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Nebraska Theft Laws: $1,500 Felony Line, Shoplifting and Penalties

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Independently fact-checked against primary sources (last audited October 14, 2026). · 23 primary sources cited on this page. How we verify our legal content

Nebraska Theft Laws: $1,500 Felony Line, Shoplifting and Penalties

In Nebraska, theft becomes a felony when the value of the thing involved is "one thousand five hundred dollars or more" (Neb. Rev. Stat. 28-518(2)), so property worth exactly $1,500 is a Class IV felony. Below that, theft is a Class I misdemeanor at more than $500 and a Class II misdemeanor at $500 or less, but repeat convictions within ten years can raise those lower tiers to a felony. Shoplifting is charged as theft by shoplifting under 28-511.01 and graded on the same scale. For other states, see our guide to theft laws by state.

Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Nebraska state theft law in the Nebraska Revised Statutes: the consolidated theft sections 28-509 to 28-518, related offenses in Chapter 28, organized retail crime (28-525 to 28-527), merchant detention (29-402.01), the penalty sections 28-105 and 28-106, and the habitual criminal statute 29-2221. It does not cover federal theft offenses, city or county ordinances, or identity theft and fraud schemes, which have their own pages linked below.

What counts as theft in Nebraska

Nebraska treats theft as one consolidated offense. Under 28-510, "Conduct denominated theft in sections 28-509 to 28-518 constitutes a single offense embracing the separated offenses heretofore known as larceny, embezzlement, false pretense, extortion, blackmail, fraudulent conversion, receiving stolen property, and the like."

The basic form is theft by unlawful taking in 28-511(1): "A person is guilty of theft if he or she takes, or exercises control over, movable property of another with the intent to deprive him or her thereof." Under 28-509(1), "deprive" means to withhold property "permanently or for so extended a period as to appropriate a major portion of its economic value, or with intent to restore only upon payment of reward or other compensation," or to dispose of it "so as to create a substantial risk that the owner will not recover it in the condition it was when the actor obtained it."

The other forms of theft in the same group include theft by deception (28-512), theft by extortion (28-513), theft of property lost, mislaid or delivered by mistake (28-514, which has its own, lower penalty scale; see below), theft of services (28-515) and theft by receiving stolen property (28-517). Section 28-511(4) also makes it theft to fail to return a rented or leased motor vehicle "within seventy-two hours of written demand for return of the vehicle made upon him or her by certified mail," or to use "a fraudulent or stolen credit card to rent or lease a vehicle."

Nebraska theft penalties by value

The value tiers come from 28-518(1) through (4). The penalties come from 28-105(1) for felonies and 28-106(1) for misdemeanors.

Nebraska theft and shoplifting laws: degrees of theft

Value of the thing involvedGradeStatutory penalty range
$500 or lessClass II misdemeanorUp to 6 months, a $1,000 fine, or both
More than $500 but less than $1,500Class I misdemeanorNot more than 1 year, a $1,000 fine, or both
$1,500 or more but less than $5,000Class IV felonyUp to 2 years and 12 months of post-release supervision, a $10,000 fine, or both; no minimum
$5,000 or moreClass IIA felonyUp to 20 years; no minimum

Exactly $500 is a Class II misdemeanor, because the Class I tier starts at "more than five hundred dollars." Exactly $1,500 and exactly $5,000 fall in the higher tier, because those lines use "or more."

Value matters at trial. 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."

These are the ordinary statutory ranges. Section 28-105(3) states that nothing in it limits the authority in 29-2221 and 29-2222 "to increase sentences for habitual criminals." Under 29-2221(1), a person twice convicted, sentenced and committed to prison for terms of not less than one year each is a habitual criminal upon conviction of a felony. The habitual criminal sentence is generally a mandatory minimum of ten years and a maximum of sixty, but under 29-2221(1)(c), when the new felony violates "sections 28-509 to 28-518 and all of the habitual criminal's prior felony convictions are also violations of such subsection or sections" (the provision also covers a drug subsection, 28-416(3), and similar statutes of another state or the United States), "the mandatory minimum term shall be three years and the maximum term not more than twenty years."

