(1) Except as provided in subsection (2) of this section, any person who commits any of the following criminal offenses against a pregnant woman shall be punished by the imposition of the next higher penalty classification than the penalty classification prescribed for the criminal offense: (a) Assault in the first degree, section 28-308; (b) Assault in the second degree, section 28-309; (c) Assault in the third degree, section 28-310; (d) Assault by strangulation or suffocation, section 28-310.01; (e) Sexual assault in the first degree, section 28-319; (f) Sexual assault in the second or third degree, section 28-320; (g) Sexual assault of a child in the first degree, section 28-319.01; (h) Sexual assault of a child in the second or third degree, section 28-320.01; (i) Sexual abuse of an inmate, a parolee, a probationer, or a problem solving court participant in the first degree, section 28-322.02; (j) Sexual abuse of an inmate, a parolee, a probationer, or a problem solving court participant in the second degree, section 28-322.03; (k) Sexual abuse of a protected individual in the first or second degree, section 28-322.04; (l) Sexual abuse of a detainee in the first or second degree, section 28-322.05; (m) Sexual abuse by a conservator, guardian, or guardian ad litem in the first or second degree, section 28-322.06; (n) Sexual abuse by a child welfare service provider in the first or second degree, section 28-322.07; (o) Domestic assault in the first, second, or third degree, section 28-323; (p) Assault on an officer, an emergency responder, a state correctional employee, a Department of Health and Human Services employee, or a health care professional in the first degree, section 28-929; (q) Assault on an officer, an emergency responder, a state correctional employee, a Department of Health and Human Services employee, or a health care professional in the second degree, section 28-930; (r) Assault on an officer, an emergency responder, a state correctional employee, a Department of Health and Human Services employee, or a health care professional in the third degree, section 28-931; (s) Assault on an officer, an emergency responder, a state correctional employee, a Department of Health and Human Services employee, or a health care professional using a motor vehicle, section 28-931.01; (t) Assault by a confined person, section 28-932; (u) Confined person committing offenses against another person, section 28-933; and (v) Proximately causing serious bodily injury while operating a motor vehicle, section 60-6,198. (2) The enhancement in subsection (1) of this section does not apply to any criminal offense listed in subsection (1) of this section that is already punishable as a Class I, IA, or IB felony. If any criminal offense listed in subsection (1) of this section is punishable as a Class I misdemeanor, the penalty under this section is a Class IIIA felony. (3) The prosecution shall allege and prove beyond a reasonable doubt that the victim was pregnant at the time of the offense.
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