View Statute 28-311.04

(1) Except as provided in subsection (2) of this section, any person convicted of violating section 28-311.03 is guilty of a Class I misdemeanor. (2) Any person convicted of violating section 28-311.03 is guilty of a Class IIIA felony if: (a) The person has a prior conviction under such section or a substantially conforming criminal violation within the last seven years; (b) The victim is under sixteen years of age; (c) The person possessed a deadly weapon at any time during the violation; (d) The person was also in violation of any protection order issued under the Protection Orders Act or any valid foreign protection order recognized pursuant to section 26-123 or 26-124 at any time during the violation; or (e) The person has been convicted of any felony in this state or has been convicted of a crime in another jurisdiction which, if committed in this state, would constitute a felony and the victim or a family or household member of the victim was also the victim of such previous felony. Laws 1992, LB 1098, § 3; Laws 1993, LB 299, § 3; Laws 2006, LB 1113, § 23; Laws 2015, LB605, § 16; Laws 2017, LB289, § 3; Laws 2025, LB80, § 28. Protection Orders Act, see section 26-101 .