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

Neb. Rev. Stat. § 28-309 (2026)

Assault in the second degree; penalty

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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(1) A person commits the offense of assault in the second degree if he or she:

(a) Intentionally or knowingly causes bodily injury to another person with a dangerous instrument;

(b) Recklessly causes serious bodily injury to another person with a dangerous instrument; or

(c) Unlawfully strikes or wounds another (i) while legally confined in a jail or an adult correctional or penal institution, (ii) while otherwise in legal custody of the Department of Correctional Services, or (iii) while committed as a dangerous sex offender under the Sex Offender Commitment Act.

(2) Assault in the second degree shall be a Class IIA felony.

Notes of Decisions
Cited in 98 cases (27 in the last 5 years), 1981–2026 · leading case: State v. Ballew, 867 N.W.2d 571 (Neb. 2015).
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State v. Ballew, 867 N.W.2d 571 (Neb. 2015). · cites it 17× “2014), two counts of second degree assault in violation of Neb. Rev. Stat. § 28-309 (Cum. Supp. 2014), and two counts of use of a deadly weapon to commit a felony in violation of Neb.”
State v. Hoffman, 416 N.W.2d 231 (Neb. 1987). · cites it 13× “Hoffman was convicted of, and sentenced for, three crimes, namely, assault in the second *133 degree, Neb. Rev. Stat. § 28-309 (l)(b) (Reissue 1985), a Class IV felony; motor vehicle homicide, Neb.”
State v. Briggs, 9 N.W.3d 632 (Neb. 2024). · cites it 12× “Criminal Law: Battery: Words and Phrases. In the criminal context, common-law battery must be “willful,” meaning the contact was made intentionally, recklessly, or with criminal negligence; accidental or inadvertent contact is not sufficient.”
State v. Cross, 900 N.W.2d 1 (Neb. 2017). · cites it 2× “Cross’ convictions and sentences were summarily affirmed by the Nebraska Court of Appeals.”
State v. Johnson, 988 N.W.2d 159 (Neb. 2023). · cites it 3× “1. Count II On June 1, 2021, the State filed another amended information, this time setting forth two counts.”
State v. Williams, 503 N.W.2d 561 (Neb. 1993). · cites it 4× “” The applicable passage of Neb. Rev. Stat. § 28-309 (1) (Reissue 1989) proclaims: “A person commits the offense of assault in the second degree if he or she: (a) Intentionally or knowingly causes bodily injury to *962 another person with a dangerous instrument; (b) Recklessly…”
State v. Pruett, 638 N.W.2d 809 (Neb. 2002). · cites it 3× “” Pruett was convicted of unintentionally causing the death of Wakan while in the commission of a second degree assault under Neb. Rev. Stat. § 28-309 (Cum. Supp. 2000).”
State v. Woolridge-Jones, 5 N.W.3d 426 (Neb. 2024). · cites it 2× “Woolridge-Jones also emphasizes his mental health struggles and his efforts toward avoiding future criminal behavior, such as taking responsibility for the offenses and continuing his education.”
State v. Hatwan, 303 N.W.2d 779 (Neb. 1981). · cites it 9× “Assault in the second degree is defined by Neb. Rev. Stat. § 28-309 (Reissue 1979) as follows: “(1) A person commits the offense of assault in the second degree if he: “(a) Intentionally or knowingly causes bodily injury to another person with a dangerous instrument; or “(b)…”
In re Interest of Siebert, 390 N.W.2d 522 (Neb. 1986). · cites it 4× “§ 28-308 (Reissue 1985) defines assault in the first degree, Neb.Rev.Stat. § 28-309 (Reissue 1985) defines assault in the second degree, and § 28-310 defines assault in the third degree.”
State v. Al-Zubaidy, 641 N.W.2d 362 (Neb. 2002). · cites it 2× “§ 28-310 (Reissue 1995) defines the offense of third degree assault and reads in pertinent part: “(1) A person commits the offense of assault in the third degree if he: (a) Intentionally, knowingly, or recklessly causes bodily injury to another personf.”
