View Statute 28-115

(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. Laws 2006, LB 57, § 9; Laws 2010, LB771, § 1; Laws 2014, LB811, § 1; Laws 2016, LB1094, § 4; Laws 2019, LB141, § 1; Laws 2019, LB519, § 5; Laws 2026, LB965, § 5. Operative Date: July 18, 2026