As used in sections 28-509 to 28-518, unless the context otherwise requires:
(1) Deprive shall mean:
(a) To withhold property of another permanently or for so extended a period as to appropriate a major portion of its economic value, or with intent to restore only upon payment of reward or other compensation; or
(b) To dispose of the property of another so as to create a substantial risk that the owner will not recover it in the condition it was when the actor obtained it;
(2) Financial institution shall mean a bank, insurance company, credit union, building and loan association, investment trust, or other organization held out to the public as a place of deposit of funds or medium of savings or collective investment;
(3) Movable property shall mean property the location of which can be changed, including things growing on, affixed to, or found in land, and documents although the rights represented thereby may have no physical location. Immovable property shall mean all other property;
(4) Obtain shall mean:
(a) In relation to property, to bring about a transfer or purported transfer of a legal interest in the property, whether to the obtainer or another; or
(b) In relation to labor or service, to secure performance thereof;
(5) Property shall mean anything of value, including real estate, tangible and intangible personal property, contract rights, credit cards, charge plates, or any other instrument which purports to evidence an undertaking to pay for property or services delivered or rendered to or upon the order of a designated person or bearer, choses in action and other interests in or claims to wealth, admission or transportation tickets, captured or domestic animals, food and drink, and electric or other power;
(6) Property of another shall mean property in which any person other than the actor has an interest which the actor is not privileged to infringe, regardless of the fact that the actor also has an interest in the property and regardless of the fact that the other person might be precluded from civil recovery because the property was used in an unlawful transaction or was subject to forfeiture as contraband. Property in possession of the actor shall not be deemed property of another who has only a security interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or other security agreement;
(7) Receiving shall mean acquiring possession, control, or title, or lending on the security of the property; and
(8) Stolen shall mean property which has been the subject of theft or robbery or a vehicle which is received from a person who is then in violation of section 28-517.
Notes of Decisions
Cited in
39
cases (
9 in the last 5 years), 1984–2026 · leading case:
State v. Mann, 302 Neb. 804 (Neb. 2019).
State v. Mann, 302 Neb. 804 (Neb. 2019).
· cites it 7× “" Because the court failed to instruct the jury on the definition of "deprive" under Neb. Rev. Stat. § 28-509 (1) (Reissue 2016), Mann argues the instructions allowed the jury to embrace a broad definition that unduly prejudiced him.”
State v. Copple, 401 N.W.2d 141 (Neb. 1987).
· cites it 7× “Neb. Rev. Stat. § 28-509 (Reissue 1985), the definitional statute pertaining to the crime of theft, in pertinent part provides: (1) Deprive shall mean: (a) To withhold property of another permanently or for so extended a period as to appropriate a major portion of its economic…”
State v. White, 722 N.W.2d 343 (Neb. 2006).
· cites it 4× “He specifically asserts that the evidence indicated that he was “privileged to infringe” upon the grain of each farmer and that therefore, the grain was not the “property of another” as those expressions are used in Neb. Rev. Stat. § 28-509 (Reissue 1995) and § 28-511.”
State v. Fahlk, 524 N.W.2d 39 (Neb. 1994).
· cites it 4× “” Conduct denominated theft in Neb. Rev. Stat. §§ 28-509 through 28-518 (Reissue 1989) constitutes a single offense encompassing the previously separate offenses known as larceny, embezzlement, false pretenses, etc.”
State v. Miner, 733 N.W.2d 891 (Neb. 2007).
· cites it 3× “§ 28-510 (Reissue 1995), which provides: Conduct denominated theft in sections 28-509 to 28-518 constitutes a single offense embracing the separated offenses heretofore known as larceny, embezzlement, false pretense, extortion, blackmail, fraudulent conversion, receiving stolen…”
State v. Jonusas, 694 N.W.2d 651 (Neb. 2005).
· cites it 5× “Neb. Rev. Stat. § 28-509 (Reissue 1995) defines the terms used in conjunction with the offense of theft.”
