Nebraska Credit and Debit Card Fraud

Businesses have seen an increase in the incidence of credit and debit card fraud as people become more digitally connected and spend more of their time shopping online. The story of a person's credit card information being stolen and the thief going on a shopping spree hundreds of miles away is a story that is heard much too often.

Fortunately, the Cornhusker State has statutes which protect consumers from these types of crimes. The following is a summary of Nebraska's credit and debit card fraud laws.

Nebraska Credit and Debit Card Fraud Laws

The following table outlines Nebraska's credit and debit card fraud laws.

Code Sections

NEB. REV. STAT. § 28-619 et seq.

What is Prohibited?

Criminal impersonation:

Obtaining or recording personal identification information and accessing or attempting to access another person's financial resources in order to obtain credit, money, goods, services, or other items of value.

Issuing a false financial statement to obtain a credit or debit card:

Applying for a financial transaction device such as a credit card with false, misleading, or omitted information regarding one's name, occupation, financial condition, assets, or liabilities with the intent of fraudulently receiving a credit card or other financial transaction device.

Unauthorized use of a credit or debit card:

Using a financial transaction device such as a credit or debit card in order to obtain money, credit, property or services or in order to make a payment, knowing that the device is expired, revoked, cancelled, forged, altered, counterfeited, or use of the card otherwise unauthorized.

Criminal possession of a credit or debit card:

Possessing or having control over a financial transaction device such as a credit or debit card which has been issued to different account holder and the person should know has been lost, stolen, forged, altered, or counterfeited.

"Financial transaction device" means a credit card, credit plate, bank service card, banking card, check guarantee card, debit card, electronic funds transfer card, or account number.

Penalties

Criminal impersonation:

Penalties vary depending upon the value of the losses. If the credit, money, goods, or other items gained or attempted to be gained was:

  • $1,500 or more, it is Class 3 felony punishable by up to 20 years in prison and up to $25,000 in fines.
  • $500 or more but less than $1,500, it is a Class 4 felony punishable by up to 5 years in prison and up to $10,000 in fines.
  • $200 or more but less than $500, it is a Class 1 misdemeanor punishable by up to year in prison and up to in fines. A second or subsequent conviction is a Class 4 felony.
  • Less than $200, it is a Class 2 misdemeanor punishable by up to and up to. A second or subsequent conviction is a Class 4 felony.

In addition to the above penalties, the perpetrator may also be ordered to make restitution to the victim.

Unauthorized use of a credit or debit card:

The penalties are the same as those listed under criminal impersonation. However, there are no criminal penalties listed under this statute for attempt crimes. Furthermore, the transactions can be aggregated over a 6 month period. Therefore, if the total amount of money stolen through fraudulent use of a credit card is $100 each month over 6 months, it would be $600, which is a Class 4 felony.

Issuing a false financial statement to obtain a credit or debit card:

The crime is a Class 1 misdemeanor punishable by up to 1 year in prison and up to $1,000 in fines. If two or more financial statements were submitted to obtain two or more credit or debit cards, it is a Class 4 felony.

Criminal possession of a credit or debit card:

The crime is a Class 3 misdemeanor punishable by up to 3 months in prison and up to $500 in fines. If the person has two or more cards issued to different account holders, it is a Class 4 felony. If the person has 4 or more cards issued to different account holders, it is a Class 3 felony.

Nebraska Credit and Debit Card Fraud Laws: Related Resources

Becoming a victim of fraud can be devastating. If you believe you may be a victim of debit or credit card fraud, you should file a report with the Nebraska Attorney General. If you've been charged with a fraud crime or would like legal assistance with a fraud matter, you can contact a Nebraska criminal defense attorney. You can also visit FindLaw’s Are you Liable for Unauthorized Credit Card Charges for more information on this topic.

Next Steps: Search for a Local Attorney

Contact a qualified attorney.