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Nebraska

Nebraska State Victim Resources:

Security Freeze Law:

All Nebraska consumers are allowed to place security freezes on their consumer credit reports to prevent others from opening new accounts in their names. Such a freeze enables the consumer to prevent anyone from looking at his/her credit file for the purpose of granting credit unless the consumer chooses to allow a particular business look at the information. To request a freeze, a consumer must request one in writing by certified or overnight mail to the credit reporting agencies. The agency may charge a one-time fee of $3 for placing, temporarily lifting or removing a security freeze. However, it may not charge a fee to minors or to identity theft victims who provide a copy of an official police report documenting the identity theft.

The reporting agency must place the freeze within three business days after receiving the request. Within five business days, it must send a written confirmation of the freeze and provide the consumer with a unique personal identification number or password to be used by the consumer when providing authorization for the release of his credit for a specific party or period of time. Requests for a temporary unlocking of the freeze must be completed within three business days. Starting January 1, 2009, consumer reporting agencies must have in place procedures involving the use of a telephone, the Internet, or other electronic media to receive and process a request for a temporary lift of a security freeze. If a request is received in this manner during normal business hours, the freeze must be lifted within fifteen minutes.
Statute: §8-2601 to 8-2615

Mandatory Police Report Law for Identity Theft Victims:

If a person or entity reasonably believes that he, she, or it has been the victim of a violation of sections 28-636 to 28-640, the victim may contact a local law enforcement agency which has jurisdiction over the victim's residence, place of business, or registered address. Notwithstanding that jurisdiction may lie elsewhere for investigation and prosecution of a crime of identity theft, the local law enforcement agency shall take the complaint and provide the complainant with a copy of the complaint and refer the complaint to a law enforcement agency in the appropriate jurisdiction.
Statute: §28-637: http://www.nebraskalegislature.gov/laws/statutes.php?statute=28-637

Identity Theft Passport Law:

No State law at this time.

Identity Theft Laws:

A person commits the crime of criminal impersonation if he or she:

  • Assumes a false identity with intent to gain a pecuniary benefit for himself, herself, or another or to deceive or harm another person;
  • Without the authorization or permission of another and with the intent to deceive or harm another, obtains or records personal identification documents or personal identifying information, and accesses or attempts to access the financial resources of another through the use of a personal identification document or personal identifying information for the purpose of obtaining credit, money, goods, services, or any other thing of value.

Violations are punished based on the value of credit, money, goods, services, or other thing of value that was gained or attempted to be gained.

"Personal identification document" includes a birth certificate, motor vehicle operator's license, state ID card, employment ID card, Social Security card, or passport, or any document made or altered in a manner that it purports to have been made on behalf of or issued to another person by the authority of a person who did not give that authority.

"Personal identifying information" means any name or number that may be used, alone or in conjunction with any other information, to identify a specific person, including a person's name; date of birth; address; motor vehicle operator's license number or state ID card number; Social Security number or work permit number; employment ID card; maiden name of a person's mother; credit or debit card number; bank account number; electronic ID number, address, or routing code used to access financial information; digital signature; telecommunications identifying information or access device; unique biometric data, such as a fingerprint, voice print, retina or iris image, or other unique physical representation; and any other number or information which can be used to access a person's financial resources.
Statute: §28-638

A person commits the crime of identity theft if he or she knowingly takes, purchases, manufactures, records, possesses, or uses any personal identifying information or entity identifying information of another person or entity without the consent of that other person or entity or creates personal identifying information for a fictional person or entity, with the intent to obtain or use the other person's or entity's identity for any unlawful purpose or to cause loss to a person or entity whether or not the person or entity actually suffers any economic loss as a result of the offense, or with the intent to obtain or continue employment or with the intent to gain a pecuniary benefit for himself, herself, or another. Identity theft is not:

  • The lawful obtaining of credit information in the course of a bona fide consumer or commercial transaction;
  • The lawful, good faith exercise of a security interest or a right of setoff by a creditor or a financial institution;
  • The lawful, good faith compliance by any person when required by any warrant, levy, garnishment, attachment, court order, or other judicial or administrative order, decree, or directive; or
  • The investigative activities of law enforcement.

Identity theft is a Class III felony if the credit, money, goods, services, or other thing of value that was gained or was attempted to be gained was one thousand five hundred dollars or more. Any second or subsequent conviction under this subdivision is a Class II felony.

Identity theft is a Class IV felony if the credit, money, goods, services, or other thing of value that was gained or was attempted to be gained was five hundred dollars or more but less than one thousand five hundred dollars. Any second or subsequent conviction under this subdivision is a Class III felony.

