Criminal mischief in Nebraska is the intentional or reckless damaging of another person’s property, tampering with property in a way that endangers people or other property, or causing someone a financial loss through deception or threats. Depending on the dollar amount of the damage and whether the conduct was intentional or reckless, the offense ranges from a Class III misdemeanor punishable by up to three months in jail to a Class III felony carrying up to four years in prison. Infrastructure disruption sits at the top of that range regardless of dollar amount.
What the Statute Actually Covers
Nebraska’s criminal mischief law reaches three distinct kinds of conduct. You can be charged for intentionally or recklessly damaging someone else’s property, for intentionally tampering with property in a way that puts people or other property at risk, or for intentionally causing someone a financial loss through deception or threats.1Nebraska Legislature. Nebraska Code 28-519 – Criminal Mischief; Penalty
That third category catches people off guard. The offense is not limited to smashing, breaking, or vandalizing. Tricking or threatening someone into a financial loss can carry the same charge, at a level set by the size of the loss.
“Tamper” is defined broadly. It includes interfering with, displacing, removing, disabling, destroying, or setting fire to property without permission. Disconnecting a security system, disabling equipment, or pulling parts off a vehicle can qualify, even without outright destruction, so long as the act endangers a person or other property.
Intent Versus Recklessness Controls the Charge
The higher tiers of criminal mischief — Class IV felony, Class I misdemeanor, and Class II misdemeanor — all require that the damage was caused “intentionally or maliciously.” Reckless damage, no matter how expensive, is capped at a Class III misdemeanor.2Nebraska Legislature. Nebraska Revised Statute 28-519 – Criminal Mischief; Penalty
The difference is stark in practice. Recklessly knocking heavy equipment into a building and causing $20,000 in damage stays a Class III misdemeanor with a three-month jail maximum. Deliberately keying a car and causing $2,000 in damage is a Class I misdemeanor carrying up to a year. Intentional conduct means you meant to cause the damage. Recklessness means you consciously ignored a substantial risk of damage — you didn’t set out to cause it, but you knew it was likely and acted anyway. Prosecutors must prove the mental state, and that proof is often where these cases turn.
How Dollar Amount Sets the Tier
For intentional or malicious damage that isn’t targeting infrastructure, the charge scales with pecuniary loss — the total financial harm, calculated from repair costs or fair market value if the property was destroyed:
- $5,000 or more: Class IV felony
- $1,500 to $4,999: Class I misdemeanor
- $500 to $1,499: Class II misdemeanor
- Under $500 or no pecuniary loss: Class III misdemeanor
The dollar figure is usually the most contested part of the case, because crossing a threshold changes the charge entirely. Prosecutors build the number from repair invoices, replacement estimates, and sometimes appraisals. Defense attorneys attack the same figures.
Infrastructure Disruption Is a Class III Felony
Acting with intent to cause a substantial interruption of rail infrastructure, telecommunications or broadband service, or the supply of water, gas, or power bumps the offense to a Class III felony regardless of the dollar amount of damage.2Nebraska Legislature. Nebraska Revised Statute 28-519 – Criminal Mischief; Penalty This tier exists because tampering with utilities or communications can endanger whole communities, not just the owner of the equipment.
Maximum Penalties by Class
None of the criminal mischief classifications carry a mandatory minimum sentence, so judges have wide discretion within each ceiling.
- Class III felony (infrastructure disruption): up to four years in prison, two years of post-release supervision, and a fine of up to $25,000.
- Class IV felony ($5,000 or more in intentional damage): up to two years in prison, twelve months of post-release supervision, and a fine of up to $10,000.3Nebraska Legislature. Nebraska Code 28-105 – Felonies; Classification of Penalties; Sentences; Where Served; Eligibility for Probation
- Class I misdemeanor ($1,500 to $4,999): up to one year in jail and a fine of up to $1,000.
- Class II misdemeanor ($500 to $1,499): up to six months in jail and a fine of up to $1,000.
- Class III misdemeanor (under $500, or reckless damage at any amount): up to three months in jail and a fine of up to $500.4Nebraska Legislature. Nebraska Code 28-106 – Misdemeanors; Classification of Penalties; Sentences; Where Served
These maximums are separate from restitution, which the court can order on top of any fine or jail time.
Probation Is the Default for Class IV Felony
A Class IV felony conviction for criminal mischief must be sentenced to probation unless specific exceptions apply. A judge can impose prison instead only if you are simultaneously sentenced for a higher felony, you have been declared a habitual criminal, or there are substantial and compelling reasons you cannot be safely supervised in the community.5Nebraska Legislature. Nebraska Revised Statute 29-2204.02
When a judge does choose prison, the statute requires the reasoning to be placed on the record and the defendant to be told of the right to appeal the sentence. Most first-time Class IV felony criminal mischief defendants receive probation rather than a prison term, which changes what the two-year maximum actually looks like in practice.
Restitution to the Property Owner
Beyond fines and jail time, the court can order you to pay restitution directly to the person whose property was damaged. Restitution is not a fine paid to the state. It goes to the victim to cover actual losses such as repair bills or replacement costs.6Nebraska Legislature. Nebraska Revised Statute 29-2280 – Restitution; Order; When
The amount is set from documented evidence of actual damages. The court must also weigh your earning ability, employment status, financial resources, and family obligations against the obligation to compensate the victim.7Nebraska Legislature. Nebraska Revised Statute 29-2281 – Restitution; Determination of Amount If you are sentenced to prison, the court can factor in money you are expected to earn during incarceration. Restitution isn’t automatic; the victim has to request it and document the losses during the criminal proceedings.
How Long Prosecutors Have to File
Nebraska sets different limits by offense level. Felony-level criminal mischief, either Class III or Class IV, must be charged within three years of the offense. Misdemeanor-level offenses must be charged within eighteen months.8Nebraska Legislature. Nebraska Revised Statute 29-110 – Statute of Limitations The clock runs from the date of the offense, not the date the damage was discovered. After those windows close, the state can no longer bring charges regardless of the evidence.
Setting Aside a Conviction Later
A criminal mischief conviction does not have to be permanent. You can petition the sentencing court to set it aside after you finish your sentence. If you were placed on probation, fined, or given community service, you can petition after completing those requirements. If you served a jail or prison sentence of one year or less, you can petition after completing it.9Nebraska Legislature. Nebraska Revised Statute 29-2264 – Probation; Completion; Conviction May Be Set Aside
The court weighs your post-sentencing behavior, the likelihood you’ll stay out of trouble, and any other relevant information. If the judge finds that setting aside the conviction serves both your interests and the public welfare, the order nullifies the conviction and removes the civil disabilities that came with it. You cannot petition while you have pending criminal charges anywhere or if a prior set-aside petition was denied within the last two years.
One boundary matters here: a state set-aside does not necessarily restore your right to possess a firearm. Federal firearms restrictions may still apply, and the set-aside order itself includes a notice telling you to consult an attorney before assuming otherwise.