Repeat convictions and aggregation

Section 28-518 has its own repeat-offense rules:

ConvictionResulting grade
Second or subsequent conviction for theft of more than $500 but less than $1,500Class IV felony (28-518(5))
Second conviction for theft of $500 or lessClass I misdemeanor (28-518(6))
Third or subsequent conviction for theft of $500 or lessClass IV felony (28-518(6))

Under 28-518(7), "For a prior conviction to be used to enhance the penalty under subsection (5) or (6) of this section, the prior conviction must have occurred no more than ten years prior to the date of commission of the current offense."

On aggregation, 28-518(8) provides: "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."

Shoplifting in Nebraska

Nebraska names the offense theft by shoplifting. Under 28-511.01(1), a person commits it when, "with the intent of appropriating goods or merchandise to his or her own use without paying for the goods or merchandise or to deprive the owner of possession of such goods or merchandise or its retail value, in whole or in part," the person:

  • conceals or takes possession of the goods or merchandise of any store or retail establishment;
  • alters the price tag or other price marking;
  • transfers the goods or merchandise from one container to another;
  • interchanges the label or price tag of one item with that of another;
  • causes the cash register or other sales recording device "to reflect less than the retail price"; or
  • "Alters, bypasses, disables, shields, or removes any security or alarm device attached to or housing any goods or merchandise of any store, including the use or possession of a security device countermeasure as defined in section 28-511.03, prior to purchase of the goods or merchandise."

Section 28-511.01 sets no grade of its own. It sits within sections 28-509 to 28-518, which 28-510 treats as a single theft offense and 28-518 grades by value, so the same dollar tiers and repeat-conviction rules described above apply to theft by shoplifting. Under 28-511.01(2), photographs of shoplifted property, with a written statement describing the property, owner, time and place, may be accepted "as prima facie evidence as to the identity of the property," so the owner can use the property while the case is pending.

Under 28-511.03, it is unlawful for anyone other than an authorized agent of a store to possess, in that store, "any security device countermeasure," defined as "a device which bypasses, disables, or removes an electronic or magnetic theft alarm sensor." A violation is a Class II misdemeanor.

Organized retail crime

LB 559, approved by the Governor on May 20, 2025, created the offense of organized retail crime, now codified at 28-525 to 28-527. "Organized retail crime" means "the theft of retail merchandise with the intent or purpose of: (a) Reselling, distributing, or otherwise reentering the retail merchandise in commerce; or (b) Transferring the stolen retail merchandise to another retailer or to any other person in exchange for anything of value" (28-525(2)).

Under 28-526, a person commits the offense, "acting alone or in association with another person," by knowingly committing an organized retail crime; organizing, supervising, financing or managing or assisting another in one; defeating an antishoplifting or inventory-control device to prevent its activation or to help another commit one; conspiring to commit one; receiving, purchasing or possessing retail merchandise for sale or resale "if a reasonable person would know such retail merchandise to be stolen"; using any artifice, instrument, container or device to facilitate one; or knowingly setting off, deactivating or preventing a fire exit alarm "in the commission of an organized retail crime or to facilitate the commission of an organized retail crime by another person."

The grades in 28-527 follow the aggregated retail market value:

Aggregated retail market valueGrade
$5,000 or moreClass IIA felony
$1,500 or more but less than $5,000Class IV felony
More than $500 but less than $1,500Class I misdemeanor; a second or subsequent conviction in this tier is a Class IV felony if the prior conviction was no more than ten years before the current offense

Aggregated retail market value is calculated "based on the price at which the retail merchandise would ordinarily be sold by a retailer in the ordinary course of business," or, if that cannot be reasonably ascertained, the replacement cost (28-525(1)). Amounts taken under one organized retail crime scheme from one or more persons may be aggregated, "except that amounts shall not be aggregated into more than one offense" (28-527(4)).

