As long as we have written records, the issue of identity theft has existed. Not all that long ago, a person could essentially take on another’s identity by sampling knowing a few personal bit of information about the victim. From there, all the perpetrator had to do with pick up and move to another part of the country and no one was the wiser. Not so in today’s electronic age. Ironically, although identity theft is much easier to catch today, it is also much easier to commit. Identity theft can be a state or federal crime. If you have been charged with identity theft in Nebraska you should take the matter seriously, despite the fact that identity theft is considered a “white collar” crime, because a conviction for identity theft can result in harsh punishment.
In Nebraska, the offense of identity theft is defined in Nebraska Revised Statute 28-639, which reads, in pertinent part, as follows:
“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 can be charged as a Class II misdemeanor all the way up to a Class III felony in Nebraska. The level of the offense depends on the monetary value of the credit, money, goods, services, or other thing of value that was gained or was attempted to be gained by the theft. Identity theft is charged as follows:
- If the value was less than $200 the offense is a Class II misdemeanor
- If the value was more than $200 but less than $500 the offense is a Class I misdemeanor
- If the value was more than $500 but less than $1,500 the offense is a Class IV felony
- If the value was more than $1,500 the offense is a Class III felony
If you have been charged with identity theft, or any other criminal offense in Nebraska contact Petersen Criminal Defense Law 24 hours a day at 402-509-8070 to discuss your case with an experienced criminal defense attorney.