(1) A person commits the offense of domestic assault in the third degree if he or she:
(a) Intentionally, knowingly, or recklessly causes bodily injury to his or her intimate partner; or
(b) Threatens an intimate partner with imminent bodily injury.
(2) A person commits the offense of domestic assault in the second degree if he or she:
(a) Intentionally and knowingly causes bodily injury to his or her intimate partner with a dangerous instrument; or
(b) Recklessly causes serious bodily injury to his or her intimate partner with a dangerous instrument.
(3) A person commits the offense of domestic assault in the first degree if he or she intentionally and knowingly causes serious bodily injury to his or her intimate partner.
(4) A violation of subsection (1) of this section is a Class I misdemeanor, except that such violation shall be punished as a:
(a) Class IIIA felony if the person has one previous conviction for a violation of subsection (1), (2), or (3) of this section or a substantially equivalent offense; or
(b) Class IIA felony if the person has previously been convicted two or more times for any violation of subsection (1), (2), or (3) of this section or any substantially equivalent offense.
(5) A violation of subsection (2) of this section is a Class IIA felony, except that such violation shall be punished as a Class II felony if such person has one or more previous convictions for a violation of subsection (2) or (3) of this section or a substantially equivalent offense.
(6) A violation of subsection (3) of this section is a Class ID felony, except that such violation shall be punished as a Class IB felony with a mandatory minimum sentence of fifteen years' imprisonment if such person has one or more previous convictions for a violation of subsection (3) of this section or a substantially equivalent offense.
(7) For purposes of this section:
(a) Dating relationship means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement, but does not include a casual relationship or an ordinary association between persons in a business or social context;
(b) Intimate partner means a spouse; a former spouse; persons who have a child in common whether or not they have been married or lived together at any time; and persons who are or were involved in a dating relationship; and
(c) Substantially equivalent offense means a violation of law that:
(i) Is a criminal offense under federal law or the law of another state; and
(ii) Has essentially the same elements as the violation of this section to which it is being compared.
Notes of Decisions
Cited in
60
cases (
30 in the last 5 years), 2008–2026 · leading case:
State v. Lebeau, 784 N.W.2d 921 (Neb. 2010).
State v. Lebeau, 784 N.W.2d 921 (Neb. 2010).
· cites it 5× “) And Neb.Rev.Stat. § 28-323 (Reissue 2008), the domestic assault statute, defines intimate partner as "a spouse; a former spouse; persons who have a child in common whether or not they have been married or lived together at any time; and persons who are or were involved in a…”
State v. Bedford, 980 N.W.2d 451 (Neb. Ct. App. 2022).
· cites it 9× “The State filed an amended information on June 2, 2021, alleging the same five counts and charging Bedford as a - 345 - Nebraska Court of Appeals Advance Sheets 31 Nebraska Appellate Reports STATE V.”
State v. Gay, 778 N.W.2d 494 (Neb. Ct. App. 2009).
· cites it 13× “On appeal, Gay alleges that there is insufficient evidence to prove the victim of the assault was an "intimate partner" pursuant to Neb.Rev.Stat. § 28-323 (Reissue 2008) and that as a result, there is insufficient evidence to sustain his conviction for third degree domestic…”
Scalise v. Davis, 980 N.W.2d 27 (Neb. 2022).
· cites it 7× “Further, to the extent Scalise argues that § 28-310 does not have a domestic relationship element, such argument is negated by the fact that the circumstance-specific approach, applicable to the domestic relationship requirement of § 921(a)(33)(A)(ii), allows us to look beyond…”
State v. Anderson, 943 N.W.2d 690 (Neb. 2020).
· cites it 2× “The factual basis provided by the State asserted that on March 14, 2019, law enforcement responded to a report of domestic assault. A protection order had been granted for the victim against Anderson earlier that day, but had not yet been served.”
State v. Chase, 964 N.W.2d 254 (Neb. 2021).
· cites it 2× “The court set bond and appointed Chase defense counsel. - 163 - Nebraska Supreme Court Advance Sheets 310 Nebraska Reports STATE v.”
State v. Woodruff, 965 N.W.2d 836 (Neb. Ct. App. 2021).
