(1) For purposes of this section:
(a) Tamper means to interfere with, displace, remove, damage, disable, destroy, set fire to, impair, or otherwise interfere with something without lawful authority or express permission; and
(b) Rail infrastructure means any of the following that are located on railroad property or that are owned, leased, possessed, operated, or otherwise used for or in connection with railroad operations: A train, locomotive, freight or passenger car, or any other on-track vehicle or equipment; any railroad track or structure; any signaling or communication system or component; or any station, terminal, depot, or other facility.
(2) A person commits criminal mischief if he or she:
(a) Damages property of another intentionally or recklessly;
(b) Intentionally tampers with property of another so as to endanger person or property; or
(c) Intentionally or maliciously causes another to suffer pecuniary loss by deception or threat.
(3) Criminal mischief is a Class III felony if the actor acts intentionally or maliciously with the intent to cause a substantial interruption or impairment of:
(a) Any rail infrastructure;
(b) Any telecommunication or broadband communication service; or
(c) The supply of water, gas, or power.
(4) Criminal mischief is a Class IV felony if the actor intentionally or maliciously causes pecuniary loss of five thousand dollars or more.
(5) Criminal mischief is a Class I misdemeanor if the actor intentionally or maliciously causes pecuniary loss of one thousand five hundred dollars or more but less than five thousand dollars.
(6) Criminal mischief is a Class II misdemeanor if the actor intentionally or maliciously causes pecuniary loss of five hundred dollars or more but less than one thousand five hundred dollars.
(7) Criminal mischief is a Class III misdemeanor if the actor intentionally, maliciously, or recklessly causes pecuniary loss in an amount of less than five hundred dollars, or if his or her action results in no pecuniary loss.
Notes of Decisions
Cited in
46
cases (
11 in the last 5 years), 1947–2025 · leading case:
State v. Pierce, 439 N.W.2d 435 (Neb. 1989).
State v. Pierce, 439 N.W.2d 435 (Neb. 1989).
· cites it 21× “A jury convicted Randy Pierce of criminal mischief in violation of Neb. Rev. Stat. § 28-519 (l)(a) (Reissue 1985).”
State v. Raatz, 294 Neb. 852 (Neb. 2016).
· cites it 6× “See Neb. Rev. Stat. § 28-519 (Reissue 2008). He contends that the district court erred in failing to retro- actively apply statutory amendments from 2015 Neb.”
In Re Interest of Laurance S., 742 N.W.2d 484 (Neb. 2007).
· cites it 2× “On August 30, separate juvenile petitions were filed in the county court for Dodge County, alleging that appellants had committed the Class IV felony of criminal mischief in violation of Neb. Rev. Stat. § 28-519 (Cum. Supp. 2006).”
State v. Wells, 598 N.W.2d 30 (Neb. 1999).
· cites it 4× “NATURE OF CASE Richard Wells, appellant, was convicted by a jury of three counts of criminal mischief, a Class IV felony, in violation of Neb. Rev. Stat. § 28-519 (2) (Reissue 1995).”
State v. Flye, 513 N.W.2d 526 (Neb. 1994).
· cites it 6× “STATEMENT OF CASE In this criminal proceeding the district court, pursuant to verdict, adjudged the defendant-appellant, Lavell Dean Flye, guilty of criminal mischief, in violation of Neb. Rev. Stat. § 28-519 (Reissue 1989); found him to be a habitual criminal, as defined in Neb.”
State v. Schaaf, 449 N.W.2d 762 (Neb. 1989).
· cites it 4× “Consequently, Schaaf's assignments of error that the information is insufficient on account of a failure to state the exact date of the criminal appropriation and the value of the property criminally appropriated are without merit.”
State v. Clayburn, 389 N.W.2d 314 (Neb. 1986).
· cites it 5× “§ 28-310 (Reissue 1985) and one count of criminal mischief in violation of Neb. Rev. Stat. § 28-519 (l)(a) (Reissue 1985).”
State v. Peters, 435 N.W.2d 675 (Neb. 1989).