Merchant detention

Under 29-402.01, "A peace officer, a merchant, or a merchant's employee who has probable cause for believing that goods held for sale by the merchant have been unlawfully taken by a person and that he can recover them by taking the person into custody may, for the purpose of attempting to effect such recovery, take the person into custody and detain him in a reasonable manner for a reasonable length of time." Such a detention "shall not render such peace officer, merchant, or merchant's employee criminally or civilly liable for slander, libel, false arrest, false imprisonment, or unlawful detention."

Can a store demand money after shoplifting in Nebraska?

Nebraska once had a statute giving merchants a civil claim for damages from shoplifting, Neb. Rev. Stat. 25-21,194. LB 71, approved March 7, 2019, outright repealed it; the bill describes itself as an act "to eliminate a civil cause of action for damages from shoplifting." The official statute page for 25-21,194 now reads "Repealed. Laws 2019, LB71, § 3."

A lawyer licensed in Nebraska can advise on any specific demand letter or claim.

Other theft offenses with their own grades

These offenses in Chapter 28 carry grades set outside the 28-518 value ladder:

Nebraska theft and shoplifting laws: civil demand letters

OffenseNeb. Rev. Stat.Grade
Unauthorized use of a propelled vehicle (automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle)28-516Class III misdemeanor for a first offense, Class I misdemeanor for a second, Class IV felony for a third or later
Possessing, receiving, retaining or disposing of a stolen firearm, knowing or believing it was stolen, or when the person should have known or had reasonable cause to believe it was stolen28-1212.03Class IIA felony, unless done with intent to restore it to the owner
Theft of telecommunications service devices and tampering28-515.01Class II misdemeanor
Bypassing a utility meter for electricity, gas or water, or reconnecting disconnected service without consent28-515.02Class III misdemeanor
Possessing a security device countermeasure in a store28-511.03Class II misdemeanor
Theft of property lost, mislaid or delivered by mistake28-514One classification below the 28-518 grade for its value; at $500 or less, Class III misdemeanor for a first conviction, Class II for a second and Class I for a third or later
Knowing and intentional exploitation of a vulnerable adult or senior adult (including the wrongful taking or use of their property)28-386; 28-358Class IIIA felony

Recent changes

  • 2025: LB 559, approved May 20, 2025, created the organized retail crime offense now codified at 28-525 to 28-527.
  • 2023: LB 50 (approved June 6, 2023) added 28-518(7), so a prior theft conviction can raise the grade under 28-518(5) or (6) only if it occurred no more than ten years before the current offense.
  • 2019: LB 71 outright repealed the shoplifting civil damages statute, 25-21,194.

Federal theft offenses are covered on the theft laws by state hub.

This article provides general legal information about Nebraska theft law, not legal advice. Statutes change and their application depends on the facts. For advice about a specific situation, contact a lawyer licensed in Nebraska.

Last updated: 2026-10-13.

Frequently Asked Questions

What is the felony theft threshold in Nebraska?

Theft is a Class IV felony when the value of the thing involved is $1,500 or more but less than $5,000 (Neb. Rev. Stat. 28-518(2)), and a Class IIA felony at $5,000 or more. A repeat conviction can also make a lower-value theft a Class IV felony.

Is stealing $1,500 a felony in Nebraska?

Yes. The statute uses the words one thousand five hundred dollars or more, so property worth exactly $1,500 falls in the Class IV felony tier.

What is petty theft in Nebraska?

Theft of property worth $500 or less is a Class II misdemeanor (28-518(4)), punishable by up to six months in jail, a $1,000 fine, or both (28-106). A second such conviction is a Class I misdemeanor, and a third or later within ten years is a Class IV felony.

Is shoplifting a felony in Nebraska?

