There was a time when a conviction for “petty” theft, shoplifting, or another relatively minor theft crime was not something to be overly concerned about on your record. That is no longer the case in the United States.
Today, we live in an electronic world where prospective employers and landlords insist on a clean background check before even considering an applicant.
Therefore, a conviction for any theft offense can have serious negative consequences for your current and future employment and housing prospects.
In addition, you could also face penalties that include a term of imprisonment and/or a lengthy period of probation.
An Omaha criminal defense attorney explains some of the most common Nebraska theft offenses and their corresponding penalties.
Common Theft Offenses
In the State of Nebraska, most theft-related offenses are governed by Nebraska Revised Statutes Section 28-509 et seq. Among the more common of those offenses are:
NEBRASKA THEFT LAWS FAQ
1. Theft by Unlawful Taking in Nebraska
Theft by Unlawful Taking or Disposition
Sec. 28-511, defined as:
- 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.
- 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.
- 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.
- 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.
Theft by Shoplifting
Sec. 28-511.01, defined as:
A person commits the crime of theft by shoplifting when he or she, with the intent of appropriating goods or merchandise to his or her own use without paying for the goods or merchandise or to deprive the owner of possession of such goods or merchandise or its retail value, in whole or in part, does any of the following:
- Conceals or takes possession of the goods or merchandise of any store or retail establishment;
- Alters the price tag or other price marking on goods or merchandise of any store or retail establishment;
- Transfers the goods or merchandise of any store or retail establishment from one container to another;
- Interchanges the label or price tag from one item of a good or of merchandise with a label or price tag for another item of a good or of merchandise;
- Causes the cash register or other sales recording device to reflect less than the retail price of the goods or merchandise; or
- Alters, bypasses, disables, shields, or removes any security or alarm device attached to or housing any goods or merchandise of any store, including the use or possession of a security device countermeasure as defined in section 28-511.03, prior to purchase of the goods or merchandise.
THEFT BY DECEPTION IN NEBRASKA FAQ
2. Theft by Deception in Nebraska
Theft by Deception
Sec. 28-512, defined as:
A person commits theft if he obtains property of another by deception. A person deceives if he intentionally:
- Creates or reinforces a false impression, including false impressions as to law, value, intention, or other state of mind; but deception as to a person’s intention to perform a promise shall not be inferred from the fact alone that he did not subsequently perform the promise; or
- Prevents another from acquiring information which would affect his judgment of a transaction; or
- Fails to correct a false impression which the deceiver previously created or reinforced, or which the deceiver knows to be influencing another to whom he stands in a fiduciary or confidential relationship; or
- Uses a credit card, charge plate, or any other instrument which purports to evidence an undertaking to pay for property or services delivered or rendered to or upon the order of a designated person or bearer (a) where such instrument has been stolen, forged, revoked, or canceled, or where for any other reason its use by the actor is unauthorized, or (b) where the actor does not have the intention and ability to meet all obligations to the issuer arising out of his use of the instrument.
Theft of Services
Sec. 28-515, defined as:
A person commits theft if he or she obtains services, which he or she knows are available only for compensation, by deception or threat or by false token or other means to avoid payment for the service. Services include labor, professional service, telephone service, electric service, cable television service, or other public service, accommodation in hotels, restaurants, or elsewhere, admission to exhibitions, and use of vehicles or other movable property.
When compensation for service is ordinarily paid immediately upon the rendering of such service, as in the case of hotels and restaurants, refusal to pay or absconding without payment or offer to pay gives rise to a presumption that the service was obtained by deception as to intention to pay.
- A person commits theft if, having control over the disposition of services of others to which he or she is not entitled, he or she diverts such services to his or her own benefit or to the benefit of another not entitled thereto.
Theft by Receiving Stolen Property
Sec. 28-517, defined as:
- A person commits theft if he receives, retains, or disposes of stolen movable property of another knowing that it has been stolen, or believing that it has been stolen, unless the property is received, retained, or disposed with intention to restore it to the owner.
NEBRASKA THEFT LAWS FAQ
Potential Penalties for a Theft Conviction in Nebraska
Nebraska Revised Statute Section 28-518 governs the severity of theft offenses in Nebraska as well as the potential penalties for a conviction of those offenses. The primary factor used to determine the severity level of a theft offense is the monetary value of the property or service involved, as follows:
- Theft constitutes a Class IIA felony, punishable by up to 20 years in prison, when the value of the thing involved is $5,000 or more.
- Theft constitutes a Class IV felony, punishable by up to two years in prison, when the value of the thing involved is $1,500 or more but less than $5,000.
- Theft constitutes a Class I misdemeanor, punishable by up to one year in jail, when the value of the thing involved is more than $500 but less than $1,500.
- Theft constitutes a Class II misdemeanor, punishable by up to six months in jail, when the value of the thing involved is $500 or less.
Contact an Omaha Criminal Defense Attorney at Petersen Law Office
If you (or a loved one) have been charged with a theft offense in Nebraska, consult with an experienced Omaha criminal defense attorney as soon as possible. In Nebraska contact Petersen Criminal Defense Law 24 hours a day at 402-509-8070 to discuss your case.
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