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28-311.04 Stalking; violations; penalties.

28-311.04. Stalking; violations; penalties.(1) Except as provided in subsection (2) of this section, any person convicted of violating section 28-311.03 is guilty of a Class I misdemeanor.(2) Any person convicted of violating section 28-311.03 is guilty of a Class IV felony if:(a) The person has a prior conviction under such section or a substantially conforming criminal violation within the last seven years; (b) The victim is under sixteen years of age;(c) The person possessed a deadly weapon at any time during the violation;(d) The person was also in violation of section 28-311.09, 42-924, or 42-925 at any time during the violation; or(e) The person has been convicted of any felony in this state or has been convicted of a crime in another jurisdiction which, if committed in this state, would constitute a felony and the victim or a family or household member of the victim was also the victim of such previous felony. SourceLaws 1992, LB 1098, § 3; Laws 1993, LB 299, § 3; Laws 2006, LB 1113, § 23.

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