28-932 Confined person; person in legal custody of Department of Correctional Services; dangerous sex offender; assault; penalty; sentence. - Nebraska Statutes

28-932. Confined person; person in legal custody of Departmentof Correctional Services; dangerous sex offender; assault; penalty;sentence.(1) Any person (a)(i) who is legally confined in a jail or an adult correctional or penalinstitution, (ii) who is otherwisein legal custody of the Department of Correctional Services, or (iii) whois committed as a dangerous sex offender under the Sex Offender CommitmentAct and (b) who intentionally,knowingly, or recklessly causes bodily injury to another person shall be guiltyof a Class IIIA felony, except that if a deadly or dangerous weapon is usedto commit such assault he or she shall be guilty of a Class III felony.(2) Sentences imposed under subsection (1) of this sectionshall be consecutive to any sentence or sentences imposed for violations committedprior to the violation of subsection (1) of this section and shall not includeany credit for time spent in custody prior to sentencing unless the time incustody is solely related to the offense for which the sentence is being imposedunder this section. SourceLaws 1982, LB 465, § 6; Laws 1997, LB 364, § 13; Laws 2010, LB771, § 8.Effective Date: July 15, 2010 Cross ReferencesSex Offender Commitment Act, see section 71-1201. AnnotationsBefore there can be a violation of this section, a bodily injury must occur to another person that is proximately caused by an intentional, knowing, or reckless overt act of a legally confined person or the legally confined person's accomplice. State v. Auman, 232 Neb. 341, 440 N.W.2d 254 (1989).This section primarily prohibits a lawfully confined person from injuring another person by intentionally, knowingly, or recklessly committing a battery upon the other person. State v. Auman, 232 Neb. 341, 440 N.W.2d 254 (1989).