) Confined person committing offenses against another person, section 28-933 ; and

(t) Proximately causing serious bodily injury while operating a motor vehicle, section 60-6,198 .

(2) The enhancement in subsection (1) of this section does not apply to any criminal offense listed in subsection (1) of this section that is already punishable as a Class I, IA, or IB felony. If any criminal offense listed in subsection (1) of this section is punishable as a Class I misdemeanor, the penalty under this section is a Class IIIA felony.

(3) The prosecution shall allege and prove beyond a reasonable doubt that the victim was pregnant at the time of the offense.