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

Neb. Rev. Stat. § 28-519 (2026)

Criminal mischief; penalty

✓ current as of July 2026
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(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).
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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).”
State v. Jacobs, 410 N.W.2d 468 (Neb. 1987). · cites it 2× “§ 28-503 (Reissue 1985), and of criminal mischief in violation of Neb. Rev. Stat. § 28-519 (Reissue 1985). The same jury found Sam Jacobs’ son, defendant-appellant Ryan Jacobs, guilty of second degree arson.”
State v. Holecek, 621 N.W.2d 100 (Neb. 2000). · cites it 2× “Holecek pled no contest in the district court for Sarpy County to one count of criminal mischief, more than $300, a Class IV felony, in violation of Neb. Rev. Stat. § 28-519 (1) and (2) (Reissue 1995), and one count of burglary, a Class III felony, in violation of Neb.”
State v. Hays, 570 N.W.2d 823 (Neb. 1997). · cites it 2× “§ 28-1322 (Reissue 1995), and criminal mischief, Neb. Rev. Stat. § 28-519 (Reissue 1995). The trial court conducted a group arraignment, advising all defendants of their rights en masse.”
State v. Thomas, 428 N.W.2d 221 (Neb. 1988). · cites it 2× “§§ 28-511 and 28-518 (Reissue 1985), and (2) causing pecuniary loss of more than $300 by intentionally or recklessly damaging or intentionally tampering with the property of another so as to endanger a person or property, or intentionally or maliciously causing another to suffer…”
State v. Wright, 436 N.W.2d 205 (Neb. 1989). · cites it 3× “§ 28-517 (Reissue 1985), and was also convicted of criminal mischief, see Neb. Rev. Stat. § 28-519 (Reissue 1985). The district court sentenced Wright to imprisonment for both convictions, with the sentence for criminal mischief to run consecutively to the sentence for the theft…”
State v. Masilko, 409 N.W.2d 322 (Neb. 1987). · cites it 2× “Count II charged Masilko with criminal mischief in violation of Neb. Rev. Stat. § 28-519 (Reissue 1985). Because the value of the property involved was less than $100, this is a Class III misdemeanor, punishable by up to 3 months’ imprisonment, a $500 fine, or both.”
State v. Kennedy, 396 N.W.2d 722 (Neb. 1986). · cites it 2× “§ 28-310 (Reissue 1985), and one count of criminal mischief — intentional damage to another’s property, causing pecuniary loss in excess of $100 but less than $300, see Neb. Rev. Stat. § 28-519 (l)(a) and (3) (Reissue 1985), which is a Class II misdemeanor.”
State v. Wells, 28 Neb. Ct. App. 118 (Neb. Ct. App. 2020). · cites it 2× “), a Class I misdemeanor, pursuant to § 28-310 (count VI); and “Criminal Mischief $500- $1,500,” a Class II misdemeanor, pursuant to Neb. Rev. Stat. § 28-519 (1) and (4) (Reissue 2016) (count VII).”
Commonwealth v. Deberry, 804 N.E.2d 911 (Mass. 2004). “§ 45-6-101 (2003); Neb. Rev. Stat. Ann. § 28-519 (LexisNexis 2003); N.”
State v. Lafler, 399 N.W.2d 808 (Neb. 1987). · cites it 2× “The judgment on count IV, a charge of criminal mischief pursuant to Neb. Rev. Stat. § 28-519 (4) (Reissue 1985), alleging the defendant damaged property in the amount of $100 or less, is affirmed.”
State v. Kirby, 25 Neb. Ct. App. 10 (Neb. Ct. App. 2017). · cites it 3× “10 a pecuniary loss over $1,500, a Class IV felony, pursuant to Neb. Rev. Stat. § 28-519 (1) and (2) (Reissue 2008); (2) ter- roristic threats, a Class IV felony, pursuant to Neb.”
State v. LeFever, 970 N.W.2d 792 (Neb. Ct. App. 2022). · cites it 2× “§ 28-905 (3)(a)(iii) (Reissue 2016); count IV, criminal ­mischief, in violation of Neb. Rev. Stat. § 28-519 (1)(a) (Reissue 2016); and count V, unauthorized use of a motor vehicle, in violation of - 566 - Nebraska Court of Appeals Advance Sheets 30 Nebraska Appellate Reports…”
Gamron v. Jones, 28 N.W.2d 403 (Neb. 1947). · cites it 4× “He charged that the judgment was null and void in that under section 28-519, R. S. 1943 (the chicken-stealing statute), the maximum sentence which could be imposed on him was one year; that he had served more than one year; and that the district court for Washington County was…”
State v. Flye, 507 N.W.2d 493 (Neb. Ct. App. 1993). · cites it 10× “Neb.Rev.Stat. § 28-519 (Reissue 1989). Pecuniary loss is not an element of the crime of criminal mischief.”
State v. Hurst, 594 N.W.2d 303 (Neb. Ct. App. 1999). · cites it 2× “See Neb. Rev. Stat. §§ 28-519 and 28-106 (Reissue 1995).”
In re Interest of Skylar E., 831 N.W.2d 358 (Neb. Ct. App. 2013). · cites it 2× “In this case, the juvenile court acquired jurisdiction of Skylar pursuant to § 43-247(1) because Skylar was adjudi- cated for violating Neb. Rev. Stat. § 28-519 (1)(a) (Reissue 2008), property damage, after punching the wall at the Madison Detention Center.”
State v. Larkin, 383 N.W.2d 804 (Neb. 1986). · cites it 2× “*399 Neb. Rev. Stat. § 28-519 (Cum. Supp. 1984) states that one commits felony criminal mischief if he or she, among other things, intentionally or recklessly damages the property of another such as to cause a pecuniary loss in excess of $300.”