· cites it 4× “(See Neb.Rev.Stat. §§ 28-519 and 28-201(4)(d) (Reissue 1985).”
State v. Richter, 371 N.W.2d 125 (Neb. 1985).
· cites it 5× “Upon pleas of no contest to felonious destruction of property and misdemeanor destruction of property in violation of Neb. Rev. Stat. § 28-519 (Reissue 1979), the defendant was sentenced to imprisonment for 1 to 2 years on count I and 6 months on count II, the sentences to run…”
In Re Interest of Torrey B., 577 N.W.2d 310 (Neb. Ct. App. 1998).
· cites it 3× “4126 On December 3, 1996, a deputy Douglas County Attorney filed a petition in the separate juvenile court of Douglas County, alleging that on December 1, the juvenile had committed 23 counts of intentionally or recklessly causing damage of more than $100 but less than $300 to…”
State v. Segura, 660 N.W.2d 512 (Neb. 2003).
· cites it 3× “” Neb. Rev. Stat. § 28-519 (1) (Cum. Supp. 2002).”
State v. Boslau, 601 N.W.2d 769 (Neb. 1999).
· cites it 2× “See Neb. Rev. Stat. § 28-519 (2) (Reissue 1995).”
— Neb. Rev. Stat. § 28-519(1) — 2 cases
State v. Pierce, 439 N.W.2d 435 (Neb. 1989).
“A jury convicted Randy Pierce of criminal mischief in violation of Neb. Rev. Stat. § 28-519 (l)(a) (Reissue 1985).”
— Neb. Rev. Stat. § 28-519(1)(a) — 1 case
— Neb. Rev. Stat. § 28-519(2) — 4 cases
State v. Pierce, 439 N.W.2d 435 (Neb. 1989).
“A jury convicted Randy Pierce of criminal mischief in violation of Neb. Rev. Stat. § 28-519 (l)(a) (Reissue 1985).”
State v. Wells, 598 N.W.2d 30 (Neb. 1999).
“NATURE OF CASE Richard Wells, appellant, was convicted by a jury of three counts of criminal mischief, a Class IV felony, in violation of Neb. Rev. Stat. § 28-519 (2) (Reissue 1995).”
State v. Richter, 371 N.W.2d 125 (Neb. 1985).
“Upon pleas of no contest to felonious destruction of property and misdemeanor destruction of property in violation of Neb. Rev. Stat. § 28-519 (Reissue 1979), the defendant was sentenced to imprisonment for 1 to 2 years on count I and 6 months on count II, the sentences to run…”
— Neb. Rev. Stat. § 28-519(3) — 3 cases
State v. Clayburn, 389 N.W.2d 314 (Neb. 1986).
“§ 28-310 (Reissue 1985) and one count of criminal mischief in violation of Neb. Rev. Stat. § 28-519 (l)(a) (Reissue 1985).”
State v. Richter, 371 N.W.2d 125 (Neb. 1985).
“Upon pleas of no contest to felonious destruction of property and misdemeanor destruction of property in violation of Neb. Rev. Stat. § 28-519 (Reissue 1979), the defendant was sentenced to imprisonment for 1 to 2 years on count I and 6 months on count II, the sentences to run…”
— Neb. Rev. Stat. § 28-519(4) — 1 case
State v. Clayburn, 389 N.W.2d 314 (Neb. 1986).
“§ 28-310 (Reissue 1985) and one count of criminal mischief in violation of Neb. Rev. Stat. § 28-519 (l)(a) (Reissue 1985).”
— Neb. Rev. Stat. § 28-519(5) — 2 cases
— Neb. Rev. Stat. § 28-519(l)(a) — 2 cases
State v. Pierce, 439 N.W.2d 435 (Neb. 1989).
“A jury convicted Randy Pierce of criminal mischief in violation of Neb. Rev. Stat. § 28-519 (l)(a) (Reissue 1985).”
State v. Clayburn, 389 N.W.2d 314 (Neb. 1986).
“§ 28-310 (Reissue 1985) and one count of criminal mischief in violation of Neb. Rev. Stat. § 28-519 (l)(a) (Reissue 1985).”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.