Section 28-311.04 - Stalking; violations; penalties(1) Except as provided in subsection (2) of this section, any person convicted of violating section 28-311.03 is guilty of a Class I misdemeanor.(2) Any person convicted of violating section 28-311.03 is guilty of a Class IIIA felony if: (a) The person has a prior conviction under such section or a substantially conforming criminal violation within the last seven years;(b) The victim is under sixteen years of age;(c) The person possessed a deadly weapon at any time during the violation;(d) The person was also in violation of section 28-311.09, 28-311.11, 42-924, or 42-925, or in violation of a valid foreign harassment protection order recognized pursuant to section 28-311.10 or a valid foreign sexual assault protection order recognized pursuant to section 28-311.12 at any time during the violation; or(e) The person has been convicted of any felony in this state or has been convicted of a crime in another jurisdiction which, if committed in this state, would constitute a felony and the victim or a family or household member of the victim was also the victim of such previous felony.Neb. Rev. Stat. §§ 28-311.04
Laws 1992, LB 1098, § 3; Laws 1993, LB 299, § 3; Laws 2006, LB 1113, § 23; Laws 2015, LB 605, § 16; Laws 2017, LB 289, § 3.Amended by Laws 2017, LB 289,§ 3, eff. 8/24/2017.Amended by Laws 2015, LB 605,§ 16, eff. 8/30/2015.