Section 28-398 - Assault of an unborn child in the second degree; penalty(1) A person commits the offense of assault of an unborn child in the second degree if he or she, during the commission of any criminal assault on a pregnant woman, recklessly causes serious bodily injury to her unborn child with a dangerous instrument.(2) Assault of an unborn child in the second degree is a Class IIIA felony.Neb. Rev. Stat. §§ 28-398