Section 28-399 - Assault of an unborn child in the third degree; penalty(1) A person commits the offense of assault of an unborn child in the third 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.(2) Assault of an unborn child in the third degree is a Class I misdemeanor.Neb. Rev. Stat. §§ 28-399