Robbery, Burglary and Theft
under Nebraska law
under Nebraska law
1. A person commits robbery if, with the intent
to steal, he forcibly and by violence, or by putting
in fear, takes from the person of another any
money or personal property of any value
whatever.
2. A person commits burglary if such person
willfully, maliciously, and forcibly breaks and
enters any real estate or any improvements
erected thereon with intent to commit any felony
or with intent to steal property of any value.
3. 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.
(b) 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.
(c) 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.
(d) 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.
4. 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.
to steal, he forcibly and by violence, or by putting
in fear, takes from the person of another any
money or personal property of any value
whatever.
2. A person commits burglary if such person
willfully, maliciously, and forcibly breaks and
enters any real estate or any improvements
erected thereon with intent to commit any felony
or with intent to steal property of any value.
3. 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.
(b) 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.
(c) 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.
(d) 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.
4. 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.
 |
| |
 |
| |
 |
| |
 |
| Law Office of William J. O'Brien 4848 South 120th Street Omaha, Nebraska 68137 (402) 201-8581 |