28-1904. Covered offense; penalty enhancement; conditions; burden of proof.
367 words·~2 min read·
/ne/chapter-28/28-1904A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)For purposes of this section:
(a)Covered offense means:
(i)Assault in the first degree, section 28-308 ;
(ii)Assault in the second degree, section 28-309 ;
(iii)Assault in the third degree, section 28-310 ;
(iv)Terroristic threats, section 28-311.01 ;
(v)Stalking, section 28-311.03 ;
(vi)Violation of a harassment protection order, section 28-311.09 ;
(vii)False imprisonment in the first degree, section 28-314 ;
(viii)False imprisonment in the second degree, section 28-315 ; and
(ix)Attempt, conspiracy, solicitation, being an accessory to, aiding and abetting, aiding the consummation of, or compounding a felony with any of the other offenses in subdivision (1)(a) of this section as the underlying offense; and
(b)Protected conduct means conduct that is lawful under local, state, and federal law and consists of:
(i)The free exercise of religion;
(ii)Speech, orally or in writing in print or digital form, on a matter of public interest or concern;
(iii)Petitioning any local, state, or federal government entity for redress of grievances; or
(iv)Peaceably assembling.
(2)Any person who commits a covered offense shall be punished by the imposition of the next higher penalty classification than the penalty classification prescribed for the covered offense if:
(a)The person committing the offense is an agent of a foreign principal who acts knowingly at the direction of, on behalf of, or under the influence of such foreign principal; and
(b)The person committed the offense with the intent to:
(i)Coerce another person to act on behalf of a foreign principal;
(ii)Coerce another person to leave the United States or cause another person to leave the United States;
(iii)Cause another person to forebear from engaging in protected conduct; or
(iv)Retaliate against another person for engaging in protected conduct.
(3)If an offense is punishable as a Class I misdemeanor, the enhanced penalty under this section is a Class IV felony.
(4)The allegations supporting an enhancement under this section shall be set forth in the indictment or information, and it shall be the burden of the prosecuting attorney to prove such allegations beyond a reasonable doubt to the judge or jury in the state's case in chief.