Theft by shoplifting (28-511.01) is graded with the other theft offenses under 28-518, so it is a felony at $1,500 or more, or when a repeat-conviction rule applies. Organized retail crime can also be a felony under 28-527.

Can a third shoplifting charge be a felony in Nebraska?

Yes. A third or subsequent theft conviction for property worth $500 or less is a Class IV felony, and a second conviction for more than $500 but less than $1,500 is also a Class IV felony, if the prior conviction occurred no more than ten years before the current offense (28-518(5)-(7)).

Can a store make me pay a civil penalty for shoplifting in Nebraska?

Nebraska outright repealed its shoplifting civil damages statute, 25-21,194, through LB 71 in 2019. For a specific demand letter, a lawyer licensed in Nebraska can advise.

Is joyriding a felony in Nebraska?

Unauthorized use of a propelled vehicle is a Class III misdemeanor for a first offense, a Class I misdemeanor for a second and a Class IV felony for a third or later offense (28-516(4)).

Updates

Independently fact-checked against the cited primary sources

Sources and References

  1. Neb. Rev. Stat. 28-518, Grading of theft offenses; aggregation allowed; when(nebraskalegislature.gov).gov
  2. Neb. Rev. Stat. 28-511.01, Theft by shoplifting; penalty; photographic evidence(nebraskalegislature.gov).gov
  3. Neb. Rev. Stat. 28-510, Consolidation of theft offenses(nebraskalegislature.gov).gov
  4. Neb. Rev. Stat. 28-511, Theft by unlawful taking or disposition(nebraskalegislature.gov).gov
  5. Neb. Rev. Stat. 28-509, Terms, defined(nebraskalegislature.gov).gov
  6. Neb. Rev. Stat. 28-105, Felonies; classification of penalties(nebraskalegislature.gov).gov
  7. Neb. Rev. Stat. 28-106, Misdemeanors; classification of penalties(nebraskalegislature.gov).gov
  8. Neb. Rev. Stat. 29-2221, Habitual criminal, defined; penalties(nebraskalegislature.gov).gov
  9. Neb. Rev. Stat. 28-511.03, Possession of security device countermeasure; penalty(nebraskalegislature.gov).gov
  10. Neb. Rev. Stat. 28-525, Organized retail crime; terms, defined(nebraskalegislature.gov).gov
  11. Neb. Rev. Stat. 28-526, Organized retail crime; acts prohibited(nebraskalegislature.gov).gov
  12. Neb. Rev. Stat. 28-527, Organized retail crime; penalty(nebraskalegislature.gov).gov
  13. LB 559 (2025), slip law(nebraskalegislature.gov).gov
  14. Neb. Rev. Stat. 29-402.01, Shoplifters; detention; no criminal or civil liability(nebraskalegislature.gov).gov
  15. LB 71 (2019), slip law(nebraskalegislature.gov).gov
  16. Neb. Rev. Stat. 25-21,194 (repealed)(nebraskalegislature.gov).gov
  17. Neb. Rev. Stat. 28-516, Unauthorized use of a propelled vehicle(nebraskalegislature.gov).gov
  18. Neb. Rev. Stat. 28-1212.03, Stolen firearm; prohibited acts; penalty(nebraskalegislature.gov).gov
  19. Neb. Rev. Stat. 28-515.01, Theft of telecommunications service; penalty(nebraskalegislature.gov).gov
  20. Neb. Rev. Stat. 28-515.02, Electric current, gas, and water; avoiding meter measurement; penalty(nebraskalegislature.gov).gov
  21. Neb. Rev. Stat. 28-386, Knowing and intentional abuse, neglect, or exploitation of a vulnerable adult or senior adult(nebraskalegislature.gov).gov
  22. Neb. Rev. Stat. 28-514, Theft of property lost, mislaid, or delivered by mistake; penalty(nebraskalegislature.gov).gov
  23. Nebraska Legislature, LB 50 (2023) slip law(nebraskalegislature.gov).gov
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