Section 28-309 - Assault in the second degree; penalty(1) A person commits the offense of assault in the second degree if he or she:(a) Intentionally or knowingly causes bodily injury to another person with a dangerous instrument;(b) Recklessly causes serious bodily injury to another person with a dangerous instrument; or(c) Unlawfully strikes or wounds another (i) while legally confined in a jail or an adult correctional or penal institution, (ii) while otherwise in legal custody of the Department of Correctional Services, or (iii) while committed as a dangerous sex offender under the Sex Offender Commitment Act.(2) Assault in the second degree shall be a Class IIA felony.Laws 1977, LB 38, § 24; Laws 1982, LB 347, § 7; Laws 1997, LB 364, § 4; Laws 2009, LB 63,§ 5; Laws 2010, LB 771,§ 3; Laws 2015, LB 605,§ 12. Amended by Laws 2015, LB 605,§ 12, eff. 8/30/2015.