Nebraska's criminal code is relatively unique in that false promises as distinguished from misrepresentations of past or existing facts are included within the ambit of the statutory crime of obtaining property by false pretenses. This crime, a late-comer to the larceny family, was designed to bridge the gap between larceny by trick or devise and the limited common law offense of cheating. In most states this statutory innovation requires proof of a false misrepresentation as to facts past or existing. A false pretense as to something which will happen in the future or a mere promise to do something is insufficient because it is regarded as the equivalent of "puffing" or "seller's talk." In Nebraska, however, " ... a promissory representation as to some future action to be taken by the person making the representation where made with the present intent that such future action would not be performed or carried out .... " is a false pretense within the statute.
Alfred W. Blessing,
The False Pretenses Statute In Nebraska,
33 Neb. L. Rev. 491
Available at: http://digitalcommons.unl.edu/nlr/vol33/iss3/14