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

28-930. Assault on anofficer in the second degree; penalty.(1) A personcommits the offense of assault on an officer in the second degree if:(a) He or she:(i) Intentionally or knowinglycauses bodily injury with a dangerous instrument:(A) To a peace officer, aprobation officer, or an employee of the Department of Correctional Services; or(B) To an employee of the Department ofHealth and Human Services if the person committing the offense is committedas a dangerous sex offender under the Sex Offender Commitment Act; or(ii) Recklessly causes bodilyinjury with a dangerous instrument:(A) To a peace officer, aprobation officer, or an employee of the Department of Correctional Services; or(B) To an employee of the Department ofHealth and Human Services if the person committing the offense is committedas a dangerous sex offender under the Sex Offender Commitment Act; and(b) The offense is committed whilesuch officer or employee is engaged in the performance of his or her officialduties.(2) Assault on an officer in the second degree shall be aClass II felony. SourceLaws 1982, LB 465, § 4; Laws 2005, LB 538, § 2; Laws 2009, LB63, § 8; Laws 2010, LB771, § 5.Effective Date: July 15, 2010 Cross ReferencesSex Offender Commitment Act, see section 71-1201. AnnotationsIn 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).