(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
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× “2020); counts 2 through 4, third degree domestic assault with a prior conviction, each a Class IIIA felony, in violation of Neb. Rev. Stat. § 28-323 (1) (Reissue 2016); and count 5, tampering with a witness, a Class IV felony, in violation of Neb.”
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× “As such, when considering an appeal from the denial of an application for a handgun certificate, Nebraska courts should employ the circumstance-specific approach to the specified domestic relationship requirement, but employ the modified categorical approach to the “use of…”
State v. Anderson, 305 Neb. 978 (Neb. 2020).
· cites it 2× “On August 23, 2019, Anderson entered pleas of no contest to the State’s second amended information, which then charged Anderson with one count of third degree domestic assault in violation of Neb. Rev. Stat. § 28-323 (1) and (4) (Reissue 2016), one count of attempted tampering…”
State v. Chase, 310 Neb. 160 (Neb. 2021).
· cites it 2× “Chase are two counts of misdemeanor domestic violence assault in the third degree in violation of Neb. Rev. Stat. § 28-323 (4) (Reissue 2016).”
State v. Woodruff, 30 Neb. Ct. App. 193 (Neb. Ct. App. 2021).
· cites it 2× “Woodruff was convicted of one count of third degree domes- tic assault (second offense) in violation of Neb. Rev. Stat. § 28-323 (1) and (4) (Reissue 2016), a Class IIIA felony, and of one count of possession of a controlled substance (metham- phetamine) in violation of Neb.”
State v. Moody, 970 N.W.2d 770 (Neb. 2022).
· cites it 2× “STATEMENT OF FACTS On May 15, 2020, the State filed an information charging Moody with domestic violence assault in the third degree, sec- ond offense, and strangulation, both Class IIIA felonies under Neb. Rev. Stat. §§ 28-323 (1) and (4) and 28-310.”
State v. Gnewuch, 316 Neb. 47 (Neb. 2024).
· cites it 2× “Upon such request and after giving the prosecutor and defend ant the opportunity to be heard, the court may defer the entry of a judgment of conviction and the imposition of a sentence and place the defendant on probation, upon con- ditions as the court may require under…”
State v. Roebuck, 976 N.W.2d 218 (Neb. Ct. App. 2022).
· cites it 3× “BACKGROUND On December 2, 2019, the State filed a criminal complaint against Roebuck in the county court for Lancaster County, alleging one count of third degree domestic assault in viola- tion of Neb. Rev. Stat. § 28-323 (1) and (4) (Reissue 2016).”
State v. Lintz, 298 Neb. 103 (Neb. 2017).
· cites it 2× “See Neb. Rev. Stat. § 28-323 (Reissue 2016). Lintz requested a jury trial.”
Scalist v. Davis, 312 Neb. 518 (Neb. 2022).
· cites it 7× “As such, when considering an appeal from the denial of an application for a handgun certificate, Nebraska courts should employ the circumstance-specific approach to the specified domestic relationship requirement, but employ the modified categorical approach to the “use of…”
— Neb. Rev. Stat. § 28-323(1) — 8 cases
State v. Bedford, 980 N.W.2d 451 (Neb. Ct. App. 2022).
“2020); counts 2 through 4, third degree domestic assault with a prior conviction, each a Class IIIA felony, in violation of Neb. Rev. Stat. § 28-323 (1) (Reissue 2016); and count 5, tampering with a witness, a Class IV felony, in violation of Neb.”
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).
“BACKGROUND On December 2, 2019, the State filed a criminal complaint against Roebuck in the county court for Lancaster County, alleging one count of third degree domestic assault in viola- tion of Neb. Rev. Stat. § 28-323 (1) and (4) (Reissue 2016).”
— Neb. Rev. Stat. § 28-323(1)(a) — 7 cases
State v. Bedford, 980 N.W.2d 451 (Neb. Ct. App. 2022).
“2020); counts 2 through 4, third degree domestic assault with a prior conviction, each a Class IIIA felony, in violation of Neb. Rev. Stat. § 28-323 (1) (Reissue 2016); and count 5, tampering with a witness, a Class IV felony, in violation of Neb.”
— Neb. Rev. Stat. § 28-323(1)(b) — 4 cases
State v. Bedford, 980 N.W.2d 451 (Neb. Ct. App. 2022).
“2020); counts 2 through 4, third degree domestic assault with a prior conviction, each a Class IIIA felony, in violation of Neb. Rev. Stat. § 28-323 (1) (Reissue 2016); and count 5, tampering with a witness, a Class IV felony, in violation of Neb.”
— 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).
“As such, when considering an appeal from the denial of an application for a handgun certificate, Nebraska courts should employ the circumstance-specific approach to the specified domestic relationship requirement, but employ the modified categorical approach to the “use of…”
Scalist v. Davis, 312 Neb. 518 (Neb. 2022).
“As such, when considering an appeal from the denial of an application for a handgun certificate, Nebraska courts should employ the circumstance-specific approach to the specified domestic relationship requirement, but employ the modified categorical approach to the “use of…”
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.