28-115. Criminal offense against a pregnant woman; enhanced penalty.
(1) Except as provided in subsection (2) of this section, any person who commits any of the following criminal offenses against a pregnant woman shall be punished by the imposition of the next higher penalty classification than the penalty classification prescribed for the criminal offense:
(a) Assault in the first degree, section 28-308;
(b) Assault in the second degree, section 28-309;
(c) Assault in the third degree, section 28-310;
(d) Assault by strangulation or suffocation, section 28-310.01;
(e) Sexual assault in the first degree, section 28-319;
(f) Sexual assault in the second or third degree, section 28-320;
(g) Sexual assault of a child in the first degree, section 28-319.01;
(h) Sexual assault of a child in the second or third degree, section 28-320.01;
(i) Sexual abuse of an inmate or parolee in the first degree, section 28-322.02;
(j) Sexual abuse of an inmate or parolee in the second degree, section 28-322.03;
(k) Sexual abuse of a protected individual in the first or second degree, section 28-322.04;
(l) Sexual abuse of a detainee under section 28-322.05;
(m) Domestic assault in the first, second, or third degree, section 28-323;
(n) Assault on an officer, an emergency responder, a state correctional employee, a Department of Health and Human Services employee, or a health care professional in the first degree, section 28-929;
(o) Assault on an officer, an emergency responder, a state correctional employee, a Department of Health and Human Services employee, or a health care professional in the second degree, section 28-930;
(p) Assault on an officer, an emergency responder, a state correctional employee, a Department of Health and Human Services employee, or a health care professional in the third degree, section 28-931;
(q) Assault on an officer, an emergency responder, a state correctional employee, a Department of Health and Human Services employee, or a health care professional using a motor vehicle, section 28-931.01;
(r) Assault by a confined person, section 28-932;
(s) Confined person committing offenses against another person, section 28-933; and
(t) Proximately causing serious bodily injury while operating a motor vehicle, section 60-6,198.
(2) The enhancement in subsection (1) of this section does not apply to any criminal offense listed in subsection (1) of this section that is already punishable as a Class I, IA, or IB felony. If any criminal offense listed in subsection (1) of this section is punishable as a Class I misdemeanor, the penalty under this section is a Class IIIA felony.
(3) The prosecution shall allege and prove beyond a reasonable doubt that the victim was pregnant at the time of the offense.
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