(A) (1) The definitions found in Neb. RS 28-509 shall apply.
(2) The offenses described in divisions (B) through (G) below shall exist when the value of the thing involved is under $500.
(B) (1) A person commits theft if he or she takes, or exercise control over, movable property of another with the intent to deprive him or her thereof.
(2) A person commits 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 for rental or lease of a motor vehicle in Neb. RS 28-511(4), 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 the lessee has been mailed notice by certified mail that the lease or rental agreement has expired and he or she has failed within ten days after the notice to return the property.
(C) A person commits theft if he or she obtains property of another by deception as defined in Neb. RS 28-512.
(D) (1) A person commits theft if he or she obtains property of another by threatening to:
(a) Inflict bodily injury on anyone or commit any other criminal offense;
(b) Accuse anyone of a criminal offense;
(c) Expose any secret tending to subject any person to hatred, contempt or ridicule, or to impair his or her credit or business repute;
(d) Take or withhold action as an official or cause an official to take or withhold action;
(e) Bring about or continue a strike, boycott or other collective unofficial action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act; or
(f) Testify or provide information or withhold testimony or information with respect to another’s legal claim or defense.
(2) It is an affirmative defense to prosecution based on divisions (D)(1)(b), (c) or (d) that the property obtained by threat of accusation, exposure, lawsuit or other invocation of official action was honestly claimed as restitution or indemnification for harm done in the circumstances to which the accusation, exposure, lawsuit or other official action relates, or as compensation for property or lawful services.
(E) A person who comes into control of property of another that he or she knows to have been lost, mislaid or delivered under a mistake as to the nature or amount of the property or the identity of the recipient commits theft if, with intent to deprive the owner thereof, he or she fails to take reasonable measures to restore the property to a person entitled to have it.
(F) (1) A person commits theft if he or she obtains services, which he or she knows 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 the 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.
(2) 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 the services to his or her own benefit or to the benefit of another not entitled thereto.
(G) A person commits theft if he or she 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.
(Prior Code, § 6-309) (Ord. 4-03, passed 4-14-2003) Penalty, see § 10.99
Statutory reference:
Related provisions, see Neb. RS 28-511, 28-512, 28-513, 28-514, 28-515, 28-517