28-323 Domestic assault; penalties. - Nebraska Statutes

28-323. Domestic assault;penalties.(1) A person commits the offense ofdomestic assault in the third degree if he or she:(a) Intentionally and knowingly causes bodily injury to hisor her intimate partner;(b) Threatensan intimate partner with imminentbodily injury; or(c) Threatensan intimate partner in a menacing manner.(2)A person commits the offense of domestic assault in the second degree if heor she intentionally and knowingly causes bodily injury to his or her intimatepartner with a dangerous instrument.(3) A person commits the offense of domestic assault in thefirst degree if he or she intentionally and knowingly causes serious bodilyinjury to his or her intimate partner.(4) Violation of subdivision(1)(a) or (b) of this section is a Class I misdemeanor, exceptthat for any subsequentviolation of subdivision (1)(a) or (b) of this section, any personso offending is guilty of a Class IV felony.(5) Violationof subdivision (1)(c) of this section is a Class I misdemeanor.(6) Violation of subsection(2) of this section is a Class IIIA felony, except that for any second orsubsequent violation of such subsection, any person so offending is guiltyof a Class III felony.(7) Violation of subsection(3) of this section is a Class III felony, except that for any second or subsequentviolation under such subsection, any person so offending is guiltyof a Class II felony.(8) For purposes of this section,intimate partner means a spouse; a former spouse; persons who have a childin 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 purposesof this subsection, dating relationship means frequent, intimate associationsprimarily characterized by the expectation of affectional or sexual involvement,but does not include a casual relationship or an ordinary association betweenpersons in a business or social context. SourceLaws 2004, LB 613, § 5; Laws 2010, LB507, § 2.Operative Date: July 15, 2010