2009 Nebraska Code
Chapter 28 CRIMES AND PUNISHMENTS
28-930 Assault on an officer in the second degree; penalty.

28-930. Assault on an officer in the second degree; penalty.

(1) A person commits the offense of assault on an officer in the second degree if:

(a) He or she:

(i) Intentionally or knowingly causes bodily injury with a dangerous instrument:

(A) To a peace officer, a probation officer, or an employee of the Department of Correctional Services; or

(B) 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

(ii) Recklessly causes bodily injury with a dangerous instrument:

(A) To a peace officer, a probation officer, or an employee of the Department of Correctional Services; or

(B) 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; and

(b) The offense is committed while such officer or employee is engaged in the performance of his or her official duties.

(2) Assault on an officer in the second degree shall be a Class II felony.

Source

Laws 1982, LB 465, § 4;
Laws 2005, LB 538, § 2;
Laws 2009, LB63, § 8;
Laws 2010, LB771, § 5.
Effective Date: July 15, 2010

Cross References

Sex Offender Commitment Act, see section 71-1201.

Annotations In determining whether an off-duty officer working in a secondary employment capacity is performing official duties within the meaning of this section, one should examine the nature of the acts the officer is performing at the time of the incident as well as the circumstances surrounding those acts and the secondary employment. State v. Wilen, 4 Neb. App. 132, 539 N.W.2d 650 (1995).
There is no crime in this state for attempted reckless assault on a peace officer in the second degree. State v. Hemmer, 3 Neb. App. 769, 531 N.W.2d 559 (1995).