Nebraska Statutes
§ 28-517 — Theft by receiving stolen property
Nebraska § 28-517
JurisdictionNebraska
Ch. 28Crimes and Punishments
This text of Nebraska § 28-517 (Theft by receiving stolen property) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Neb. Rev. Stat. § 28-517 (2026).
Text
A person commits theft if he receives, retains, or disposes of stolen movable property of another knowing that it has been stolen, or believing that it has been stolen, unless the property is received, retained, or disposed with intention to restore it to the owner.
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Related
In re Interest of Tyrone K.
887 N.W.2d 489 (Nebraska Supreme Court, 2016)
State v. Messersmith
473 N.W.2d 83 (Nebraska Supreme Court, 1991)
State v. Hubbard
673 N.W.2d 567 (Nebraska Supreme Court, 2004)
State v. Red Kettle
476 N.W.2d 220 (Nebraska Supreme Court, 1991)
State v. Clancy
398 N.W.2d 710 (Nebraska Supreme Court, 1987)
State v. Walters
432 N.W.2d 528 (Nebraska Supreme Court, 1988)
State v. Brehmer
317 N.W.2d 885 (Nebraska Supreme Court, 1982)
State v. Vrtiska
406 N.W.2d 114 (Nebraska Supreme Court, 1987)
State v. Nuss
454 N.W.2d 482 (Nebraska Supreme Court, 1990)
State v. Miner
733 N.W.2d 891 (Nebraska Supreme Court, 2007)
State v. Gibbs
470 N.W.2d 558 (Nebraska Supreme Court, 1991)
In Re Interest of Shea B.
532 N.W.2d 52 (Nebraska Court of Appeals, 1995)
State v. Cory P.
584 N.W.2d 820 (Nebraska Court of Appeals, 1998)
State v. Stafford
767 N.W.2d 507 (Nebraska Supreme Court, 2009)
State v. Boye
499 N.W.2d 860 (Nebraska Court of Appeals, 1993)
State v. Collins
510 N.W.2d 330 (Nebraska Court of Appeals, 1993)
State v. Holman
380 N.W.2d 304 (Nebraska Supreme Court, 1986)
State v. Sardeson
437 N.W.2d 473 (Nebraska Supreme Court, 1989)
State v. Dixon
306 Neb. 853 (Nebraska Supreme Court, 2020)
State v. Johns
445 N.W.2d 914 (Nebraska Supreme Court, 1989)
Legislative History
Source: Laws 1977, LB 38, § 116.
Annotations: In a prosecution for receiving stolen property, the court must instruct the jury on the subjective standard of "knowing... or believing" as it is used in this section. State v. Almasaudi, 282 Neb. 162, 802 N.W.2d 110 (2011). This section imposes a subjective standard of knowledge or belief. State v. Almasaudi, 282 Neb. 162, 802 N.W.2d 110 (2011). Read in conjunction with section 28-510, theft by receiving stolen property under this section is the same offense as theft by unlawful taking under section 28-511. State v. Miner, 273 Neb. 837, 733 N.W.2d 891 (2007). The Nebraska Legislature has unambiguously defined theft as a single offense which can be committed in several different ways. State v. Miner, 273 Neb. 837, 733 N.W.2d 891 (2007). The Nebraska Legislature has not made the offense of "theft by receiving" a continuous offense. State v. Nuss, 235 Neb. 107, 454 N.W.2d 482 (1990). Applying subsection (8) of section 25-518, value is an essential element of the crime of theft by receiving stolen property. In re Interest of Shea B., 3 Neb. App. 750, 532 N.W.2d 52 (1995).
Nearby Sections
15
§ 28-1001
Repealed. Laws 1990, LB 50, § 13§ 28-1002
Repealed. Laws 1990, LB 50, § 13§ 28-1003
Transferred to section28-1010§ 28-1004
Terms, defined§ 28-1007
Sections, how
construed§ 28-1008
Terms, defined§ 28-1009.02
Repealed. Laws 2010, LB 865, § 17§ 28-1009.03
Repealed. Laws 2010, LB 865, § 17§ 28-101
Code, how cited§ 28-1010
Indecency with
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Bluebook (online)
Nebraska § 28-517, Counsel Stack Legal Research, https://law.counselstack.com/statute/ne/28-517.