§ 28-115 — Criminal offense against a pregnant woman; enhanced penalty

(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 or parolee in the first degree, section 28-322.02 ;
(j) Sexual abuse of an inmate or parolee 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 under section 28-322.05 ;
(m) Domestic assault in the first, second, or third degree, section 28-323 ;
(n) 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 ;
(o) 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 ;
(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 third degree, section 28-931 ;
(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 using a motor vehicle, section 28-931.01 ;
(r) Assault by a confined person, section 28-932 ;
(s) Confined person committing offenses against another person, section 28-933 ; and
(t) 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.

Legislative History

Source: 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.