State v. Jones, 355 N.W.2d 227 (Neb. 1984). “§ 28-519(2) (Reissue 1979). We have now reviewed the record and find that the claim of error is without merit, and accordingly affirm the judgment and sentence imposed by the trial court.”
State v. Wallace, 390 N.W.2d 530 (Neb. 1986). · cites it 2× “§§ 28-201 and 28-931 (Reissue 1985); and criminal mischief in violation of Neb. Rev. Stat. § 28-519 (Reissue 1985). He was thereafter sentenced to the Nebraska Penal and Correctional Complex for 1 year on the third degree assault conviction, 1 year on the attempted third degree…”
State v. Yanga (Neb. Ct. App. 2016). · cites it 5× “JURY INSTRUCTIONS (a) Pecuniary Loss In his assignment of error regarding the jury instructions, Yanga asserts §28-519, the statute upon which the criminal mischief charge was based, is unconstitutionally vague.”
State v. Payne (Neb. Ct. App. 2024). · cites it 5× “BACKGROUND On October 27, 2021, Payne was charged by complaint in the county court with one count of criminal mischief causing a pecuniary loss of $1,500 or more but less than $5,000, a Class I misdemeanor, pursuant to Neb. Rev. Stat. § 28-519 (3) (Reissue 2016), and one count…”
State v. Rodriguez-Padron (Neb. Ct. App. 2025). · cites it 5× “); Neb. Rev. Stat. § 28-519 (3) (Reissue 2016).”
In re Interest of Colton S. (Neb. Ct. App. 2024). · cites it 4× “§ 28-1322 (Reissue 2016), and that he intentionally or maliciously or recklessly damaged the property of Granquist causing pecuniary -1- loss less than $500, in violation of Neb. Rev. Stat. § 28-519 (Reissue 2016). Colton entered a denial to the allegations in the petition and…”
State v. Fay (Neb. Ct. App. 2023). · cites it 3× “A-22-911, charging Fay with four counts: one count of criminal mischief (more than $5,000), a Class IV felony pursuant to Neb. Rev. Stat. § 28-519 (Reissue 2016); one count of reckless driving, first offense, a Class III misdemeanor pursuant to Neb.”
State v. Esch (Neb. Ct. App. 2013). · cites it 4× “Neb. Rev. Stat. § 28-519 (Reissue 2008). Criminal mischief is a felony if the defendant caused pecuniary loss of $1,500 or more.”
State v. Manka (Neb. Ct. App. 2023). · cites it 2×
State v. Blackhawk (Neb. Ct. App. 2024). · cites it 2×
State v. LeFever (Neb. Ct. App. 2024). · cites it 2×
State v. Bonar (Neb. Ct. App. 2025). · cites it 2× “); Neb. Rev. Stat. § 28-519 (5) (Reissue 2016).”
State v. Sibal (Neb. Ct. App. 2025). · cites it 2× “§ 60-6 ,214 (Reissue 2021); Neb. Rev. Stat. § 28-519 (4) (Reissue 2016).”
In re Interest of Zachary H. (Neb. Ct. App. 2025). · cites it 2× “BACKGROUND The July 24, 2024, petition filed against Zachary alleged two counts of criminal mischief, $5,000 or more, pursuant to Neb. Rev. Stat. § 28-519 (2) (Reissue 2016), a Class IV felony.”
State v. Esch (Neb. 2015). · cites it 3×
United States v. Shane L. Borer (8th Cir. 2005).
United States v. Shane L. Borer (8th Cir. 2005).
— 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).”
State v. Kirby, 25 Neb. Ct. App. 10 (Neb. Ct. App. 2017). “10 a pecuniary loss over $1,500, a Class IV felony, pursuant to Neb. Rev. Stat. § 28-519 (1) and (2) (Reissue 2008); (2) ter- roristic threats, a Class IV felony, pursuant to Neb.”
— Neb. Rev. Stat. § 28-519(1)(a) — 1 case
In re Interest of Colton S. (Neb. Ct. App. 2024). “§ 28-1322 (Reissue 2016), and that he intentionally or maliciously or recklessly damaged the property of Granquist causing pecuniary -1- loss less than $500, in violation of Neb. Rev. Stat. § 28-519 (Reissue 2016). Colton entered a denial to the allegations in the petition and…”
— 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…”
State v. Jones, 355 N.W.2d 227 (Neb. 1984). “§ 28-519(2) (Reissue 1979). We have now reviewed the record and find that the claim of error is without merit, and accordingly affirm the judgment and sentence imposed by the trial court.”
— 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…”
State v. Rodriguez-Padron (Neb. Ct. App. 2025). “); Neb. Rev. Stat. § 28-519 (3) (Reissue 2016).”
— 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
State v. Payne (Neb. Ct. App. 2024). “BACKGROUND On October 27, 2021, Payne was charged by complaint in the county court with one count of criminal mischief causing a pecuniary loss of $1,500 or more but less than $5,000, a Class I misdemeanor, pursuant to Neb. Rev. Stat. § 28-519 (3) (Reissue 2016), and one count…”
In re Interest of Colton S. (Neb. Ct. App. 2024). “§ 28-1322 (Reissue 2016), and that he intentionally or maliciously or recklessly damaged the property of Granquist causing pecuniary -1- loss less than $500, in violation of Neb. Rev. Stat. § 28-519 (Reissue 2016). Colton entered a denial to the allegations in the petition and…”
— 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).”
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