28-115. Criminal offense against a pregnant woman; enhanced penalty.
507 words·~2 min read·
/ne/chapter-28/28-115A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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, a parolee, a probationer, or a problem solving court participant in the first degree, section 28-322.02 ;
(j)Sexual abuse of an inmate, a parolee, a probationer, or a problem solving court participant 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 in the first or second degree, section 28-322.05 ;
(m)Sexual abuse by a conservator, guardian, or guardian ad litem in the first or second degree, section 28-322.06 ;
(n)Sexual abuse by a child welfare service provider in the first or second degree, section 28-322.07 ;
(o)Domestic assault in the first, second, or third degree, section 28-323 ;
(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 first degree, section 28-929 ;
(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 in the second degree, section 28-930 ;
(r)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 ;
(s)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 ;
(t)Assault by a confined person, section 28-932 ;
(u)Confined person committing offenses against another person, section 28-933 ; and
(v)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.