(A) For purposes of this section, the definitions found in Neb. RS 28-509 shall be used.
(B) It shall be unlawful for any person, when the value of the thing involved is under $500, to:
(1) Take or exercise control over movable property of another with the intent to deprive him or her thereof;
(2) Transfer immovable property of another or any interest therein with the intent to benefit himself or herself or another not entitled thereto;
(3) Fail to return leased or rented movable property to the lessor after the expiration of a written lease or written rental agreement 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) Obtain the property of another by deception, as defined in Neb. RS 28-512;
(5) (a) Obtain the property of another by threatening to:
1. Inflict bodily injury on anyone or commit any other criminal offense; or
2. Accuse anyone of a criminal offense; or
3. Expose any secret tending to subject any person to hatred, contempt, or ridicule, or to impair his or her credit or business repute; or
4. Take or withhold action as an official, or cause an official to take or withhold action; or
5. 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
6. Testify or provide information or withhold testimony or information with respect to another’s legal claim or defense.
(b) It is an affirmative defense to prosecution based on divisions (B)(5)(a)2. through (B)(5)(a)4. 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 such accusation, exposure, lawsuit, or other official action relates, or as compensation for property or lawful services.
(6) Come 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 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;
(7) Obtain 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;
(8) Have control over the disposition of services of others to which he or she is not entitled and divert such services to his or her own benefit or to the benefit of another not entitled thereto; or
(9) Receive, retain, or dispose 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, § 130.21) (Ord. 1668, passed 7-24-2000) Penalty, see § 10.99
Statutory reference:
Related provisions, see Neb. RS 28-511 through 28-515 and 28-517