(1) A person commits theft if he or she obtains services, which he or she knows are available only for compensation, by deception or threat or by false token or other means to avoid payment for the service. Services include labor, professional service, telephone service, electric service, cable television service, or other public service, accommodation in hotels, restaurants, or elsewhere, admission to exhibitions, and use of vehicles or other movable property. When compensation for service is ordinarily paid immediately upon the rendering of such service, as in the case of hotels and restaurants, refusal to pay or absconding without payment or offer to pay gives rise to a presumption that the service was obtained by deception as to intention to pay.
(2) A person commits theft if, having control over the disposition of services of others to which he or she is not entitled, he or she diverts such services to his or her own benefit or to the benefit of another not entitled thereto.
Notes of Decisions
Cited in
8
cases, 1931–1990 · leading case:
State v. Beyer, 352 N.W.2d 168 (Neb. 1984).
State v. Beyer, 352 N.W.2d 168 (Neb. 1984).
· cites it 2× “" Except for two specific penalties set out in § 28-515(3) (Cum.Supp.1982) (making or possessing devices to obtain telecommunications services fraudulently is a Class II misdemeanor) and in § 28-516(4) (Reissue 1979) (unauthorized use of a propelled vehicle is a Class III…”
Buthman v. State, 268 N.W. 99 (Neb. 1936).
· cites it 6× “Section 28-515, Comp. St. 1929, provides that whoever steals a cow, steer, bull, heifer, or calf of any value shall be punished.”
State v. Leonard, 707 P.2d 650 (Utah 1985).
“-1(3) (1983); Neb.Rev.Stat. § 28-515 (1979); N.D.Cent. Code § 12.”
Millslagle v. State, 290 N.W. 725 (Neb. 1940).
· cites it 2× “” Paring this verbiage, it is simply a charge that defendant, at a specified time and place, feloniously aided Roy Shumway to steal nine head of cattle belonging to Gerhart Aschwege, and so was guilty of the crime of cattle stealing under section 28-515, Comp.”
State v. Thomas, 461 N.W.2d 513 (Neb. 1990).
· cites it 2× “arney, Nebraska, without permission, on September 16, 1988; count *356 II, first degree criminal trespass, in violation of § 28-520, in entering and remaining in room 246 of the same motel, without permission, on September 18, 1988; and count III, theft of services by deception,…”
Cochran v. State, 239 N.W. 471 (Neb. 1931).
· cites it 2× “Section 28-515, Comp. St. 1929, the statute under which the information is laid, denounces “whoever steals any cow, steer, bull, heifer, or calf, of any value.”
Matteson v. State, 22 N.W.2d 420 (Neb. 1946).
· cites it 2× “725 , we said: “Paring this verbiage, it is simply a charge that defendant, at a specified time and place, feloniously aided Roy Shumway to steal nine head of cattle belonging to Gerhart Aschwege, and so was guilty of the crime of cattle stealing under section 28-515, Comp. St.…”
Neb. Rev. Stat. § 28-515(3): 2 cases
State v. Beyer, 352 N.W.2d 168 (Neb. 1984).
“" Except for two specific penalties set out in § 28-515(3) (Cum.Supp.1982) (making or possessing devices to obtain telecommunications services fraudulently is a Class II misdemeanor) and in § 28-516(4) (Reissue 1979) (unauthorized use of a propelled vehicle is a Class III…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.