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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:

(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.

Source: Laws 1977, LB 38, § 110;;  Laws 1982, LB 126, § 2.; 
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).

 

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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Disclaimer
Please note, the theft law information on this page is provided as a courtesy to help explain theft, shoplifting and stealing laws. There is no guarantee or assurance of reliability or validity. Laws change over time and this page may or may not be current. The code that is provided on this site is an unofficial posting of the State Codes. The files making up this Internet version of the State Codes do not constitute the official text of the State Codes and are intended for informational purposes only. No representation is made as to the accuracy or completeness of these sections. While every effort was made to ensure the accuracy and completeness of the statutes available Offender Solutions™ shall not be liable or held responsible for any errors or omissions which may occur in these files, they are provided on an "As Is" basis. Use of the information and services are at the sole risk of the user. For official versions of any state's current laws, the user is directed to that states Revised Statutes, all amendments and cumulative supplements thereto published by that state. Please notify the Webmaster if you find any irregularities in the statutes on this web site. The Webmaster will relay the information to appropriate staff to investigate the irregularities. The printed version of the State Codes should be consulted for all matters requiring reliance on the statutory text. If you were involved in a theft or shoplifting incident you are encouraged to consider taking a theft cloass, theft course or shoplifting education class such as the one provided by offender solutions. Research shows theft school and/or theft education can be an effective theft prevention. Offender Solutions™ is an online theft education, shoplifting education class about stealing, it can be very effective if you want to stop stealing. Evan it was a small theft, a petty theft class or petty theft school could be right for you!

 

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SHOPLIFTING  THEFT STEALING

Shoplifting is not a crime, it is a euphemism for the word stealing or theft, and theft is a crime. I'm not sure why our culture allowed the word "theft" to be different for someone who steals from a store, but the effect has been to minimize its seriousness in the mind of the shoplifter, our society and, interestingly, the police. It would seem logical for someone who is shoplifting to minimize the seriousness of this crime by calling it "shoplifting", but for the police to be swayed to this way of thinking is no less sacrilegious than for an American citizen to allow the euphemism, "casualty of war" to replace the word "death", minimizing the sacrifices of our Veterans.

The same point can be made of the term "petty theft". Doesn't the word "petty" conjure up notions of insignificance, unimportance and irrelevance? It almost appears the police and our society have fallen victim to a very successful propaganda campaign intending to minimize the seriousness of theft from a store by calling it "shoplifting". Actually, if you take time to think about it, whether the item is stolen from a store, your employer, or, has great or small value, it is still stealing. It is also a statement about the shoplifters character.

I don't work for a store or retailer and I do not spend my time trying to show retailers how to better protect themselves from shoplifting with cameras, mirrors, electronic tags, security personnel, etc. I spend my time helping theft offenders think through their actions, attitudes, values and beliefs. Working with most people who steal is not all that difficult. What I have discovered through theft offender counseling is that most theft offenders have relatively transparent thinking errors. For example, if you believed 2 + 3 equals 6 you would have a thinking error. Your thinking error would not readily be identified, (How often do you do math out loud or in front of someone, and, to take it even further, how many people are willing to confront you with your math error?). However, once this thinking error is identified, you would be quick to self correct.

There is also such a thing as a "cultural thinking error." One common cultural thinking error occurs when we minimize the impact of shoplifting by buying into the notion that if someone is "shoplifting", he must be a victim. Common cultural thinking errors are that theft offenders are victims of poverty, poor parenting, hunger, alcohol and drugs, ADHD, peer pressure, etc. The fact is, most people who steal from stores are none of the above and, all people who choose to steal from stores have options to stealing. Oh, kleptomania you say?

People who are shoplifting are not all that different from you and I. Simply stated, the primary differences include, 1) an overdose of selfishness, 2) a stronger than normal attraction to the forbidden, 3) thinking errors you and I don't have, and, most of all, 4) they don't self punish the thought of stealing.