State v. Brown, 317 Neb. 273 (Neb. 2024).
· cites it 3× “” 11 On appeal, Brown argues that the evidence was insufficient to prove the essential element of the offense that he had the requisite “intent to deprive” contemplated in § 28-511(1).”
State v. Schroeder, 777 N.W.2d 793 (Neb. 2010).
· cites it 2× “[32] Neb.Rev.Stat. §§ 28-509 to 28-518 (Reissue 2008).”
State v. Duncan, 882 N.W.2d 650 (Neb. 2016).
“(8) In any prosecution for theft under sections 28-509 to 28-518, value shall be an essential element of the offense that must be proved beyond a reasonable doubt.”
Diaz-lizarraga, 26 I. & N. Dec. 847 (BIA 2016).
“52 (West 2016); Neb. Rev. Stat. § 28-509 (1) (West 2016); N.”
State v. Beyer, 352 N.W.2d 168 (Neb. 1984).
· cites it 6× “In 1977 the Legislature consolidated all theft offenses in Neb.Rev.Stat. §§ 28-509 to 28-518 (Reissue 1979).”
State v. Gartner, 638 N.W.2d 849 (Neb. 2002).
“(8) In any prosecution for theft under sections 28-509 to 28-518, value shall be an essential element of the offense that must be proved beyond a reasonable doubt.”
— Neb. Rev. Stat. § 28-509(1) — 4 cases
State v. Mann, 302 Neb. 804 (Neb. 2019).
“" Because the court failed to instruct the jury on the definition of "deprive" under Neb. Rev. Stat. § 28-509 (1) (Reissue 2016), Mann argues the instructions allowed the jury to embrace a broad definition that unduly prejudiced him.”
State v. Copple, 401 N.W.2d 141 (Neb. 1987).
“Neb. Rev. Stat. § 28-509 (Reissue 1985), the definitional statute pertaining to the crime of theft, in pertinent part provides: (1) Deprive shall mean: (a) To withhold property of another permanently or for so extended a period as to appropriate a major portion of its economic…”
— Neb. Rev. Stat. § 28-509(1)(a) — 1 case
State v. Brown, 317 Neb. 273 (Neb. 2024).
“” 11 On appeal, Brown argues that the evidence was insufficient to prove the essential element of the offense that he had the requisite “intent to deprive” contemplated in § 28-511(1).”
— Neb. Rev. Stat. § 28-509(6) — 2 cases
State v. White, 722 N.W.2d 343 (Neb. 2006).
“He specifically asserts that the evidence indicated that he was “privileged to infringe” upon the grain of each farmer and that therefore, the grain was not the “property of another” as those expressions are used in Neb. Rev. Stat. § 28-509 (Reissue 1995) and § 28-511.”
State v. Copple, 401 N.W.2d 141 (Neb. 1987).
“Neb. Rev. Stat. § 28-509 (Reissue 1985), the definitional statute pertaining to the crime of theft, in pertinent part provides: (1) Deprive shall mean: (a) To withhold property of another permanently or for so extended a period as to appropriate a major portion of its economic…”
— Neb. Rev. Stat. § 28-509(8) — 3 cases
State v. Mann, 302 Neb. 804 (Neb. 2019).
“" Because the court failed to instruct the jury on the definition of "deprive" under Neb. Rev. Stat. § 28-509 (1) (Reissue 2016), Mann argues the instructions allowed the jury to embrace a broad definition that unduly prejudiced him.”
— Neb. Rev. Stat. § 28-509(l)(b) — 1 case
State v. White, 722 N.W.2d 343 (Neb. 2006).
“He specifically asserts that the evidence indicated that he was “privileged to infringe” upon the grain of each farmer and that therefore, the grain was not the “property of another” as those expressions are used in Neb. Rev. Stat. § 28-509 (Reissue 1995) and § 28-511.”
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