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Nebraska Theft Laws
Nebraska Theft Laws
28-106. Misdemeanors; classification of penalties; sentences; where served. (1) For purposes of the Nebraska Criminal Code and any statute passed by the Legislature after the date of passage of the code, misdemeanors are divided into seven classes which are distinguished from one another by the following penalties which are authorized upon conviction:
Class I misdemeanor........ Maximum -- not more than one year imprisonment, or one thousand dollars fine, or both Minimum -- none Class II misdemeanor....... Maximum -- six months imprisonment, or one thousand dollars fine, or both Minimum -- none Class III misdemeanor...... Maximum -- three months imprisonment, or five hundred dollars fine, or both Minimum -- none Class IIIA misdemeanor..... Maximum -- seven days imprisonment, five hundred dollars fine, or both Minimum -- none Class IV misdemeanor....... Maximum -- no imprisonment, five hundred dollars fine Minimum -- one hundred dollars fine Class V misdemeanor........ Maximum -- no imprisonment, one hundred dollars fine Minimum -- none Class W misdemeanor....... Driving under the influence or implied consent First conviction Maximum -- sixty days imprisonment and five hundred dollars fine Mandatory minimum -- seven days imprisonment and four hundred dollars fine Second conviction Maximum -- six months imprisonment and five hundred dollars fine Mandatory minimum -- thirty days imprisonment and five hundred dollars fine Third conviction Maximum -- one year imprisonment and six hundred dollars fine Mandatory minimum -- ninety days imprisonment and six hundred dollars fine
(2) Sentences of imprisonment in misdemeanor cases shall be served in the county jail, except that in the following circumstances the court may, in its discretion, order that such sentences be served in institutions under the jurisdiction of the Department of Correctional Services: (a) If the sentence is for a term of one year upon conviction of a Class I misdemeanor; (b) If the sentence is to be served concurrently or consecutively with a term for conviction of a felony; or (c) If the Department of Correctional Services has certified as provided in section 28-105 as to the availability of facilities and programs for short-term prisoners and the sentence is for a term of six months or more.
28-510. Consolidation of theft offenses. Conduct denominated theft in sections 28-509 to 28-518 constitutes a single offense embracing the separated offenses heretofore known as larceny, embezzlement, false pretense, extortion, blackmail, fraudulent conversion, receiving stolen property, and the like. An accusation of theft may be supported by evidence that it was committed in any manner that would be theft under sections 28-509 to 28-518, notwithstanding the specification of a different manner in the indictment or information, subject only to the power of the court to insure fair trial by granting a continuance or other appropriate relief where the conduct of the defense would be prejudiced by lack of fair notice or by surprise.
Adefendant is foreclosed from defending on the basis that his conduct supported one type of theft but that he was charged with another. State v. Jonusas, 269 Neb. 644, 694 N.W.2d 651 (2005). A defendant was not denied his right to due process when he was charged with theft by deception and tried for theft by unlawful taking or disposition. State v. Jonusas, 269 Neb. 644, 694 N.W.2d 651 (2005). This section creates a single offense of "theft" which may be committed by the violation of sections 28-509 to 28-517. State v. Jonusas, 269 Neb. 644, 694 N.W.2d 651 (2005). This section gives adequate notice to a defendant that he may be charged with one manner of theft and convicted of theft by a different manner. State v. Jonusas, 269 Neb. 644, 694 N.W.2d 651 (2005). This section has subsumed various forms of unlawful acquisitive behavior into a single offense of theft which may be committed by taking part in any one of several activities described in sections 28-509 to 28-517. State v. Jonusas, 269 Neb. 644, 694 N.W.2d 651 (2005). This section provides that the offense of theft may be supported by evidence that it was committed via any manner described in sections 28-509 to 28-517, regardless of the manner by which the information alleges the theft occurred. State v. Jonusas, 269 Neb. 644, 694 N.W.2d 651 (2005). The first sentence of this section does not purport to define but a single crime for which only one punishment may be imposed, as evidenced by the sundry statutes defining a variety of conduct as constituting thefts subjecting one to different consequences. State v. Schwab, 235 Neb. 972, 458 N.W.2d 459 (1990).
Source: Laws 1977, LB 38, § 110;; Laws 1982, LB 126, § 2.;
28-511. Theft by unlawful taking or disposition.
(1) A person is guilty of theft if he or she takes, or exercises control over, movable property of another with the intent to deprive him or her thereof.
(2) A person is guilty of theft if he or she transfers immovable property of another or any interest therein with the intent to benefit himself or herself or another not entitled thereto.
(3) Except as provided in subsection (4) of this section, it shall be presumed that a lessee's failure to return leased or rented movable property to the lessor after the expiration of a written lease or written rental agreement is done with intent to deprive if such lessee has been mailed notice by certified mail that such lease or rental agreement has expired and he or she has failed within ten days after such notice to return such property.
(4) A person is guilty of theft if he or she (a) rents or leases a motor vehicle under a written lease or rental agreement specifying the time and place for the return of the vehicle and fails to return the vehicle within seventy-two hours of written demand for return of the vehicle made upon him or her by certified mail to the address given by him or her for such purpose or (b) uses a fraudulent or stolen credit card to rent or lease a vehicle. Nothing in this subsection shall apply to any person who (i) through inadvertence, mistake, act of God, or other natural occurrence has unintentionally failed to return a rented motor vehicle or to inform the owner of the location of the vehicle or (ii) has had a rented motor vehicle stolen or otherwise converted from his or her possession and has filed the appropriate report with law enforcement authorities.
28-511.01. Theft by shoplifting; penalty; photographic evidence. (1) A person commits the crime of theft by shoplifting when he or she, with the intent of appropriating merchandise to his or her own use without paying for the same or to deprive the owner of possession of such property or its retail value, in whole or in part, does any of the following: (a) Conceals or takes possession of the goods or merchandise of any store or retail establishment; (b) Alters the price tag or other price marking on goods or merchandise of any store or retail establishment; (c) Transfers the goods or merchandise of any store or retail establishment from one container to another; (d) Interchanges the label or price tag from one item of merchandise with a label or price tag for another item of merchandise; or (e) Causes the cash register or other sales recording device to reflect less than the retail price of the merchandise. (2) In any prosecution for theft by shoplifting, photographs of the shoplifted property may be accepted as prima facie evidence as to the identity of the property. Such photograph shall be accompanied by a written statement containing the following: (a) A description of the property; (b) The name of the owner or owners of the property; (c) The time, date, and location where the shoplifting occurred; (d) The time and date the photograph was taken; (e) The name of the photographer; and (f) Verification by the arresting officer. The purpose of this subsection is to allow the owner or owners of shoplifted property the use of such property during pending criminal prosecutions. Prior to allowing the use of the shoplifted property as provided in this section, legal counsel for the alleged shoplifter shall have a reasonable opportunity to inspect and appraise the property and may file a motion for retention of the property, which motion shall be granted if there is any reasonable basis for believing that the photographs and accompanying affidavit may be misleading.
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