View Statute 28-310.01

(1) A person commits the offense of assault by strangulation or suffocation if the person knowingly and intentionally: (a) Impedes the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck of the other person; or (b) Impedes the normal breathing of another person by covering the mouth and nose of the person. (2) An offense is committed under this section regardless of whether a visible injury resulted. (3) Except as provided in subsection (4) of this section, a violation of this section is a Class IIIA felony. (4) A violation of this section is a Class IIA felony if: (a) The person used or attempted to use a dangerous instrument while committing the offense; (b) The person caused serious bodily injury to the other person while committing the offense; or (c) The person has been previously convicted: (i) Of a violation of this section; or (ii) In any other state or federal court of a criminal offense with essentially the same elements as a violation of this section. (5) It is an affirmative defense that an act constituting strangulation or suffocation was the result of a legitimate medical procedure. Laws 2004, LB 943, § 2; Laws 2015, LB605, § 13; Laws 2019, LB141, § 2; Laws 2026, LB965, § 6. Operative Date: July 18, 2026