28-115 Criminal offense against a pregnant woman; enhanced penalty.
28-115. Criminal offenseagainst a pregnant woman; enhanced penalty.(1)Any person who commits any of the following criminal offenses against a pregnantwoman shall be punished by the imposition of the next higher penalty classificationthan the penalty classification prescribed for the criminal offense, unlesssuch criminal offense is already punishable as a Class IB felony or higherclassification: Assault in the first degree, section 28-308; assault in thesecond degree, section 28-309; assault in the third degree, section 28-310;sexual assault in the first degree, section 28-319; sexual assault in thesecond or third degree, section 28-320; sexual assault of a child in the secondor third degree, section 28-320.01; sexual abuse of an inmate or parolee inthe first degree, section 28-322.01; sexual abuse of an inmate or paroleein the second degree, section 28-322.03; sexual abuse of a protected individualin the first or second degree, section 28-322.04; domestic assault in thefirst, second, or third degree, section 28-323; assault on an officer in thefirst degree, section 28-929; assault on an officer in the second degree,section 28-930; assault on an officer in the third degree, section 28-931;assault on an officer using a motor vehicle, section 28-931.01; assault bya confined person, section 28-932;confined person committing offenses against another person, section 28-933;proximately causing serious bodily injury while operating a motor vehicle,section 60-6,198; and sexual assault of a child in the first degree, section 28-319.01.(2) The prosecution shall allege and prove beyond a reasonabledoubt that the victim was pregnant at the time of the offense. SourceLaws 2006, LB 57, § 9; Laws 2010, LB771, § 1.Effective Date: July 15, 2010