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Can you summarize NERS 28-639?
CRIMES AND PUNISHMENTS > Identity theft; penalty; restitution.
Short Summary
This legal document, under the Nebraska Revised Statutes, governs the crime of identity theft. It applies to any person who knowingly takes, purchases, manufactures, records, possesses, or uses personal identifying information or entity identifying information of another person or entity without their consent. There are exemptions for lawful obtaining of credit information, lawful exercise of a security interest or right of setoff, lawful compliance with warrants or court orders, and investigative activities of law enforcement. The penalties for identity theft vary based on the value of the gained or attempted to be gained credit, money, goods, services, or other thing of value. They range from Class IIA felony to Class IV felony, Class I misdemeanor, or Class II misdemeanor, depending on the circumstances and prior convictions.
Whom does it apply to?
Any person who knowingly takes, purchases, manufactures, records, possesses, or uses personal identifying information or entity identifying information of another person or entity without consent
What does it govern?
Identity theft
What are exemptions?
Lawful obtaining of credit information in a bona fide consumer or commercial transaction, lawful exercise of a security interest or right of setoff by a creditor or financial institution, lawful compliance with warrants, court orders, or other judicial or administrative directives, investigative activities of law enforcement
What are the Penalties?
Class IIA felony if the gained or attempted to be gained credit, money, goods, services, or other thing of value is $5,000 or more; Class II felony for subsequent convictions. Class IV felony if the gained or attempted to be gained credit, money, goods, services, or other thing of value is $1,500 or more but less than $5,000; Class III felony for subsequent convictions. Class I misdemeanor if the gained or attempted to be gained credit, money, goods, services, or other thing of value is $500 or more but less than $1,500; Class IV felony for subsequent convictions. Class II misdemeanor if no credit, money, goods, services, or other thing of value was gained or attempted to be gained, or if the gained or attempted to be gained credit, money, goods, services, or other thing of value is less than $500. Class I misdemeanor for second convictions; Class IV felony for third or subsequent convictions.
Jurisdiction
Nebraska