Nebraska § 28-310.01 - Assault by strangulation or suffocation; penalty; affirmative defense.
Full text of Nebraska Revised Statutes of Nebraska § 28-310.01 — Assault by strangulation or suffocation; penalty; affirmative defense., with citation guidance and answers to common questions.
§ 28-310.01. Assault by strangulation or suffocation; penalty; affirmative defense.
(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:
(i) Of a violation of this section; or
(ii) In any other state or federal court of a criminal offense with essentially the same elements as 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.
Source: official Nebraska text · Last verified 2026-08-27
Frequently Asked Questions About Nebraska § 28-310.01
What does Revised Statutes of Nebraska § 28-310.01 cover?
Section 28-310.01 ("Assault by strangulation or suffocation; penalty; affirmative defense.") is part of the Revised Statutes of Nebraska, the codified statutory law of Nebraska. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Nebraska § 28-310.01?
A common citation format is "Revised Statutes of Nebraska § 28-310.01" (Nebraska). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Nebraska law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Nebraska official source linked on this page or consult a licensed Nebraska attorney.
How does Nebraska § 28-310.01 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Nebraska can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Nebraska.