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

Neb. Rev. Stat. § 28-516 (2026)

Unauthorized use of a propelled vehicle; affirmative defense; penalties

✓ current as of July 2026
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(1) A person commits the offense of unauthorized use of a propelled vehicle if he or she intentionally exerts unauthorized control over another's propelled vehicle by operating it without the owner's consent.

(2) Propelled vehicle shall mean an automobile, airplane, motorcycle, motorboat, or other motor-propelled vehicle.

(3) It is an affirmative defense to prosecution under this section that the defendant reasonably believed that the owner would have authorized the use had he or she known of it.

(4) Unauthorized use of a propelled vehicle is a Class III misdemeanor for the first offense, a Class I misdemeanor for the second offense, and a Class IV felony for the third and any subsequent offenses.

Notes of Decisions
Cited in 13 cases (3 in the last 5 years), 1984–2024 · leading case: State v. White, 508 N.W.2d 554 (Neb. 1993).
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State v. White, 508 N.W.2d 554 (Neb. 1993). · cites it 3× “Neb. Rev. Stat. § 28-516 (Reissue 1989), unauthorized use of a propelled vehicle, provides, in pertinent part: “(1) A person commits the offense of unauthorized operation of a propelled vehicle if he intentionally exerts unauthorized control over another’s propelled vehicle by…”
State v. Parks, 511 N.W.2d 774 (Neb. 1994). · cites it 6× “eal, Parks alleges that the trial court erred in (1) refusing to give a proposed instruction concerning unauthorized use of a propelled vehicle as a lesser-included offense of theft by receiving stolen property and (2) giving a jury instruction that authorized the jury to…”
State v. Koperski, 578 N.W.2d 837 (Neb. 1998). · cites it 2× “See Neb. Rev. Stat. § 28-516 (3) (Reissue 1995).”
State v. Beyer, 352 N.W.2d 168 (Neb. 1984). · cites it 2× “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 misdemeanor), the severity of the punishment for all theft offenses is…”
State v. Baker, 435 N.W.2d 202 (Neb. 1989). · cites it 4× “This evidence, and the remainder of the evidence contained in the record, when “viewed and construed most favorably to the State,” is sufficient to sustain the verdict of guilty returned by the jury. The appellant next assigns as error the failure of the district court to give a…”
State v. LeFever, 970 N.W.2d 792 (Neb. Ct. App. 2022). · cites it 2× “The State filed Form VII with the county court on December 20, 2019, and a motion to continue and a transportation motion were also filed the same day. Following an arraignment held on January 6, 2020, and a preliminary hearing held on January 22, LeFever was bound over to the…”
State v. Keyanna R. (In Re Interest of Keyanna R.), 299 Neb. 356 (Neb. 2018). · cites it 2× “The charges stemmed from an incident in which Keyanna, with a group of friends, took the vehicle of another juvenile's parent without permission and drove it to Texas. The vehicle was recovered in Ellsworth, Kansas.”
In re Interest of Keyanna R., 299 Neb. 356 (Neb. 2018). · cites it 2× “Neb. Rev. Stat. § 28-516 (Reissue 2016). The charges stemmed from an incident in which Keyanna, with a group of friends, took the vehicle of another juvenile’s parent without permission and drove it to Texas.”
State v. Farley (Neb. Ct. App. 2020). · cites it 2× “BACKGROUND On June 12, 2018, the State filed a complaint charging Farley with one count of unauthorized use of a propelled vehicle, a Class III misdemeanor, pursuant to Neb. Rev. Stat. § 28-516 (Reissue 2016). A probable cause affidavit indicated that a “1929 Gold Model A Ford”…”
State v. Fay (Neb. Ct. App. 2023). · cites it 2× “§ 60-6 ,213 and § 60-6,215 (Reissue 2021); one count of unauthorized use of a propelled vehicle, first offense, a Class III misdemeanor pursuant to Neb. Rev. Stat § 28-516 (Reissue 2016); and one count of third degree domestic assault, first offense, a Class I misdemeanor…”
State v. LeFever (Neb. Ct. App. 2024). · cites it 2× “§ 28-519 (1)(a) (Reissue 2016); and count V, unauthorized use of a motor vehicle, a Class III misdemeanor, pursuant to Neb. Rev. Stat. § 28-516 (1) (Reissue 2016).”
State v. Lee, 369 N.W.2d 645 (Neb. 1985). · cites it 2× “07 (Reissue 1984), a Class IV felony, and to a charge of unauthorized use of a propelled vehicle in violation of Neb. Rev. Stat. § 28-516 (Reissue 1979), a Class III misdemeanor.”
Show all 13 citing cases →
— Neb. Rev. Stat. § 28-516(1) — 1 case
State v. Parks, 511 N.W.2d 774 (Neb. 1994). “eal, Parks alleges that the trial court erred in (1) refusing to give a proposed instruction concerning unauthorized use of a propelled vehicle as a lesser-included offense of theft by receiving stolen property and (2) giving a jury instruction that authorized the jury to…”
— Neb. Rev. Stat. § 28-516(4) — 1 case
State v. Beyer, 352 N.W.2d 168 (Neb. 1984). “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 misdemeanor), the severity of the punishment for all theft offenses is…”
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