§ 28-394 — Motor vehicle homicide of an unborn child; penalty

(1) A person who causes the death of an unborn child unintentionally while engaged in the operation of a motor vehicle in violation of the law of the State of Nebraska or in violation of any city or village ordinance commits motor vehicle homicide of an unborn child.
(2) Except as provided in subsection (3) of this section, motor vehicle homicide of an unborn child is a Class I misdemeanor.
(3)(a) If the proximate cause of the death of an unborn child is the operation of a motor vehicle in violation of section 60-6,213 or 60-6,214 , motor vehicle homicide of an unborn child is a Class IIIA felony.
(b) Except as provided in subdivision (3)(c) of this section, if the proximate cause of the death of an unborn child is the operation of a motor vehicle in violation of section 60-6,196 or 60-6,197.06 , motor vehicle homicide of an unborn child is a Class IIA felony.
(c) If the proximate cause of the death of an unborn child is the operation of a motor vehicle in violation of section 60-6,196 or 60-6,197.06 and the defendant has a prior conviction for a violation of section 60-6,196 or a city or village ordinance enacted in conformance with section 60-6,196 , motor vehicle homicide of an unborn child is a Class II felony.
(4)(a) For a conviction under subsection (2) or subdivision (3)(a) of this section, the court may, as part of the judgment of conviction, order the person not to drive any motor vehicle for any purpose for a period of up to two years and order that the operator's license of such person be suspended for the same period.
(b) For a conviction under subdivision (3)(b) or (c) of this section, the court shall, as part of the judgment of conviction, order the person not to drive any motor vehicle for any purpose for a period of at least sixty days and not more than fifteen years after the date ordered by the court and shall order that the operator's license of such person be revoked for the same period. The revocation shall not run concurrently with any jail term imposed.
(5) An order of the court described in this section shall be administered upon sentencing, upon final judgment of any appeal or review, or upon the date that any probation is revoked.
(6) The crime punishable under this section shall be treated as a separate and distinct offense from any other offense arising out of acts alleged to have been committed while the person was in violation of this section.

Legislative History

Source: Laws 2002, LB 824, § 8; Laws 2004, LB 208, § 2; Laws 2011, LB667, § 4; Laws 2015, LB605, § 24; Laws 2016, LB1094, § 6; Laws 2025, LB530, § 4. Effective Date: September 3, 2025