Identity theft is a Class I misdemeanor if the credit, money, goods, services, or other thing of value that was gained or was attempted to be gained was two hundred dollars or more but less than five hundred dollars. Any second or subsequent conviction under this subdivision is a Class IV felony.

Identity theft is a Class II misdemeanor if no credit, money, goods, services, or other thing of value was gained or was attempted to be gained, or if the credit, money, goods, services, or other thing of value that was gained or was attempted to be gained was less than two hundred dollars. Any second conviction under this subdivision is a Class I misdemeanor, and any third or subsequent conviction under this subdivision is a Class IV felony.

A person found guilty of violating this section may, in addition to the penalties under this subsection, be ordered to make restitution pursuant to sections 29-2280 to 29-2289.
Statute: §28-639

Other Related Laws:

Restitution:

In addition to criminal penalties and fines, a person convicted of criminal impersonation may be ordered to make restitution to the victim based on the actual damages sustained by the victim.
Statute: §28-638.  

Payment Cards:

A person commits the offense of unauthorized use of a financial transaction device (such as a credit card or debit card) if he uses the device in an automated banking device, to imprint a sales form, or in any manner for the purpose of obtaining money, credit, property, or services or for making financial payment, with intent to defraud, while knowing that the device is expired or revoked or forged, altered or counterfeited, or when for any reason his use of the device is unauthorized either by the issuer or the account holder. It is a class II misdemeanor if the total value of the money, credit, property, or services obtained is less than $200 in a six month period from the date of the first unauthorized use. It is a class I misdemeanor if the value is $200-$500 in a six-month period; a class IV felony if the value is $500 to $1500 in a six month period; and a class III felony if it is over $1500. Prosecutions may be conducted in any county where the person committed the offense.
Statute: §28-620: http://www.nebraskalegislature.gov/laws/statutes.php?statute=28-620

A person commits the crime of criminal possession of a financial transaction device if, with the intent to defraud, a person possesses any financial transaction card issued to a different account holder or which he knows or reasonably should know to be lost, stolen, forged, altered, or counterfeited. It is a class III misdemeanor if the person possesses one such device; a class IV felony if he possesses two or three such devices, each issued to different account holders; and a class III felony if he possess four or more devices, each issued to different account holders.
Statute: §28-621: http://www.nebraskalegislature.gov/laws/statutes.php?statute=28-621

A person commits the crime of unlawful circulation of a financial transaction device in the first degree if he sells or possesses with the intent to sell two or more such devices that he knows or reasonably should know to be lost, stolen, forged, altered, counterfeited, or delivered under mistake. This is a class III felony.
Statute: §28-622: http://www.nebraskalegislature.gov/laws/statutes.php?statute=28-622

If a person sells or possesses with the intent to sell one financial device, it is unlawful circulation of a financial transaction device in the second degree, a class IV felony.
Statute: §28-623: http://www.nebraskalegislature.gov/laws/statutes.php?statute=28-623

Scanning Devices:

State law prohibits the use of a scanning device or re-encoder to obtain or record encoded information from the magnetic strip of a payment card with the intent to defraud the authorized user, the issuer of the card, or a merchant. Scanning devices are defined as a scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card. A re-encoder is an electronic device that places encoded information from the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different card. Violations are a class IV felony. Second or subsequent offenses are a class IIIA felony.
Statute: §28-634: http://www.nebraskalegislature.gov/laws/statutes.php?statute=28-634

Social Security Numbers:

An employer may not:

  • Publicly post or publicly display in any manner more than the last four digits of an employee's Social Security number (SSN), including intentional communication of more than the last four digits or otherwise making more than the last four digits available to the general public or an employer's coworkers;
  • Require an employee to transmit more than the last four digits of his or her SSN over the Internet unless the connection is secure or the information is encrypted;
  • Require an employee to use more than the last four digits of his or her SSN to access an Internet web site unless a password, unique personal identification number, or other authentication device is also required to access the site;
  • Require an employee to use more than the last four digits of his or her SSN as an employee number for any type of employee-related activity.
  • Use a SSN as an identification number of occupational licensing or as an identification number for company meetings.

An employer may use more than the last four digits of an employee's SSN only for compliance with state or federal laws, rules, or regulations; internal administrative purposes, including provision of SSNs to third parties for administration of personnel benefit provisions for the employer and employment screening and staffing; and commercial transactions between the employer and employee. Employees' SSNs may not be kept in files with unrestricted access within the company. Violations are a Class V misdemeanor.
Statute: §48-237: http://www.nebraskalegislature.gov/laws/statutes.php?statute=48-237

 

Information gathered from sources including Identity Theft Resource Center and Identity Crime in partnership with International Association of Chiefs of Police and Bank of America.