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

Neb. Rev. Stat. § 28-310.01 (2026)

Assault by strangulation or suffocation; penalty; affirmative defense

✓ 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 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.

Notes of Decisions
Cited in 27 cases (13 in the last 5 years), 2009–2026 · leading case: State v. Anderson, 943 N.W.2d 690 (Neb. 2020).
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State v. Anderson, 943 N.W.2d 690 (Neb. 2020). · cites it 3× “01 (2) (Reissue 2016), in relation to events occurring on March 14, - 981 - Nebraska Supreme Court Advance Sheets 305 Nebraska Reports STATE v. ANDERSON 2019. Following a hearing on March 15, the court issued an order of probable cause and further detention.”
State v. Barranco, 769 N.W.2d 343 (Neb. 2009). · cites it 2× “CONCLUSION For the foregoing reasons, the judgment of the district court is affirmed. AFFIRMED.”
State v. Bedford, 980 N.W.2d 451 (Neb. Ct. App. 2022). · cites it 3× “Counts 1 and 2 related to an incident occurring in April 2020, count 3 stemmed from an October 2019 incident, and count 4 arose from a July 2019 incident. Count 5 related to a phone call between Bedford and Jessica on October 7, 2019, while Bedford was incarcerated.”
State v. Schramm, 933 N.W.2d 600 (Neb. Ct. App. 2019). · cites it 2× “, which occurred in the early morning hours of August 28, 2017. J.K. is a citizen of the Czech Republic.”
State v. Simpson, No. A-19-923 (Neb. Ct. App. Nov. 3, 2020). · cites it 6× “CHARGES AND PRETRIAL PROCEEDINGS On June 8, 2017, the State filed an information, charging Simpson with assault by strangulation in violation of Neb. Rev. Stat. § 28-310.01 (Reissue 2016), a Class IIIA felony; child abuse in violation of Neb.”
State v. Taylor, No. A-19-1113, A-19-1114 (Neb. Ct. App. Jan. 5, 2021). · cites it 6× “On April 9, 2019, an information filed in the district court charged Taylor with one count of strangulation, a Class IIIA felony under Neb. Rev. Stat. § 28-310.01 (1) and (2) (Supp.”
State v. James, No. A-17-462 (Neb. Ct. App. Feb. 27, 2018). · cites it 5× “BACKGROUND The State filed an amended information charging James with count 1: strangulation, in violation of Neb. Rev. Stat. § 28-310.01 (Reissue 2016), a Class IIIA felony; count 2: terroristic threats, in violation of Neb.”
State v. Enquist, No. A-21-1023 (Neb. Ct. App. Nov. 22, 2022). · cites it 4× “CHARGES AND PRETRIAL PROCEEDINGS On December 14, 2020, the State filed an information in the district court, charging Enquist with assault by strangulation, in violation of Neb. Rev. Stat. § 28-310.01 (Cum. Supp. 2022), a Class IIIA felony; third degree domestic assault, in…”
State v. Pelc, No. A-18-540 (Neb. Ct. App. Apr. 2, 2019). · cites it 3× “On May 17, the State filed an information in the district court, charging Pelc with strangulation in violation of Neb. Rev. Stat. § 28-310.01 (Reissue 2016), a Class IIIA felony; terroristic threats in violation of Neb.”
State v. Klein, No. A-18-1132 (Neb. Ct. App. Oct. 8, 2019). · cites it 3× “See Neb. Rev. Stat. § 28-310.01 (1) (Reissue 2016) (person commits strangulation if person knowingly or intentionally impedes normal breathing or circulation of blood of another person by applying pressure on throat or neck of other person).”
State v. McPeak, No. A-19-182 (Neb. Ct. App. Nov. 5, 2019). · cites it 3× “See Neb. Rev. Stat. § 28-310.01 (2) (Reissue 2016).”
State v. Tilkins, No. A-25-526 (Neb. Ct. App. Mar. 31, 2026). · cites it 3× “(a) Assault by Strangulation or Suffocation Pursuant to Neb. Rev. Stat. § 28-310.01 (Cum. Supp. 2024): (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…”
Show all 27 citing cases →
Neb. Rev. Stat. § 28-310.01(1): 3 cases
State v. Bedford, 980 N.W.2d 451 (Neb. Ct. App. 2022). “Counts 1 and 2 related to an incident occurring in April 2020, count 3 stemmed from an October 2019 incident, and count 4 arose from a July 2019 incident. Count 5 related to a phone call between Bedford and Jessica on October 7, 2019, while Bedford was incarcerated.”
State v. Taylor, No. A-19-1113, A-19-1114 (Neb. Ct. App. Jan. 5, 2021). “On April 9, 2019, an information filed in the district court charged Taylor with one count of strangulation, a Class IIIA felony under Neb. Rev. Stat. § 28-310.01 (1) and (2) (Supp.”
State v. Enquist, No. A-21-1023 (Neb. Ct. App. Nov. 22, 2022). “CHARGES AND PRETRIAL PROCEEDINGS On December 14, 2020, the State filed an information in the district court, charging Enquist with assault by strangulation, in violation of Neb. Rev. Stat. § 28-310.01 (Cum. Supp. 2022), a Class IIIA felony; third degree domestic assault, in…”
Neb. Rev. Stat. § 28-310.01(2): 2 cases
State v. Anderson, 943 N.W.2d 690 (Neb. 2020). “01 (2) (Reissue 2016), in relation to events occurring on March 14, - 981 - Nebraska Supreme Court Advance Sheets 305 Nebraska Reports STATE v. ANDERSON 2019. Following a hearing on March 15, the court issued an order of probable cause and further detention.”
State v. Taylor, No. A-19-1113, A-19-1114 (Neb. Ct. App. Jan. 5, 2021). “On April 9, 2019, an information filed in the district court charged Taylor with one count of strangulation, a Class IIIA felony under Neb. Rev. Stat. § 28-310.01 (1) and (2) (Supp.”
Neb. Rev. Stat. § 28-310.01(3): 1 case
State v. Taylor, No. A-19-1113, A-19-1114 (Neb. Ct. App. Jan. 5, 2021). “On April 9, 2019, an information filed in the district court charged Taylor with one count of strangulation, a Class IIIA felony under Neb. Rev. Stat. § 28-310.01 (1) and (2) (Supp.”
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