2006 Nebraska Revised Statutes - § 28-608 — Criminal impersonation; penalty; restitution.

Section 28-608
Criminal impersonation; penalty; restitution.

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

(a) Assumes a false identity and does an act in his or her assumed character with intent to gain a pecuniary benefit for himself, herself, or another or to deceive or harm another;

(b) Pretends to be a representative of some person or organization and does an act in his or her pretended capacity with the intent to gain a pecuniary benefit for himself, herself, or another and to deceive or harm another;

(c) Carries on any profession, business, or any other occupation without a license, certificate, or other authorization required by law; or

(d) Without the authorization or permission of another and with the intent to deceive or harm another:

(i) Obtains or records personal identification documents or personal identifying information; and

(ii) 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.

(2)(a) Criminal impersonation 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.

(b) Criminal impersonation 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.

(c) Criminal impersonation 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.

(d) Criminal impersonation 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.

(e) 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.

(3) Criminal impersonation does not mean:

(a) The lawful obtaining of credit information in the course of a bona fide consumer or commercial transaction;

(b) The lawful, good faith exercise of a security interest or a right of setoff by a creditor or a financial institution; or

(c) 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.

(4) For purposes of this section:

(a) Personal identification document means a birth certificate, motor vehicle operator's license, state identification card, public, government, or private employment identification card, social security card, visa work permit, firearm owner's identification card, certificate issued under section 69-2404, 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 or by the authority of a person who did not give that authority. Personal identification document does not include a financial transaction device as defined in section 28-618;

(b) 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: (i) Name; (ii) date of birth; (iii) address; (iv) motor vehicle operator's license number or state identification card number as assigned by the State of Nebraska or another state; (v) social security number or visa work permit number; (vi) public, private, or government employer, place of employment, or employment identification number; (vii) maiden name of a person's mother; (viii) number assigned to a person's credit card, charge card, or debit card, whether issued by a financial institution, corporation, or other business entity; (ix) number assigned to a person's depository account, savings account, or brokerage account; (x) personal identification number as defined in section 8-157.01; (xi) electronic identification number, address, or routing code used to access financial information; (xii) digital signature; (xiii) telecommunications identifying information or access device; (xiv) unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation; and (xv) other number or information which can be used to access a person's financial resources; and

(c) Telecommunications identifying information or access device means a card, plate, code, account number, mobile identification number, or other telecommunications service, equipment, or instrument identifier or means of account access that alone or in conjunction with other telecommunications identifying information or another telecommunications access device may be used to: (i) Obtain money, goods, services, or any other thing of value; or (ii) initiate a transfer of funds other than a transfer originated solely by a paper instrument.

Source:

Laws 1977, LB 38, § 130

Laws 2002, LB 276, § 2

~Revised Statutes Cumulative Supplement, 2006