State v. Esai P., 942 N.W.2d 416 (Neb. Ct. App. 2020). · cites it 2× “§ 28-309 (1)(a) (Reissue 2016), a Class IIA felony.”
Show all 98 citing cases →
Neb. Rev. Stat. § 28-309(1): 9 cases
State v. Williams, 503 N.W.2d 561 (Neb. 1993). “” The applicable passage of Neb. Rev. Stat. § 28-309 (1) (Reissue 1989) proclaims: “A person commits the offense of assault in the second degree if he or she: (a) Intentionally or knowingly causes bodily injury to *962 another person with a dangerous instrument; (b) Recklessly…”
State v. Ballew, 867 N.W.2d 571 (Neb. 2015). “2014), two counts of second degree assault in violation of Neb. Rev. Stat. § 28-309 (Cum. Supp. 2014), and two counts of use of a deadly weapon to commit a felony in violation of Neb.”
State v. Milenkovich, 458 N.W.2d 747 (Neb. 1990).
State v. Briggs, 9 N.W.3d 632 (Neb. 2024). “Criminal Law: Battery: Words and Phrases. In the criminal context, common-law battery must be “willful,” meaning the contact was made intentionally, recklessly, or with criminal negligence; accidental or inadvertent contact is not sufficient.”
State v. Britt, 493 N.W.2d 631 (Neb. Ct. App. 1992).
Neb. Rev. Stat. § 28-309(1)(a): 8 cases
State v. Ballew, 867 N.W.2d 571 (Neb. 2015). “2014), two counts of second degree assault in violation of Neb. Rev. Stat. § 28-309 (Cum. Supp. 2014), and two counts of use of a deadly weapon to commit a felony in violation of Neb.”
State v. Johnson, 988 N.W.2d 159 (Neb. 2023). “1. Count II On June 1, 2021, the State filed another amended information, this time setting forth two counts.”
State v. Rowe, 315 N.W.2d 250 (Neb. 1982).
State v. Sutton, 16 Neb. Ct. App. 185 (Neb. Ct. App. 2007).
State v. Alford, 884 N.W.2d 470 (Neb. Ct. App. 2016).
Neb. Rev. Stat. § 28-309(1)(b): 1 case
State v. Kistenmacher, 436 N.W.2d 168 (Neb. 1989).
Neb. Rev. Stat. § 28-309(1)(c): 3 cases
State v. Briggs, 9 N.W.3d 632 (Neb. 2024). “Criminal Law: Battery: Words and Phrases. In the criminal context, common-law battery must be “willful,” meaning the contact was made intentionally, recklessly, or with criminal negligence; accidental or inadvertent contact is not sufficient.”
State v. Falcon, No. A-23-824 (Neb. Ct. App. Nov. 5, 2024).
State v. Falcon, No. A-24-761 (Neb. Ct. App. June 17, 2025).
Neb. Rev. Stat. § 28-309(1)(c)(i): 2 cases
State v. Briggs, 9 N.W.3d 632 (Neb. 2024). “Criminal Law: Battery: Words and Phrases. In the criminal context, common-law battery must be “willful,” meaning the contact was made intentionally, recklessly, or with criminal negligence; accidental or inadvertent contact is not sufficient.”
State v. Falcon, No. A-24-761 (Neb. Ct. App. June 17, 2025).
Neb. Rev. Stat. § 28-309(2): 2 cases
State v. Thurman, 730 N.W.2d 805 (Neb. 2007).
State v. Sanchez, No. A-20-351 (Neb. Ct. App. June 29, 2021).
Neb. Rev. Stat. § 28-309(l)(a): 4 cases
State v. Hoffman, 416 N.W.2d 231 (Neb. 1987). “Hoffman was convicted of, and sentenced for, three crimes, namely, assault in the second *133 degree, Neb. Rev. Stat. § 28-309 (l)(b) (Reissue 1985), a Class IV felony; motor vehicle homicide, Neb.”
State v. Sianouthai, 402 N.W.2d 316 (Neb. 1987).
State v. Ayres, 464 N.W.2d 316 (Neb. 1991).
State v. Hatwan, 303 N.W.2d 779 (Neb. 1981). “Assault in the second degree is defined by Neb. Rev. Stat. § 28-309 (Reissue 1979) as follows: “(1) A person commits the offense of assault in the second degree if he: “(a) Intentionally or knowingly causes bodily injury to another person with a dangerous instrument; or “(b)…”
Neb. Rev. Stat. § 28-309(l)(b): 3 cases
State v. Hoffman, 416 N.W.2d 231 (Neb. 1987). “Hoffman was convicted of, and sentenced for, three crimes, namely, assault in the second *133 degree, Neb. Rev. Stat. § 28-309 (l)(b) (Reissue 1985), a Class IV felony; motor vehicle homicide, Neb.”
State v. Parks, 565 N.W.2d 734 (Neb. Ct. App. 1997).
State v. Kistenmacher, 436 N.W.2d 168 (Neb. 1989).
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