§ 69-110 — Security interest; personal property; removal from county; penalty

Nebraska § 69-110

• Jurisdiction: Nebraska
• Ch. 69: Personal Property

Text

Any person who, after having created any security interest in any article of personal property, whether presently owned or after-acquired, for the benefit of another, shall, during the existence of such interest, remove, permit, or cause to be removed such property or any part thereof out of the county within which such property was situated, with intent to deprive the owner or owners of the security interest of his or her or their security, shall be deemed guilty of a felony and upon conviction thereof shall be imprisoned in a Department of Correctional Services adult correctional facility for a term not exceeding ten years and be fined in a sum not exceeding one thousand dollars.

Legislative History

Source: Laws 1885, c. 11, § 1, p. 108; R.S.1913, § 535; C.S.1922, § 426; C.S.1929, § 69-110; R.S.1943, § 69-110; Laws 1969, c. 543, § 3, p. 2195; Laws 1971, LB 961, § 3; Laws 1993, LB 31, § 20. Annotations: Conviction for removing mortgaged personal property out of county sustained. Pulliam v. State, 169 Neb. 661, 100 N.W.2d 704 (1960). Criminal intent is an essential element of offense. Pulliam v. State, 167 Neb. 614, 94 N.W.2d 51 (1959). Where property mortgaged in Nebraska was removed by truck and sold in Iowa, conviction under this section was proper. Forney v. State, 123 Neb. 179, 242 N.W. 441 (1932). A mortgagor who removes only a portion of the mortgaged property is as amenable under statute as if he had removed all of it. Wilson v. State, 43 Neb. 745, 62 N.W. 209 (1895).