(1) A person commits the offense of unauthorized use of a propelled vehicle if he or she intentionally exerts unauthorized control over another's propelled vehicle by operating it without the owner's consent. (2) Propelled vehicle shall mean an automobile, airplane, motorcycle, motorboat, or other motor-propelled vehicle. (3) It is an affirmative defense to prosecution under this section that the defendant reasonably believed that the owner would have authorized the use had he or she known of it. (4) Unauthorized use of a propelled vehicle is a Class III misdemeanor for the first offense, a Class I misdemeanor for the second offense, and a Class IV felony for the third and any subsequent offenses.
Neb. Rev. Stat. § 28-516
Unauthorized use of a propelled vehicle; affirmative defense; penalties
Applied in 8 court decisions — leading case State v. White (1993)
Most recently applied in 30 Neb. Ct. App. 562 - State v. LeFever (February 2022)
Laws 1977, LB 38, § 115; Laws 1993, LB 430, § 2; Laws 1995, LB 371, § 7.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.