Neb. Rev. Stat. » Chapter 28
Nebraska Revised Statutes

Neb. Rev. Stat. § 28-508 (2026)

Possession of burglar's tools; penalty

✓ current as of July 2026
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(1) A person commits the offense of possession of burglar's tools if such person:

(a) Knowingly possesses any explosive, tool, instrument, key or lock adopted by a postal service for any box or other authorized receptacle for the deposit or delivery of mail, or other article adapted, designed, or commonly used for committing or facilitating the commission of an offense involving forcible entry into premises or theft by a physical taking; and

(b) Intends to use the explosive, tool, instrument, key, lock, or article, or knows some person intends ultimately to use it, in the commission of an offense of the nature described in subdivision (1)(a) of this section.

(2) Possession of burglar's tools is a Class IV felony.

Notes of Decisions
Cited in 22 cases (3 in the last 5 years), 1962–2024 · leading case: State v. Loveless, 308 N.W.2d 842 (Neb. 1981).
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State v. Loveless, 308 N.W.2d 842 (Neb. 1981). · cites it 8× “Loveless, the defendant and appellant herein, appeals to this court from his conviction in the District Court of Washington County, Nebraska, of the crime of possession of burglary tools in violation of Neb.Rev.Stat. § 28-508 (Reissue 1979). The case was tried before a jury…”
State v. Ybarra, 609 N.W.2d 696 (Neb. Ct. App. 2000). · cites it 4× “In reversing the defendant's conviction, the court stated: The value of goods which may be the subject of feloniously receiving stolen property must be $100 or more under section 28-508, R.R.S.1943. Where the value of property is an element of the offense, the State must prove…”
State v. Nuss, 454 N.W.2d 482 (Neb. 1990). · cites it 2× “See Neb. Rev. Stat. §§ 28-508 and 28-513 (Reissue 1975).”
State v. Frieze, 525 N.W.2d 646 (Neb. Ct. App. 1994). · cites it 2× “Neb. Rev. Stat. § 28-508 (Reissue 1989). Nebraska statutes further provide: (1) Any person or persons who shall transport or possess any machine gun, short rifle, or short shotgun commits a Class IV felony.”
State v. Hoffman, 401 N.W.2d 683 (Neb. 1987). · cites it 2× “The first charge was possession of burglar’s tools in violation of Neb. Rev. Stat. § 28-508 (l)(a) (Reissue 1985), which is a Class IV felony punishable by a maximum sentence of 5 years’ imprisonment, a $10,000 fine, or both such fine and imprisonment, with no minimum penalty.”
State v. Harms, 304 Neb. 441 (Neb. 2019). “2 § 28-508. 3 See §§ 28-201 and 28-508. - 444 - Nebraska Supreme Court Advance Sheets 304 Nebraska Reports STATE v.”
State v. Zemunski, 423 N.W.2d 443 (Neb. 1988). · cites it 3× “Neb. Rev. Stat. § 28-508 (Reissue 1985) provides: (1) A person commits the offense of possession of burglar’s tools if: (a) He knowingly possesses any explosive, tool, instrument, or other article adapted, designed, or commonly used for committing or facilitating the commission…”
State v. Gundlach, 224 N.W.2d 167 (Neb. 1974). · cites it 2× “The sentence under section 28-508, R. R. S. 1943, for receiving stolen goods, is imprisonment in the Nebraska Penal and Correctional Complex not more than 7 years nor less than 1 year.”
State v. Whiteley, 452 N.W.2d 290 (Neb. 1990). · cites it 2× “§ 28-507 (1) (Reissue 1989), and possession of burglary tools, under Neb. Rev. Stat. § 28-508 (1) (Reissue 1989).”
State v. Abraham, 205 N.W.2d 342 (Neb. 1973). · cites it 2× “The two defendants were charged under section 28-508, R. R. S. 1943, with receiving stolen property with the intent to defraud the owner.”
State v. Warner, 696 P.2d 1052 (Or. 1985). “17-A, § 403 (1983); Mont Code Ann § 45-6-205 (1984); Neb Rev Stat § 28-508 (1979); NH Rev Stat Ann § 635:1 V.”
State v. Stowell, 211 N.W.2d 130 (Neb. 1973). · cites it 2× “in the automobile market, I can only relate it to used merchandise, and with less than a year’s age on the thing, I would presume that it was worth at least $250.”
Show all 22 citing cases →
— Neb. Rev. Stat. § 28-508(1) — 1 case
State v. Ohler, 305 N.W.2d 637 (Neb. 1981).
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