{"data":{"id":"us-ne/neb.-rev.-stat.-28-115","jurisdiction":"us-ne","citation":"Neb. Rev. Stat. § 28-115","heading":"Neb. Rev. Stat. § 28-115","body":"(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:\n\n(a) Assault in the first degree, section 28-308 ;\n\n(b) Assault in the second degree, section 28-309 ;\n\n(c) Assault in the third degree, section 28-310 ;\n\n(d) Assault by strangulation or suffocation, section 28-310.01 ;\n\n(e) Sexual assault in the first degree, section 28-319 ;\n\n(f) Sexual assault in the second or third degree, section 28-320 ;\n\n(g) Sexual assault of a child in the first degree, section 28-319.01 ;\n\n(h) Sexual assault of a child in the second or third degree, section 28-320.01 ;\n\n(i) Sexual abuse of an inmate or parolee in the first degree, section 28-322.02 ;\n\n(j) Sexual abuse of an inmate or parolee in the second degree, section 28-322.03 ;\n\n(k) Sexual abuse of a protected individual in the first or second degree, section 28-322.04 ;\n\n(l) Sexual abuse of a detainee under section 28-322.05 ;\n\n(m) Domestic assault in the first, second, or third degree, section 28-323 ;\n\n(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 ;\n\n(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 ;\n\n(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 ;\n\n(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 ;\n\n(r) Assault by a confined person, section 28-932 ;\n\n(s) Confined person committing offenses against another person, section 28-933 ; and\n\n(t) Proximately causing serious bodily injury while operating a motor vehicle, section 60-6,198 .\n\n(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.\n\n(3) The prosecution shall allege and prove beyond a reasonable doubt that the victim was pregnant at the time of the offense.","path":["NE Code","Chapter 28"],"source_url":"https://nebraskalegislature.gov/laws/statutes.php?statute=28-115","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:21Z","sha256":"47912b4d8889762ef55e731dd6009387f3c5c1b16cafc6fef6fbb26e39d27a95","source_id":"us-ne","stale":false,"prev":"us-ne/neb.-rev.-stat.-28-114","next":"us-ne/neb.-rev.-stat.-28-116"},"notice":"GroundRules: Original legal text. Not legal advice."}