{"data":{"id":"us-ne/neb.-rev.-stat.-28-328","jurisdiction":"us-ne","citation":"Neb. Rev. Stat. § 28-328","heading":"Neb. Rev. Stat. § 28-328","body":"(1) No partial-birth abortion shall be performed in this state, unless such procedure is necessary to save the life of the mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.\n\n(2) The intentional and knowing performance of an unlawful partial-birth abortion in violation of subsection (1) of this section is a Class III felony.\n\n(3) No woman upon whom an unlawful partial-birth abortion is performed shall be prosecuted under this section or for conspiracy to violate this section.\n\n(4) The intentional and knowing performance of an unlawful partial-birth abortion shall result in the automatic suspension and revocation of an attending physician's license to practice medicine in Nebraska by the Division of Public Health pursuant to sections 38-177 to 38-1,102 .\n\n(5) Upon the filing of criminal charges under this section by the Attorney General or a county attorney, the Attorney General shall also file a petition to suspend and revoke the attending physician's license to practice medicine pursuant to section 38-186 . A hearing on such administrative petition shall be set in accordance with section 38-188 . At such hearing, the attending physician shall have the opportunity to present evidence that the physician's conduct was necessary to save the life of a mother whose life was endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself. A defendant against whom criminal charges are brought under this section may bring a motion to delay the beginning of the trial until after the entry of an order by the Director of Public Health pursuant to section 38-196 . The findings of the director as to whether the attending physician's conduct was necessary to save the life of a mother whose life was endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, shall be admissible in the criminal proceedings brought pursuant to this section.","path":["NE Code","Chapter 28"],"source_url":"https://nebraskalegislature.gov/laws/statutes.php?statute=28-328","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:21Z","sha256":"7ef367c11fbbc3e2b26498e9be6ef57d0d08d890b36fd77a274e72a5b6881013","source_id":"us-ne","stale":false,"prev":"us-ne/neb.-rev.-stat.-28-327.12","next":"us-ne/neb.-rev.-stat.-28-329"},"notice":"GroundRules: Original legal text. Not legal advice."}