(1) A person commits the offense of assault on an officer, an emergency responder, a state correctional employee, a Department of Health and Human Services employee, or a health care professional in the second degree if:
(a) He or she:
(i) Intentionally or knowingly causes bodily injury with a dangerous instrument:
(A) To a peace officer, a probation officer, a firefighter, an emergency care provider, or an employee of the Department of Correctional Services;
(B) To an employee of the Department of Health and Human Services if the person committing the offense is committed as a dangerous sex offender under the Sex Offender Commitment Act; or
(C) To a health care professional; or
(ii) Recklessly causes bodily injury with a dangerous instrument:
(A) To a peace officer, a probation officer, a firefighter, an emergency care provider, or an employee of the Department of Correctional Services;
(B) To an employee of the Department of Health and Human Services if the person committing the offense is committed as a dangerous sex offender under the Sex Offender Commitment Act; or
(C) To a health care professional; and
(b) The offense is committed while such officer, firefighter, emergency care provider, or employee is engaged in the performance of his or her official duties or while the health care professional is on duty at a hospital or a health clinic.
(2) Assault on an officer, an emergency responder, a state correctional employee, a Department of Health and Human Services employee, or a health care professional in the second degree shall be a Class II felony.
Notes of Decisions
Cited in
14
cases (
4 in the last 5 years), 1981–2025 · leading case:
State v. Wilen, 539 N.W.2d 650 (Neb. Ct. App. 1995).
State v. Wilen, 539 N.W.2d 650 (Neb. Ct. App. 1995).
· cites it 15× “See Neb. Rev. Stat. § 28-930 (Reissue 1989). After the State presented its case against Wilen to the jury, the trial court sustained Wilen’s motion for directed verdict and dismissed the charges against Wilen for lack of evidence.”
State v. Taylor, 634 N.W.2d 744 (Neb. 2001).
· cites it 3× “FACTUAL BACKGROUND On December 23,1998, Taylor was charged pursuant to Neb. Rev. Stat. § 28-930 (Reissue11995) with one count of second degree assault upon Joseph Manley, an employee of DCS.”
State v. Brennauer, 314 Neb. 782 (Neb. 2023).
· cites it 2× “ASSIGNMENTS OF ERROR Brennauer assigns the district court erred by (1) overrul- ing Brennauer’s motion to suppress and admitting statements 2 See Neb.”
State v. Hemmer, 531 N.W.2d 559 (Neb. Ct. App. 1995).
· cites it 9× “See Neb. Rev. Stat. §§ 28-930 (1)(b) and 28-201 (Reissue 1989).”
State v. Tillman, 511 N.W.2d 128 (Neb. Ct. App. 1993).
· cites it 3× “INTRODUCTION This appeal arises from the appellant’s multiple convictions for second degree assault on an officer and use of a deadly weapon to commit a felony, pursuant to Neb. Rev. Stat. §§ 28-930 and 28-1205 (Reissue 1989), and a single conviction for *586 terroristic…”
State v. Brennauer, 314 Neb. 782 (Neb. 2023).
· cites it 2× “ASSIGNMENTS OF ERROR Brennauer assigns the district court erred by (1) overrul- ing Brennauer’s motion to suppress and admitting statements 2 See Neb.”
State v. Parmer, 313 N.W.2d 237 (Neb. 1981).
“In 1951 the debauchery statute was amended to read: “Whoever shall debauch the person or deprave the morals of any boy or girl under the age of twenty-one years, (1) either by lewdly inducing such boy carnally to know any female person, or lewdly inducing such girl carnally to…”
State v. Taylor (Neb. Ct. App. 2020).
· cites it 3× “BACKGROUND On March 12, 2018, Taylor was charged in the county court with four felony counts arising out of an incident that occurred on March 8: -1- (1) Second degree assault on an officer, emergency responder, or healthcare professional in violation of Neb. Rev. Stat. § 28-930…”
State v. Weller (Neb. Ct. App. 2020).
· cites it 3× “Weller was convicted of second degree assault on a peace officer under count I in violation of Neb. Rev. Stat. § 28-930 (1) (Reissue 2016), which is a Class II felony pursuant to § 28-930(2).”
State v. Simmons (Neb. Ct. App. 2015).
· cites it 4× “ASSIGNMENTS OF ERROR Simmons asserts that the department intentionally disposed of relevant evidence and that the district court erred by admitting evidence produced by the department. Simmons also asserts the district court erred in finding that the pepper spray allegedly used…”
State v. Burghardt (Neb. Ct. App. 2021).
· cites it 2× “091, the State filed an information on March 27, 2019, charging Burghardt with: count 1, burglary, a Class IIA felony, pursuant to § 28-507; count 2, “Theft by Receiving $5000 or More,” a Class IIA felony, pursuant to §§ 28-517 and 28-518(1); count 3, “Attempted Assault on an…”
State v. Kafka (Neb. Ct. App. 2025).
· cites it 2× “See, Neb. Rev. Stat. § 28-930 (Cum. Supp. 2024); Neb.”
— Neb. Rev. Stat. § 28-930(1) — 1 case
State v. Simmons (Neb. Ct. App. 2015).
“ASSIGNMENTS OF ERROR Simmons asserts that the department intentionally disposed of relevant evidence and that the district court erred by admitting evidence produced by the department. Simmons also asserts the district court erred in finding that the pepper spray allegedly used…”
— Neb. Rev. Stat. § 28-930(1)(a) — 1 case
State v. Hemmer, 531 N.W.2d 559 (Neb. Ct. App. 1995).
“See Neb. Rev. Stat. §§ 28-930 (1)(b) and 28-201 (Reissue 1989).”
— Neb. Rev. Stat. § 28-930(1)(b) — 1 case
State v. Hemmer, 531 N.W.2d 559 (Neb. Ct. App. 1995).
“See Neb. Rev. Stat. §§ 28-930 (1)(b) and 28-201 (Reissue 1989).”
— Neb. Rev. Stat. § 28-930(2) — 2 cases
State v. Weller (Neb. Ct. App. 2020).
“Weller was convicted of second degree assault on a peace officer under count I in violation of Neb. Rev. Stat. § 28-930 (1) (Reissue 2016), which is a Class II felony pursuant to § 28-930(2).”
— Neb. Rev. Stat. § 28-930(l)(a) — 1 case
State v. Tillman, 511 N.W.2d 128 (Neb. Ct. App. 1993).
“INTRODUCTION This appeal arises from the appellant’s multiple convictions for second degree assault on an officer and use of a deadly weapon to commit a felony, pursuant to Neb. Rev. Stat. §§ 28-930 and 28-1205 (Reissue 1989), and a single conviction for *586 terroristic…”
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