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

Neb. Rev. Stat. § 28-932 (2026)

Confined person; person in legal custody of Department of Correctional Services; dangerous sex offender; assault; penalty; sentence

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
Find cases: SyfertCases citing this section NE-LEGnebraskalegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

(1) Any person (a)(i) who is legally confined in a jail or an adult correctional or penal institution, (ii) who is otherwise in legal custody of the Department of Correctional Services, or (iii) who is committed as a dangerous sex offender under the Sex Offender Commitment Act and (b) who intentionally, knowingly, or recklessly causes bodily injury to another person shall be guilty of a Class IIIA felony, except that if a deadly or dangerous weapon is used to commit such assault, he or she shall be guilty of a Class IIA felony.

(2) Sentences imposed under subsection (1) of this section shall be consecutive to any sentence or sentences imposed for violations committed prior to the violation of subsection (1) of this section and shall not include any credit for time spent in custody prior to sentencing unless the time in custody is solely related to the offense for which the sentence is being imposed under this section.

Notes of Decisions
Cited in 20 cases (5 in the last 5 years), 1985–2026 · leading case: State v. Urbano, 589 N.W.2d 144 (Neb. 1999).
Sort: Relevance Newest Treatment
State v. Urbano, 589 N.W.2d 144 (Neb. 1999). · cites it 12× “In this direct appeal, Chamu Urbano, also known as Urbano Chamu, appeals his conviction and sentence for assault committed by a confined person, a violation of Neb. Rev. Stat. § 28-932 (Reissue 1995). We affirm Urbano’s conviction and the sentence imposed upon him, as modified.”
State v. Alford, 774 N.W.2d 394 (Neb. 2009). · cites it 10× “Neb. Rev. Stat. § 28-932 (2) (Reissue 2008) provides that a sentence for assault of a confined person "shall not include any credit for time spent in custody prior to sentencing unless the time in custody is solely related to the [assault charge].”
State v. Case, 937 N.W.2d 216 (Neb. 2020). · cites it 3× “Among those was Case’s objection to admission of a recording of a telephone call he had made shortly after the altercation and in which he made certain statements regarding the event.”
State v. Galvan, 941 N.W.2d 183 (Neb. 2020). · cites it 6× “Under the plain language of § 28-932(2), the district court was required by law to order the assault by a confined person sentence to run consecutive to the prior sentence.”
State v. McKay, 723 N.W.2d 644 (Neb. Ct. App. 2006). · cites it 8× “” On September 22, 2004, an information was filed charging McKay with assault by a confined person, a violation of Neb. Rev. Stat. § 28-932 (1) (Cum. Supp. 2004).”
State v. Ross, 374 N.W.2d 228 (Neb. 1985). · cites it 5× “After trial to a jury the defendant, Weldon Ross, was convicted of assault by a confined person, a felony under Neb. Rev. Stat. § 28-932 (Cum. Supp. 1984).”
State v. Knight, 973 N.W.2d 356 (Neb. 2022). · cites it 3× “It does not suggest that the court may deny good time to the offender. (b) Revocation Statute The Nebraska Probation Administration Act (the act) 17 governs Knight’s violation of his post-release supervision.”
State v. Auman, 440 N.W.2d 254 (Neb. 1989). · cites it 4× “Auman was prosecuted under Neb. Rev. Stat. § 28-932 (1) (Reissue 1985), the relevant part of which provides: “Any person who is legally confined in a jail .”
State v. Dat, 15 N.W.3d 410 (Neb. 2025). · cites it 9× “- 314 - Nebraska Supreme Court Advance Sheets 318 Nebraska Reports STATE V.”
State v. Washington, 442 N.W.2d 395 (Neb. 1989). · cites it 2× “2d 254 (1989), which interpreted similar language in Neb.Rev.Stat. § 28-932 (Reissue 1985). Washington claims there was insufficient evidence to convict him.”
United States v. Donald Anthony, 710 F. App'x 280 (8th Cir. 2018). · cites it 2× “” Neb. Rev. Stat. § 28-932 (1). Anthony argues that because the statute encompasses force applied recklessly, it cannot constitute a crime of violence.”
State v. Liech, 30 N.W.3d 847 (Neb. 2026). · cites it 6× “The defense called Liech and another inmate, Michael Brown, to testify.”
Show all 20 citing cases →
Neb. Rev. Stat. § 28-932(1): 7 cases
State v. McKay, 723 N.W.2d 644 (Neb. Ct. App. 2006). “” On September 22, 2004, an information was filed charging McKay with assault by a confined person, a violation of Neb. Rev. Stat. § 28-932 (1) (Cum. Supp. 2004).”
State v. Case, 937 N.W.2d 216 (Neb. 2020). “Among those was Case’s objection to admission of a recording of a telephone call he had made shortly after the altercation and in which he made certain statements regarding the event.”
State v. Alford, 774 N.W.2d 394 (Neb. 2009). “Neb. Rev. Stat. § 28-932 (2) (Reissue 2008) provides that a sentence for assault of a confined person "shall not include any credit for time spent in custody prior to sentencing unless the time in custody is solely related to the [assault charge].”
State v. Dat, 15 N.W.3d 410 (Neb. 2025). “- 314 - Nebraska Supreme Court Advance Sheets 318 Nebraska Reports STATE V.”
State v. Case, 304 Neb. 829 (Neb. 2020).
Neb. Rev. Stat. § 28-932(1)(a)(i): 1 case
State v. Dat, 15 N.W.3d 410 (Neb. 2025). “- 314 - Nebraska Supreme Court Advance Sheets 318 Nebraska Reports STATE V.”
Neb. Rev. Stat. § 28-932(1)(b): 1 case
State v. Dat, 15 N.W.3d 410 (Neb. 2025). “- 314 - Nebraska Supreme Court Advance Sheets 318 Nebraska Reports STATE V.”
Neb. Rev. Stat. § 28-932(2): 5 cases
State v. Alford, 774 N.W.2d 394 (Neb. 2009). “Neb. Rev. Stat. § 28-932 (2) (Reissue 2008) provides that a sentence for assault of a confined person "shall not include any credit for time spent in custody prior to sentencing unless the time in custody is solely related to the [assault charge].”
State v. Galvan, 941 N.W.2d 183 (Neb. 2020). “Under the plain language of § 28-932(2), the district court was required by law to order the assault by a confined person sentence to run consecutive to the prior sentence.”
State v. Ross, 374 N.W.2d 228 (Neb. 1985). “After trial to a jury the defendant, Weldon Ross, was convicted of assault by a confined person, a felony under Neb. Rev. Stat. § 28-932 (Cum. Supp. 1984).”
State v. Knight, 973 N.W.2d 356 (Neb. 2022). “It does not suggest that the court may deny good time to the offender. (b) Revocation Statute The Nebraska Probation Administration Act (the act) 17 governs Knight’s violation of his post-release supervision.”
State v. Dat, 15 N.W.3d 410 (Neb. 2025). “- 314 - Nebraska Supreme Court Advance Sheets 318 Nebraska Reports STATE V.”
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.