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Nebraska Revised Statutes Chapter 28. Crimes and Punishments § 28-310.01. Assault by strangulation or suffocation; penalty; affirmative defense

Current as of January 01, 2024 | Updated by FindLaw Staff

(1) A person commits the offense of assault by strangulation or suffocation if the person knowingly and intentionally:

(a) Impedes the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck of the other person; or

(b) Impedes the normal breathing of another person by covering the mouth and nose of the person.

(2) An offense is committed under this section regardless of whether a visible injury resulted.

(3) Except as provided in subsection (4) of this section, a violation of this section is a Class IIIA felony.

(4) A violation of this section is a Class IIA felony if:

(a) The person used or attempted to use a dangerous instrument while committing the offense;

(b) The person caused serious bodily injury to the other person while committing the offense; or

(c) The person has been previously convicted of a violation of this section.

(5) It is an affirmative defense that an act constituting strangulation or suffocation was the result of a legitimate medical procedure.

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Cite this article: FindLaw.com - Nebraska Revised Statutes Chapter 28. Crimes and Punishments § 28-310.01. Assault by strangulation or suffocation; penalty; affirmative defense - last updated January 01, 2024 | https://codes.findlaw.com/ne/chapter-28-crimes-and-punishments/ne-rev-st-sect-28-310-01/

Read this complete Nebraska Revised Statutes Chapter 28. Crimes and Punishments § 28-310.01. Assault by strangulation or suffocation; penalty; affirmative defense on Westlaw. Westlaw subscription required.

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