2006 Nebraska Revised Statutes - § 28-323 — Domestic assault; penalties.

Section 28-323
Domestic assault; penalties.

(1) A person commits the offense of domestic assault in the third degree if he or she:

(a) Intentionally and knowingly causes bodily injury to his or her intimate partner; or

(b) Places, by physical menace, his or her intimate partner in fear of imminent bodily injury.

(2) A person commits the offense of domestic assault in the second degree if he or she intentionally and knowingly causes bodily injury to his or her intimate partner with a dangerous instrument.

(3) A person commits the offense of domestic assault in the first degree if he or she intentionally and knowingly causes serious bodily injury to his or her intimate partner.

(4) Violation of subsection (1) of this section is a Class I misdemeanor, except that for any second or subsequent violation of such subsection within twelve years after the date of the current conviction, any person so offending against the same intimate partner is guilty of a Class IV felony.

(5) Violation of subsection (2) of this section is a Class IIIA felony, except that for any second or subsequent violation of such subsection within twelve years after the date of the current conviction, any person so offending against the same intimate partner is guilty of a Class III felony.

(6) Violation of subsection (3) of this section is a Class III felony, except that for any second or subsequent violation under such subsection within twelve years after the date of the current conviction, any person so offending against the same intimate partner is guilty of a Class II felony.

(7) For purposes of this section, intimate partner means a spouse; a former spouse; persons who have a child in common whether or not they have been married or lived together at any time; and persons who are or were involved in a dating relationship. For purposes of this subsection, dating relationship means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement, but does not include a casual relationship or an ordinary association between persons in a business or social context.


Source:
    Laws 2004, LB 613, § 5



~Revised Statutes Cumulative Supplement, 2006
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