(1)
A person who comes into control of property of another that he or she
knows to have been lost, mislaid, or delivered under a mistake as to the
nature or amount of the property or the identity of the recipient
commits theft if, with intent to deprive the owner thereof, he or she
fails to take reasonable measures to restore the property to a person
entitled to have it.
(2) Any person convicted of violating
subsection (1) of this section shall be punished by the penalty
prescribed in the next lower classification below the value of the item
lost, mislaid, or delivered under a mistake pursuant to section 28-518.
(3) Any person convicted of violating
subsection (1) of this section when the value of the property is five
hundred dollars or less shall be guilty of a Class III misdemeanor for
the first conviction, a Class II misdemeanor for the second conviction,
and a Class I misdemeanor for the third or subsequent conviction.
Source:Laws 1977, LB 38, § 113; Laws 1989, LB 200, § 1; Laws 1992, LB 111, § 1; Laws 2015, LB605, § 29; Laws 2016, LB1094, § 7.
Annotations
This section prohibits a person from
taking control of lost or mislaid property and doing nothing to restore
the property to its owner. State v. Beyer, 260 Neb. 670, 619 N.W.2d 213
(2000).
So, what should you do if you find a $100 bill on the sidewalk outside the Zoo Bar?
