Neb. Rev. Stat. » Chapter 28
Nebraska Revised Statutes

Neb. Rev. Stat. § 28-115 (2026)

Criminal offense against a pregnant woman; enhanced penalty

✓ current as of July 2026
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(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.

Notes of Decisions
Cited in 6 cases (5 in the last 5 years), 2016–2025 · leading case: State v. Benavides, 884 N.W.2d 923 (Neb. 2016).
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State v. Benavides, 884 N.W.2d 923 (Neb. 2016). · cites it 2× “2014) and Neb. Rev. Stat. §§ 28-115 and 28-323(4) (Cum.”
State v. Bryant, 311 Neb. 206 (Neb. 2022). · cites it 2× “§ 28-310 (Reissue 2016), which was enhanced to a Class IIIA felony under Neb. Rev. Stat. § 28-115 (1)(c) (Cum. Supp.”
State v. Davis, 982 N.W.2d 261 (Neb. Ct. App. 2022). · cites it 2× “See, Neb. Rev. Stat. § 28-115 (Cum. Supp. 2020) (criminal offense against a pregnant woman; enhanced penalty); Neb.”
State v. Bryant, 311 Neb. 206 (Neb. 2022). · cites it 2× “§ 28-310 (Reissue 2016), which was enhanced to a Class IIIA felony under Neb. Rev. Stat. § 28-115 (1)(c) (Cum. Supp.”
State v. Simonson (Neb. Ct. App. 2023). · cites it 2× “§ 28-310 (1) (Reissue 2016); Neb. Rev. Stat. § 28-115 (1)(c) (Cum. Supp.”
State v. Warbonnett (Neb. Ct. App. 2025). · cites it 2× “§ 28-323 (Reissue 2016); count 2, assault by strangulation or suffocation on a pregnant woman, a Class III felony, pursuant to Neb. Rev. Stat. §§ 28-115 and 28-310.01 (Cum.”
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