Nebraska Extortion Laws: Theft by Extortion and Penalties (2026)

Blackmail is a crime in Nebraska, charged as "theft by extortion." Under Neb. Rev. Stat. 28-513, a person commits theft by obtaining property, money or another thing of value of another by threatening bodily injury or another crime, an accusation, exposure of a secret, official action, a strike or boycott, testimony, or the distribution of an intimate image, and the offense is graded by value under 28-518, from a Class II misdemeanor up to a Class IIA felony.

Information last verified on October 17, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Nebraska criminal statutes on theft by extortion (Neb. Rev. Stat. 28-513 and 28-518), threatening to distribute an intimate image (28-311.08(5)), intimidation by telephone call or electronic communication (28-1310) and terroristic threats (28-311.01), with the penalty classes in 28-105 and 28-106. It does not cover what to do if you are being threatened or how to get images removed (see our sextortion scams guide), the distribution of intimate images as its own offense (see revenge porn laws by state), federal offenses (covered on our extortion and blackmail laws by state hub), or city and county ordinances.

What is extortion in Nebraska?

Nebraska treats extortion as a form of theft. Chapter 28 of the Nebraska Revised Statutes, the criminal code, contains no offense titled blackmail; the conduct people call blackmail is theft by extortion under 28-513. Its first subsection reads: "A person commits theft if he or she obtains property, money, or other thing of value of another by threatening to" do one of seven listed things.

The offense turns on obtaining property, money or another thing of value. A demand that does not succeed can still be charged as criminal attempt under 28-201, which covers intentional conduct that "constitutes a substantial step in a course of conduct intended to culminate in his or her commission of the crime." Attempt is graded one class below the completed offense: attempting a Class IIA felony is a Class IIIA felony, and attempting a Class IV felony is a Class I misdemeanor.

Because theft by extortion is a theft offense, its grade depends on the value of what was obtained, under the same grading statute, 28-518, that applies to other theft offenses in sections 28-509 to 28-518. Our Nebraska theft laws page covers theft grading in general.

What kinds of threats count?

Under 28-513(1), the threat must be to:

1. "(a) Inflict bodily injury on anyone or commit any other criminal offense;"
2. "(b) Accuse anyone of a criminal offense;"
3. "(c) Expose any secret tending to subject any person to hatred, contempt or ridicule, or to impair his or her credit or business repute;"
4. "(d) Take or withhold action as an official, or cause an official to take or withhold action;"
5. "(e) Bring about or continue a strike, boycott, or other collective unofficial action, if the property, money, or other thing of value is not demanded or received for the benefit of the group in whose interest the actor purports to act;"
6. "(f) Testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or"
7. "(g) Distribute or otherwise make public an image or video of a person's intimate area or of a person engaged in sexually explicit conduct without that person's consent."

Nebraska extortion penalties

The felony ranges come from Neb. Rev. Stat. 28-105(1), which sets a maximum of twenty years imprisonment, with no minimum, for a Class IIA felony, and a maximum of two years imprisonment and twelve months of post-release supervision, or a ten thousand dollar fine, or both, for a Class IV felony. The misdemeanor ranges come from 28-106(1). Under 28-518(9), "In any prosecution for theft under sections 28-509 to 28-518, value shall be an essential element of the offense that must be proved beyond a reasonable doubt." The misdemeanor rows show first offenses. Under 28-518(5)-(7), a second or later conviction in the over-$500-to-under-$1,500 tier is a Class IV felony, and in the $500-or-less tier a second conviction is a Class I misdemeanor and a third or later conviction is a Class IV felony, counting prior convictions within the previous ten years. Under 28-518(8), "Amounts taken pursuant to one scheme or course of conduct from one or more persons may be aggregated in the indictment or information in determining the classification of the offense, except that amounts may not be aggregated into more than one offense."

Is extortion a felony in Nebraska?

Theft by extortion is a felony when the value of the thing involved is $1,500 or more: a Class IV felony from $1,500 to under $5,000 and a Class IIA felony at $5,000 or more. Below $1,500 it is generally a misdemeanor, but under 28-518(5)-(7) a second or later conviction in the over-$500-to-under-$1,500 tier, or a third or later conviction in the $500-or-less tier, is a Class IV felony, counting prior convictions within the previous ten years. A failed demand charged as criminal attempt under 28-201 is graded one class lower, so attempted theft by extortion at the Class IIA felony level is a Class IIIA felony. Threatening to distribute an intimate image under 28-311.08(5) is a Class I misdemeanor.

Threats to sue, report someone, or expose a secret

Nebraska's threat list includes threats to "Accuse anyone of a criminal offense," to "Expose any secret tending to subject any person to hatred, contempt or ridicule, or to impair his or her credit or business repute," and to "Take or withhold action as an official, or cause an official to take or withhold action." For those three threats, 28-513(2) sets out an affirmative defense:

"It is an affirmative defense to prosecution based on subdivision (1)(b), (1)(c), or (1)(d) of this section that the property, money, or other thing of value obtained by threat of accusation, exposure, lawsuit, or other invocation of official action was honestly claimed as restitution or indemnification for harm done in the circumstances to which such accusation, exposure, lawsuit, or other official action relates, or as compensation for property or lawful services."