· cites it 2× “The district court sentenced Woodruff to 364 days’ incarceration for the third degree domestic assault conviction and a consecutive sentence of 180 days’ incarceration for the possession of a controlled substance conviction.”
State v. Moody, 970 N.W.2d 770 (Neb. 2022).
· cites it 2× “The trial was originally set for November 9, but the district court held a rescheduling hearing on November 6, and on November 10, the court entered an order continuing the trial until January 20, 2021.”
State v. Gnewuch, 3 N.W.3d 295 (Neb. 2024).
· cites it 2× “(4) Except as otherwise provided in this section and sections 29-2293 and 29-2294, the supervision of a defendant on probation pursuant to a deferred judgment shall be governed by the Nebraska Probation Administration Act and sections 29-2270 to 29-2273.”
State v. Roebuck, 976 N.W.2d 218 (Neb. Ct. App. 2022).
· cites it 3× “was roused awake by his mother to find a woman screaming for help outside of their house on North 28th Street in Lincoln, Nebraska.”
State v. Lintz, 902 N.W.2d 683 (Neb. 2017).
· cites it 2× “See Neb. Rev. Stat. § 28-323 (Reissue 2016). Lintz requested a jury trial.”
State v. Williams, 757 N.W.2d 187 (Neb. 2008).
· cites it 2× “Williams pled guilty to domestic assault in the third degree, which is a Class I misdemeanor under Neb. Rev. Stat. § 28-323 (4) (Cum. Supp. 2006).”
Neb. Rev. Stat. § 28-323(1): 8 cases
State v. Bedford, 980 N.W.2d 451 (Neb. Ct. App. 2022).
“The State filed an amended information on June 2, 2021, alleging the same five counts and charging Bedford as a - 345 - Nebraska Court of Appeals Advance Sheets 31 Nebraska Appellate Reports STATE V.”
State v. Gay, 778 N.W.2d 494 (Neb. Ct. App. 2009).
“On appeal, Gay alleges that there is insufficient evidence to prove the victim of the assault was an "intimate partner" pursuant to Neb.Rev.Stat. § 28-323 (Reissue 2008) and that as a result, there is insufficient evidence to sustain his conviction for third degree domestic…”
State v. Roebuck, 976 N.W.2d 218 (Neb. Ct. App. 2022).
“was roused awake by his mother to find a woman screaming for help outside of their house on North 28th Street in Lincoln, Nebraska.”
Neb. Rev. Stat. § 28-323(1)(a): 7 cases
State v. Bedford, 980 N.W.2d 451 (Neb. Ct. App. 2022).
“The State filed an amended information on June 2, 2021, alleging the same five counts and charging Bedford as a - 345 - Nebraska Court of Appeals Advance Sheets 31 Nebraska Appellate Reports STATE V.”
Neb. Rev. Stat. § 28-323(1)(b): 4 cases
State v. Bedford, 980 N.W.2d 451 (Neb. Ct. App. 2022).
“The State filed an amended information on June 2, 2021, alleging the same five counts and charging Bedford as a - 345 - Nebraska Court of Appeals Advance Sheets 31 Nebraska Appellate Reports STATE V.”
Neb. Rev. Stat. § 28-323(3): 1 case
Neb. Rev. Stat. § 28-323(4): 8 cases
Neb. Rev. Stat. § 28-323(7): 3 cases
State v. Gay, 778 N.W.2d 494 (Neb. Ct. App. 2009).
“On appeal, Gay alleges that there is insufficient evidence to prove the victim of the assault was an "intimate partner" pursuant to Neb.Rev.Stat. § 28-323 (Reissue 2008) and that as a result, there is insufficient evidence to sustain his conviction for third degree domestic…”
Neb. Rev. Stat. § 28-323(8): 5 cases
Scalise v. Davis, 980 N.W.2d 27 (Neb. 2022).
“Further, to the extent Scalise argues that § 28-310 does not have a domestic relationship element, such argument is negated by the fact that the circumstance-specific approach, applicable to the domestic relationship requirement of § 921(a)(33)(A)(ii), allows us to look beyond…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.