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--- version:Introduced+++ version:(document, no version)@@ -1,128 +1,5 @@-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-LB818-2026-LB818-2026--1--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-LB818-2026-LB818-2026--2--(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-LB818-2026-LB818-2026--3--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-LB818-2026-LB818-2026--4-+ADMINISTRATIVE SERVICES STATE BUDGET DIVISION: REVIEW OF AGENCY & POLT. SUB. RESPONSE+LB: 818 AM: AGENCY/POLT. SUB: Nebraska Department of Correctional Services+REVIEWED BY: Ashley Dempsey DATE: 1/16/26 PHONE: (402) 326-2182+COMMENTS: Concur with the Nebraska Department of Correctional Services’ estimate of indeterminable fiscal impact+as a result of LB 818.
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