Opinion No. (1984)

REQUESTED BY: Robert G. Simmons, Jr., Banner County Attorney Is § 28-310(1)(b) unconstitutionally vague?

In light of prior opinions of the Supreme Court of Nebraska in assault cases, there is, in our opinion, a good possibility that Court would not find this statute unconstitutionally vague.

In State v. Hamilton, 215 Neb. 694, 340 N.W.2d 397 (1983), the Supreme Court of Nebraska found the terroristic threats statute, Neb.Rev.Stat. § 28-311 (1979) unconstitutional because of vagueness.

Neb.Rev.Stat. § 28-310(1)(b), about which you inquire, provides: `(1) A person commits the offense of assault in…