(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 third degree if:
(a) He or she intentionally, knowingly, or recklessly causes bodily injury:
(i) To a peace officer, a probation officer, a firefighter, an emergency care provider, or an employee of the Department of Correctional Services;
(ii) 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
(iii) 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 third degree shall be a Class IIIA felony.
Notes of Decisions
Cited in
44
cases (
6 in the last 5 years), 1986–2026 · leading case:
State v. Taylor, 634 N.W.2d 744 (Neb. 2001).
State v. Taylor, 634 N.W.2d 744 (Neb. 2001).
· cites it 14× “INTRODUCTION On July 27, 2000, Joseph Taylor, an inmate at the Department of Correctional Services (DCS), was found guilty by a jury of third degree assault pursuant to Neb. Rev. Stat. § 28-931 (Reissue 1995) (assault upon “a peace officer or employee of the Department of…”
State v. Bigelow, 303 Neb. 729 (Neb. 2019).
· cites it 2× “Bigelow was arrested, and the State charged him with third degree assault on an officer in violation of Neb. Rev. Stat. § 28-931 (Reissue 2016). The State later amended the information to allege that Bigelow was a habitual criminal.”
State v. Cebuhar, 567 N.W.2d 129 (Neb. 1997).
· cites it 8× “Cebuhar, guilty of third degree assault on a peace officer ( Neb. Rev. Stat. § 28-931 (Reissue 1995)), first degree criminal trespass ( Neb.”
State v. Campbell, 620 N.W.2d 750 (Neb. 2001).
· cites it 2× “Campbell was charged with third degree assault on a police officer under Neb. Rev. Stat. § 28-931 (Cum. Supp. 2000); second degree trespass under Neb.”
State v. Melton, 477 N.W.2d 154 (Neb. 1991).
· cites it 4× “Unconvinced that the evidence supports the jury’s finding that he is guilty of violating Neb. Rev. Stat. § 28-931 (1) (Reissue 1989), assault on a peace officer in the third degree, Donald Melton appeals that conviction.”
State v. Green, 471 N.W.2d 402 (Neb. 1991).
· cites it 3× “” Neb. Rev. Stat. § 28-931 (Reissue 1989). “Bodily injury” to a peace officer is defined as “physical pain, illness, or any impairment of physical condition.”
State v. Chapman, 451 N.W.2d 263 (Neb. 1990).
· cites it 3× “The defendant was sentenced to an indeterminate prison term of 20 months to 5 years for violating Neb. Rev. Stat. § 28-931 (1) (Reissue 1989).”
State v. Start, 477 N.W.2d 20 (Neb. 1991).
· cites it 2× “§ 28-905 (Reissue 1989); assault on an officer in the third degree, in violation of Neb. Rev. Stat. § 28-931 (Reissue 1989); and attempted assault on an officer in the second degree, in violation of Neb.”
State v. Yeutter, 566 N.W.2d 387 (Neb. 1997).
· cites it 2× “Yeutter was convicted by a jury of third degree assault on an officer, Neb. Rev. Stat. § 28-931 (Reissue 1995); obstructing a peace officer, Neb.”
State v. Donhauser, 435 N.W.2d 186 (Neb. 1989).
· cites it 4× “Assault on an officer in the third degree, obstructing a peace officer, and resisting arrest are defined by Neb. Rev. Stat. §§ 28-931 ,28-906, and 28-904 (Reissue 1985), respectively.”
State v. Foster, 476 N.W.2d 923 (Neb. 1991).
· cites it 2× “13,819, he was adjudged guilty of third degree assault on an officer, in violation of Neb. Rev. Stat. § 28-931 (Reissue 1989), a Class IV felony punishable by imprisonment for up to 5 years, Neb.”
Thompson Awnings v. Joshua Fullerton, 912 F.3d 1089 (8th Cir. 2019).
“These charges included assault on an officer in the third degree, in violation of Neb. Rev. Stat. § 28-931 , assault in the third degree, in violation of Neb.”
— Neb. Rev. Stat. § 28-931(1) — 2 cases
State v. Chapman, 451 N.W.2d 263 (Neb. 1990).
“The defendant was sentenced to an indeterminate prison term of 20 months to 5 years for violating Neb. Rev. Stat. § 28-931 (1) (Reissue 1989).”
— Neb. Rev. Stat. § 28-931(2) — 2 cases
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.