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Nebraska Identity Theft Laws

Identity theft is the use of another individual's personally identifying information -- such as a Social Security number and birth date -- to open fraudulent accounts or commit other crimes. Although the Internet has made this type of crime much more prevalent, offenders often dig through office or household garbage to find sensitive documents. State identity theft laws vary a bit in classifications and penalties, but are similarly structured.

Nebraska Identity Theft Law: Overview

Nebraska's criminal impersonation statute makes it a crime to take "personal identification documents or personal identifying information; and accesses or attempt to access the financial resources of another." It may be charged as either a misdemeanor or felony, based mostly on the value of the unlawfully obtained ", money, goods, services, or other thing of value."

The following chart provides additional details about identity theft laws in Nebraska. See FindLaw's Identity Theft section to learn how to protect yourself and what to do once you're identity has been stolen.

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

Note: State laws are constantly changing, usually when a newly signed piece of legislation is enacted into the code but sometimes through appellate court decisions and other means. You may want to contact a Nebraska consumer protection attorney or conduct your own legal research to verify the state law(s) you are researching.

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