Not all that long ago, “shoplifting” or “petty theft” was not taken all that seriously by law enforcement, the courts, or even society. Today, however, the penalties for all types of theft, even shoplifting, have increased. Of equal importance, a conviction for any type of theft can have serious negative consequences with regard to employment opportunities in the future because many employers will disqualify an applicant for any type of theft conviction. If you have been arrested and charged with shoplifting in Nebraska you should consult with an experienced criminal defense attorney right away. In the meantime, you should know what constitutes “shoplifting” as well as the penalty for shoplifting in Nebraska.
Nebraska Revised Statute 28-511.01 is where the crime of shoplifting can be found, reading as follows:
A person commits the crime of theft by shoplifting when he or she, 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, does any of the following:
(a) Conceals or takes possession of the goods or merchandise of any store or retail establishment;
(b) Alters the price tag or other price marking on goods or merchandise of any store or retail establishment;
(c) Transfers the goods or merchandise of any store or retail establishment from one container to another;
(d) Interchanges the label or price tag from one item of a good or of merchandise with a label or price tag for another item of a good or of merchandise;
(e) Causes the cash register or other sales recording device to reflect less than the retail price of the goods or merchandise; or
(f) 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.
The potential penalties for shoplifting in Nebraska are determined by the dollar value of the merchandise involved and the offender’s prior criminal history, or lack thereof. Penalties are as follows:
- Goods valued at under $200 with no prior convictions – Class II misdemeanor, up to 6 months in jail and/or up to a $1000 fine
- Goods valued at under $200 with one prior conviction – Class I misdemeanor, up to one year in jail and/or a fine of up to $1000
- Goods valued at under $200 with 3 or more prior convictions – Class IV felony, up to 5 years in prison and/or a fine of up to $10,00
- Goods valued between $200 -$500 no prior conviction – Class I misdemeanor, up to one year in jail and/or a fine of up to $1,000
- Goods valued between $200-$500 with one prior conviction – Class IV felony, up to 5 years in prison and/or a fine of up to $10,000
- Goods valued between $500-$1500 – Class IV felony, up to 5 years in prison and/or a fine of up to $10,000
- Goods valued at $1500 or more – Class III felony, up to 25 years in prison and/or a fine of up to $15,000
If you have been charged with the criminal offense of shoplifting in Nebraska contact Petersen Criminal Defense Law 24 hours a day at 402-509-8070 to discuss your case with an experienced criminal defense attorney.
Attorney Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD vets thousands of lawyers and only chooses those who have achieved stellar results in DUI defense cases. Attorney Petersen was named one of the Top 50 defense attorneys in Nebraska out of more than 5,000.
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