Nebraska Identity Theft Laws
|Code Section||28-608; 29-2280|
|Classification of Crime/Penalties||If loss of $0 or more but less than $200: class II misdemeanor; second offense at this loss amount: class I misdemeanor; third or subsequent offense at this loss amount: class IV felony; if loss of $200 or more but less than $500: class I misdemeanor; second or subsequent offense at this loss amount: class IV felony; if loss of $500 or more but less than $1,500: class IV felony; if loss of $1,500 or more: class III felony; amount of loss calculated from aggregate of one identity theft scheme or course of conduct from one person In addition to regular penalties, perpetrator shall be ordered to make restitution for costs incurred including attorney fees, litigation costs, costs to clear credit rating, costs of civil/administrative proceeding to satisfy debt, lien, or other obligation resulting from crime|
|Who May Prosecute||County attorney of any county in which any part of identity fraud occurred may prosecute|
|Exemptions to Identity Theft Laws||It is not violation of criminal statute to obtain credit information in course of bona fide transaction, lawfully and in good faith exercise a security interest or right of offset as a creditor or financial institution, lawfully comply, in good faith, with any warrant, levy, garnishment, etc. when required to do so|
|Civil Lawsuit Allowed?||Civil action allowed|
|Civil Remedies Available||Victim may seek damages, enjoin/restrain perpetrator from future acts of theft; prevailing party may recover court costs and attorney fees|
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