(1) 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.
(2) 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.
(3) 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.
(4) 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.
Notes of Decisions
Cited in
110
cases (
19 in the last 5 years), 1936–2026 · leading case:
State v. Copple, 401 N.W.2d 141 (Neb. 1987).
State v. Copple, 401 N.W.2d 141 (Neb. 1987).
· cites it 36× “Copple with two counts of theft in violation of Neb. Rev. Stat. § 28-511 (1) (Reissue 1985), alleged to have occurred as a result of Copple’s receipt of $500,000 from Commonwealth Savings Company in reference to real estate purchased by Commonwealth.”
State v. Schaaf, 449 N.W.2d 762 (Neb. 1989).
· cites it 46× “Although this court has not expressly stated that time is not an essential element of theft, other courts, construing theft statutes substantially similar to § 28-511, have held that time is not an essential element of theft.”
State v. Mann, 302 Neb. 804 (Neb. 2019).
· cites it 4× “4 and argued that the definition should mimic Neb. Rev. Stat. § 28-511 (1) (Reissue 2016).”
State v. White, 722 N.W.2d 343 (Neb. 2006).
· cites it 8× “The eight remaining counts involved corn and soybeans owned by several farmers.”
State v. Duncan, 882 N.W.2d 650 (Neb. 2016).
· cites it 4× “We therefore affirm Duncan’s conviction of theft by unlawful taking, a Class IV felony. The information charged Duncan with one count of “Theft By Unlawful Taking More Than $1,500,” “Class III Felony,” pursuant to § 28-518 and Neb.”
State v. Fahlk, 524 N.W.2d 39 (Neb. 1994).
· cites it 10× “The jury found that Fahlk, a superintendent for the Nebraska City Public School District, committed theft by unlawful taking when he took a computer from the school where he worked, in violation of Neb. Rev. Stat. § 28-511 (1) (Reissue 1989).”
State v. Jonusas, 694 N.W.2d 651 (Neb. 2005).
· cites it 11× “The Douglas County District Court convicted Jonusas of theft by unlawful taking or disposition pursuant to Neb. Rev. Stat. § 28-511 (1) (Reissue 1995), and he appealed.”
State v. Gartner, 638 N.W.2d 849 (Neb. 2002).
· cites it 3× “Gartner was charged by information with seven counts of theft, pursuant to Neb. Rev. Stat. § 28-511 (1) (Reissue 1995).”
State v. White, 508 N.W.2d 554 (Neb. 1993).
· cites it 4× “Neb. Rev. Stat. § 28-511 (Reissue 1989), theft by unlawful taking or disposition, provides, in pertinent part: (1) 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.”
State v. Miner, 733 N.W.2d 891 (Neb. 2007).
· cites it 4× “2 *840 Holt County Prosecution In June 2001, Miner was charged in Holt County with theft by unlawful taking in violation of Neb. Rev. Stat. § 28-511 (Reissue 1995), a Class III felony.”
State v. Beck, 325 N.W.2d 148 (Neb. 1982).
· cites it 6× “Neb. Rev. Stat. § 28-511 (1) (Reissue 1979).”
State v. Brown, 317 Neb. 273 (Neb. 2024).
· cites it 4× “3 As a condition of probation, the court ordered Brown to pay approximately $11,000 in restitution to the victim of the theft within the first year of probation.”
— Neb. Rev. Stat. § 28-511(1) — 31 cases
State v. Copple, 401 N.W.2d 141 (Neb. 1987).
“Copple with two counts of theft in violation of Neb. Rev. Stat. § 28-511 (1) (Reissue 1985), alleged to have occurred as a result of Copple’s receipt of $500,000 from Commonwealth Savings Company in reference to real estate purchased by Commonwealth.”
State v. Mann, 302 Neb. 804 (Neb. 2019).
“4 and argued that the definition should mimic Neb. Rev. Stat. § 28-511 (1) (Reissue 2016).”
State v. Fahlk, 524 N.W.2d 39 (Neb. 1994).
“The jury found that Fahlk, a superintendent for the Nebraska City Public School District, committed theft by unlawful taking when he took a computer from the school where he worked, in violation of Neb. Rev. Stat. § 28-511 (1) (Reissue 1989).”
State v. Duncan, 882 N.W.2d 650 (Neb. 2016).
“We therefore affirm Duncan’s conviction of theft by unlawful taking, a Class IV felony. The information charged Duncan with one count of “Theft By Unlawful Taking More Than $1,500,” “Class III Felony,” pursuant to § 28-518 and Neb.”
State v. Jonusas, 694 N.W.2d 651 (Neb. 2005).
“The Douglas County District Court convicted Jonusas of theft by unlawful taking or disposition pursuant to Neb. Rev. Stat. § 28-511 (1) (Reissue 1995), and he appealed.”
— Neb. Rev. Stat. § 28-511(2) — 3 cases
State v. Schaaf, 449 N.W.2d 762 (Neb. 1989).
“Although this court has not expressly stated that time is not an essential element of theft, other courts, construing theft statutes substantially similar to § 28-511, have held that time is not an essential element of theft.”
— Neb. Rev. Stat. § 28-511(3) — 1 case
— Neb. Rev. Stat. § 28-511(4) — 1 case
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