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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 818
Introduced by Storer, 43; Bosn, 25; Lonowski, 33; Sanders, 45.
Read first time January 07, 2026
Committee: Judiciary
A BILL FOR AN ACT relating to crimes and offenses; to amend section1
28-323, Reissue Revised Statutes of Nebraska, and section 28-310.01,2
Revised Statutes Cumulative Supplement, 2024; to change certain3
elements of the offense of domestic assault; to change penalties for4
such offense and the offense of assault by strangulation or5
suffocation; and to repeal the original sections.6
Be it enacted by the people of the State of Nebraska,7
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Section 1. Section 28-310.01, Revised Statutes Cumulative1
Supplement, 2024, is amended to read: 2
28-310.01 (1) A person commits the offense of assault by3
strangulation or suffocation if the person knowingly and intentionally:4
(a) Impedes the normal breathing or circulation of the blood of5
another person by applying pressure on the throat or neck of the other6
person; or 7
(b) Impedes the normal breathing of another person by covering the8
mouth and nose of the person. 9
(2) An offense is committed under this section regardless of whether10
a visible injury resulted. 11
(3) Except as provided in subsection (4) of this section, a12
violation of this section is a Class IIIA felony. 13
(4) A violation of this section is a Class IIA felony if:14
(a) The person used or attempted to use a dangerous instrument while15
committing the offense; 16
(b) The person caused serious bodily injury to the other person17
while committing the offense; or 18
(c) The person has been previously convicted:19
(i) Of of a violation of this section; or . 20
(ii) In any other state or federal court of a criminal offense with21
essentially the same elements as a violation of this section.22
(5) It is an affirmative defense that an act constituting23
strangulation or suffocation was the result of a legitimate medical24
procedure. 25
Sec. 2. Section 28-323, Reissue Revised Statutes of Nebraska, is26
amended to read: 27
28-323 (1) A person commits the offense of domestic assault in the28
third degree if he or she: 29
(a) Intentionally, and knowingly, or recklessly causes bodily injury30
to his or her intimate partner; or 31
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(b) Threatens an intimate partner with imminent bodily injury. ; or1
(c) Threatens an intimate partner in a menacing manner.2
(2) A person commits the offense of domestic assault in the second3
degree if he or she: 4
(a) Intentionally intentionally and knowingly causes bodily injury5
to his or her intimate partner with a dangerous instrument; or .6
(b) Recklessly causes serious bodily injury to his or her intimate7
partner with a dangerous instrument. 8
(3) A person commits the offense of domestic assault in the first9
degree if he or she intentionally and knowingly causes serious bodily10
injury to his or her intimate partner. 11
(4) A violation of subsection (1) of this section is a Class I12
misdemeanor, except that such violation shall be punished as a:13
(a) Class IIIA felony if the person has one previous conviction for14
a violation of subsection (1), (2), or (3) of this section or a15
substantially equivalent offense; or 16
(b) Class IIA felony if the person has previously been convicted two17
or more times for any violation of subsection (1), (2), or (3) of this18
section or any substantially equivalent offense. 19
(5) A violation of subsection (2) of this section is a Class IIA20
felony, except that such violation shall be punished as a Class II felony21
if such person has one or more previous convictions for a violation of22
subsection (2) or (3) of this section or a substantially equivalent23
offense. 24
(6) A violation of subsection (3) of this section is a Class ID25
felony, except that such violation shall be punished as a Class IB felony26
with a mandatory minimum sentence of fifteen years' imprisonment if such27
person has one or more previous convictions for a violation of subsection28
(3) of this section or a substantially equivalent offense.29
(4) Violation of subdivision (1)(a) or (b) of this section is a30
Class I misdemeanor, except that for any subsequent violation of31
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subdivision (1)(a) or (b) of this section, any person so offending is1
guilty of a Class IIIA felony. 2
(5) Violation of subdivision (1)(c) of this section is a Class I3
misdemeanor. 4
(6) Violation of subsection (2) of this section is a Class IIIA5
felony, except that for any second or subsequent violation of such6
subsection, any person so offending is guilty of a Class IIA felony.7
(7) Violation of subsection (3) of this section is a Class IIA8
felony, except that for any second or subsequent violation under such9
subsection, any person so offending is guilty of a Class II felony.10
(7) (8) For purposes of this section: , 11
(a) Dating relationship means frequent, intimate associations12
primarily characterized by the expectation of affectional or sexual13
involvement, but does not include a casual relationship or an ordinary14
association between persons in a business or social context;15
(b) Intimate intimate partner means a spouse; a former spouse;16
persons who have a child in common whether or not they have been married17
or lived together at any time; and persons who are or were involved in a18
dating relationship ; and . For purposes of this subsection, dating19
relationship means frequent, intimate associations primarily20
characterized by the expectation of affectional or sexual involvement,21
but does not include a casual relationship or an ordinary association22
between persons in a business or social context. 23
(c) Substantially equivalent offense means a violation of law that:24
(i) Is a criminal offense under federal law or the law of another25
state; and 26
(ii) Has essentially the same elements as the violation of this27
section to which it is being compared. 28
Sec. 3. Original section 28-323, Reissue Revised Statutes of29
Nebraska, and section 28-310.01, Revised Statutes Cumulative Supplement,30
2024, are repealed. 31
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