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

✓ current as of July 2026
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(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).
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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, 304 Neb. 829 (Neb. 2020). · cites it 3× “As a result of the altercation, the State charged Case with a Class IIIA felony, assault by a confined person, in violation of Neb. Rev. Stat. § 28-932 (Reissue 2016). On the first day of trial, the court considered certain pretrial motions.”
State v. Galvan, 305 Neb. 513 (Neb. 2020). · cites it 6× “.” The use of the word “shall” in § 28-932(2) mandates consecutive sentencing.”
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. Dat, 318 Neb. 311 (Neb. 2025). · cites it 9× “2 Dat also assigns 1 See Neb. Rev. Stat. § 28-932 (Reissue 2016). 2 See Neb.”
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× “11 See Neb. Rev. Stat. § 28-932 (Reissue 2016). 12 See § 28-932(2).”
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. 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, 320 Neb. 843 (Neb. 2026). · cites it 6× “Liech was charged with assault by a confined person, in violation of Neb. Rev. Stat. § 28-932 (Reissue 2016). He pled not guilty, and a 2-day jury trial was conducted in the district court for Lancaster County.”
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, 304 Neb. 829 (Neb. 2020). “As a result of the altercation, the State charged Case with a Class IIIA felony, assault by a confined person, in violation of Neb. Rev. Stat. § 28-932 (Reissue 2016). On the first day of trial, the court considered certain pretrial motions.”
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, 318 Neb. 311 (Neb. 2025). “2 Dat also assigns 1 See Neb. Rev. Stat. § 28-932 (Reissue 2016). 2 See Neb.”
State v. Jenkins, 28 Neb. Ct. App. 931 (Neb. Ct. App. 2020).
— Neb. Rev. Stat. § 28-932(1)(a)(i) — 1 case
State v. Dat, 318 Neb. 311 (Neb. 2025). “2 Dat also assigns 1 See Neb. Rev. Stat. § 28-932 (Reissue 2016). 2 See Neb.”
— Neb. Rev. Stat. § 28-932(1)(b) — 1 case
State v. Dat, 318 Neb. 311 (Neb. 2025). “2 Dat also assigns 1 See Neb. Rev. Stat. § 28-932 (Reissue 2016). 2 See Neb.”
— 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, 305 Neb. 513 (Neb. 2020). “.” The use of the word “shall” in § 28-932(2) mandates consecutive sentencing.”
State v. Dat, 318 Neb. 311 (Neb. 2025). “2 Dat also assigns 1 See Neb. Rev. Stat. § 28-932 (Reissue 2016). 2 See Neb.”
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). “11 See Neb. Rev. Stat. § 28-932 (Reissue 2016). 12 See § 28-932(2).”
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