Nebraska Misdemeanor and Felony Theft and Shoplifting Laws

Nebraska theft laws prohibit a wide range of conduct, including stealing, theft by deception, receiving stolen property, and shoplifting. Learn how quickly theft adds up to a felony.

By , Attorney
Defend your rights. We've helped 95 clients find attorneys today.

There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please add a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

Like many states, Nebraska theft laws prohibit a wide range of conduct, including stealing, theft by deception or extortion, theft of services, receiving stolen property, and shoplifting.

Defining Theft Under Nebraska Law

Nebraska law provides the same penalties for the following types of theft.

Theft by unlawful taking. Taking someone else's property without their permission and with the intent to deprive them of it.

Theft by deception. Obtaining someone else's property through deceit or trickery.

Theft by extortion. Obtaining another's property, money, or other things of value by the threat of bodily harm, criminal accusation, or legal or reputational harm.

Theft of services. Obtaining services, which are only available for compensation, and then not paying for them. Services include such things as labor, accommodations in hotels and restaurants, professional services, telephone or cable providers, and admission to exhibitions.

Theft by receiving stolen property. Receiving, retaining, or disposing of property one knows to be stolen from someone else.

(Neb. Rev. Stat. §§ 28-509 and following (2020).)

Classification of Theft Offenses and Penalties in Nebraska

Like many other states, Nebraska classifies most theft crimes based on the dollar value of the property involved. Let's take a closer look at the different levels of theft penalties under Nebraska law.

Class II Misdemeanor Theft

Theft constitutes a Class II misdemeanor in Nebraska when the value of the stolen property or services is $500 or less. This is the lowest-level theft offense under Nebraska law. A person who commits a Class II misdemeanor theft faces up to six months in jail and a fine of $1,000.

Class I Misdemeanor Theft

A person commits a Class I misdemeanor theft when the value of the stolen property or services involved is more than $500 but less than $1,500. In such a case, the offender is subject to up to one year in jail and a $1,000 fine.

Also, a second conviction for a Class II misdemeanor theft (involving $500 or less) bumps the offense up to a Class I misdemeanor theft.

Class IV Felony Theft

Theft constitutes a Class IV felony in Nebraska when the value of the stolen property or services is at least $1,500 but less than $5,000. Under Nebraska law, a Class IV felony is punishable by up to two years in prison and a fine of no more than $10,000.

The law also provides Class IV felony penalties for:

  • a second or subsequent conviction of a Class I misdemeanor theft (involving between $500 to $1,500), and
  • a third or subsequent conviction of a Class II misdemeanor theft (involving $500 or less).

Class IIA Felony Theft

Theft constitutes a Class IIA felony in Nebraska when the value of the property or services involved is $5,000 or more. A person convicted of a Class IIA felony faces up to 20 years in prison.

Habitual Felons

Nebraska imposes stiff penalties for repeat felony offenders. A person convicted of a third felony faces a mandatory prison sentence of ten to 60 years' incarceration.

(Neb. Rev. Stat. §§ 28-105, -106, -518; 29-2221 (2020).)

Shoplifting Penalties Under Nebraska Law

Shoplifting crimes carry the penalties described above based on the value of the goods stolen. The definition of shoplifting goes beyond hiding an item under a bulky coat. A person commits theft by shoplifting when, without paying for the goods or merchandise, the person does any of the following:

  • takes or hides the items
  • alters or switches the price tag
  • transfers the items from one container to another
  • causes the cash register to show the wrong price, or
  • disables any security devices.

Unlike many states, Nebraska no longer provides civil penalties specific to shoplifting. Instead, merchants may sue an offender in civil court for any actual property damage or loss sustained as a direct result of the incident, or they can request restitution (compensation) in the criminal matter.

(Neb. Rev. Stat. §§ 28-511, 29-2280 (2020).)

Talk to a Lawyer

If you have been charged with a theft-related offense in Nebraska, contact a local attorney as soon as possible. Theft convictions can have negative consequences on future housing, employment, and financial transactions. Speak with an experienced criminal defense attorney and learn about your options.

DEFEND YOUR RIGHTS
Talk to a Defense attorney
We've helped 95 clients find attorneys today.
There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please add a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you