Section 28-115 - Criminal offense against a pregnant woman; enhanced penalty(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.Neb. Rev. Stat. §§ 28-115
Laws 2006, LB 57, § 9; Laws 2010, LB 771, § 1; Laws 2014, LB 811, § 1; Laws 2016, LB 1094, § 4; Laws 2019, LB 141, § 1; Laws 2019, LB 519, § 5.Amended by Laws 2019, LB 519,§ 5, eff. 9/1/2019.Amended by Laws 2019, LB 141,§ 1, eff. 9/1/2019.Amended by Laws 2016, LB 1094,§ 4, eff. 4/20/2016.Amended by Laws 2014, LB 811,§ 1, eff. 7/18/2014.