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

Neb. Rev. Stat. § 28-392 (2026)

Murder of an unborn child in the second degree; penalty

✓ current as of July 2026
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(1) A person commits murder of an unborn child in the second degree if he or she, in committing an act or engaging in conduct that causes the death of an unborn child, intends, but without premeditation, to kill the unborn child or another.

(2) Murder of an unborn child in the second degree is a Class IB felony.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2016–2023 · leading case: State v. Moss (Neb. Ct. App. 2016).
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State v. Moss (Neb. Ct. App. 2016). · cites it 17× “He raised several issues on appeal, which included challenging the constitutionality of Neb Rev. Stat. § 28-392 (Reissue 2008), the fetal homicide statute, and an allegation that the trial court erred in overruling his motion for new trial based on prosecutorial misconduct.”
Moss v. Jefferys (D. Neb. 2023). · cites it 2× “Moss asserted that he was denied the effective assistance of counsel due to counsel’s failure to preserve for appeal Moss’ constitutional challenge to Neb. Rev. Stat. § 28-392 (murder of an unborn child in the second degree).”
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