By its terms, the defense applies only to prosecutions based on subdivisions (1)(b), (1)(c) and (1)(d). It does not name the bodily-injury, strike, testimony or intimate-image threats. Whether it applies to a particular demand is a question for a lawyer licensed in Nebraska.

Sextortion in Nebraska

Chapter 28 contains no offense titled sextortion or sexual extortion. Three provisions reach threats involving intimate images, and a fourth applies where the person pressured is a minor:

• Theft by extortion, 28-513(1)(g). Obtaining property, money or another thing of value by threatening to "Distribute or otherwise make public an image or video of a person's intimate area or of a person engaged in sexually explicit conduct without that person's consent" is theft by extortion, graded by value under 28-518.
• Threat to distribute, 28-311.08(5). "It shall be unlawful for any person to threaten to distribute or otherwise make public an image or video of another person's intimate area or of another person engaged in sexually explicit conduct with the intent to intimidate, threaten, or harass any person. Violation of this subsection is a Class I misdemeanor." This subsection contains no demand or value element.
• Electronic extortion attempts, 28-1310(1)(c). Attempting to extort property, money or another thing of value through a telephone call or electronic communication sent directly to an individual, with intent to intimidate, threaten or harass, is a Class III misdemeanor.
• Where the person pressured is a minor, 28-1805(3). "It shall be unlawful for a person to knowingly employ, force, authorize, induce, or otherwise cause a child to appear or be depicted in any child sexual abuse material." A child is an individual under 18. For an offender 19 or older it is a Class ID felony for each offense (up to 50 years, with a three-year mandatory minimum), a Class III felony for an offender under 19, and a Class IC felony for a person previously convicted of a covered offense.

If you or someone you know is being threatened with the release of images, our sextortion scams guide covers reporting and removal steps. For Nebraska rules on AI-generated images, see Nebraska deepfake laws, and for image-sharing crimes nationwide, revenge porn laws by state.

Related Nebraska offenses people confuse with extortion

• Terroristic threats, 28-311.01. This offense needs no demand for property. A person commits terroristic threats "if he or she threatens to commit any crime of violence: (a) With the intent to terrorize another; (b) With the intent of causing the evacuation of a building, place of assembly, or facility of public transportation; or (c) In reckless disregard of the risk of causing such terror or evacuation." It is a Class IIIA felony, punishable by up to three years imprisonment and eighteen months of post-release supervision, or a fine of up to $10,000, or both (28-105).
• Intimidation by telephone call or electronic communication, 28-1310. Covered in the table above; besides attempted extortion, the section lists other conduct carried out with intent to intimidate, threaten or harass.

Recent changes

• 2026: LB935 (approved April 14, 2026, operative July 18, 2026) amended 28-311.08. The text of subsection (5), the threat-to-distribute offense, is the same in the LB935 slip law.
• 2019: LB630 (Laws 2019) amended both 28-513 and 28-1310.

Federal law

Federal law also reaches interstate threats and extortion, separately from Nebraska's statutes; our extortion laws hub covers the federal offenses.

Related pages

• Extortion and blackmail laws by state
• Nebraska theft laws
• Nebraska deepfake laws
• Nebraska scam and fraud laws
• Sextortion scams: what to do
• Kansas extortion laws
• Iowa extortion laws

This article provides general legal information about Nebraska criminal statutes as of October 17, 2026. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Nebraska.

Last updated: October 17, 2026.

Frequently Asked Questions

Is blackmail illegal in Nebraska?

Yes. Nebraska has no offense named blackmail, but obtaining property, money or another thing of value of another by a threat listed in Neb. Rev. Stat. 28-513(1), such as accusing someone of a crime or exposing a secret, is theft by extortion.

Is extortion a felony in Nebraska?

Theft by extortion is a Class IV felony when the value is $1,500 to under $5,000 and a Class IIA felony (up to 20 years) at $5,000 or more. Below $1,500 it is a misdemeanor for a first offense, but repeat convictions in those lower tiers can be a Class IV felony under 28-518(5)-(7).

Is threatening to post someone's intimate photos a crime in Nebraska?

Yes. Threatening to distribute or make public an image or video of another person's intimate area or of another person engaged in sexually explicit conduct, with intent to intimidate, threaten or harass, is a Class I misdemeanor under 28-311.08(5). Obtaining a thing of value through that threat is theft by extortion under 28-513(1)(g), graded by value.

Does Nebraska have a sextortion law?

Chapter 28 has no offense titled sextortion. Threats involving intimate images are covered by theft by extortion (28-513(1)(g)), the threat-to-distribute offense in 28-311.08(5), and intimidation by telephone call or electronic communication (28-1310). Where the person pressured is a minor, causing a child to appear or be depicted in child sexual abuse material is a felony under 28-1805(3).

Is it extortion in Nebraska to demand compensation by threatening to report someone?

Section 28-513(2) makes it an affirmative defense to a prosecution based on the accusation, secret-exposure or official-action threats that the thing obtained was honestly claimed as restitution or indemnification for harm done in the related circumstances, or as compensation for property or lawful services.