28-639 Identity theft; penalty; restitution.
28-639. Identity theft; penalty; restitution.(1) A personcommits the crime of identity theft if he or she knowingly takes, purchases,manufactures, records, possesses, or uses any personal identifying informationor entity identifying information of another person or entity without theconsent of that other person or entity or creates personal identifying informationfor a fictional person or entity, with the intent to obtain or use the otherperson's or entity's identity for any unlawful purpose or to cause loss toa person or entity whether or not the person or entity actually suffers anyeconomic loss as a result of the offense, or with the intent to obtain orcontinue employment or with the intent to gain a pecuniary benefit for himself,herself, or another.(2) Identitytheft is not:(a) The lawful obtaining of credit information in the course ofa bona fide consumer or commercial transaction;(b) The lawful, goodfaith exercise of a security interest or a right of setoff by a creditor ora financial institution;(c) The lawful, good faith compliance by any person when requiredby any warrant, levy, garnishment, attachment, court order, or other judicialor administrative order, decree, or directive; or(d) The investigativeactivities of law enforcement.(3)(a) Identity theft is a Class III felonyif the credit, money, goods, services, or other thing of value that was gainedor 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.(b) Identitytheft is a Class IV felony if the credit, money, goods, services, or otherthing of value that was gained or was attempted to be gained was five hundreddollars or more but less than one thousand five hundred dollars. Any secondor subsequent conviction under this subdivision is a Class III felony.(c) Identitytheft is a Class I misdemeanor if the credit, money, goods, services, or otherthing of value that was gained or was attempted to be gained was two hundreddollars or more but less than five hundred dollars. Any second or subsequentconviction under this subdivision is a Class IV felony.(d) Identitytheft is a Class II misdemeanor if no credit, money, goods, services, or otherthing 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 attemptedto be gained was less than two hundred dollars. Any second conviction underthis subdivision is a Class I misdemeanor, and any third or subsequent convictionunder this subdivision is a Class IV felony.(e) A person found guiltyof 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. SourceLaws 2009, LB155, § 11.