Chapter 28 — CRIMES AND PUNISHMENTS
778 sections in this chapter.
Neb. Rev. Stat. § 28-601 Terms, defined.
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As used in sections 28-601 to 28-605, unless the context otherwise requires: (1) Written instrument shall mean any paper, document, or other instrument containing written or printed matter used for purposes of reciting, embodying, conveying, or recording information, and any mone…
Neb. Rev. Stat. § 28-602 Forgery, first degree; penalty.
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(1) A person commits forgery in the first degree if, with intent to deceive or harm, he falsely makes, completes, endorses, alters, or utters a written instrument which is or purports to be, or which is calculated to become or to represent if completed: (a) Part of an issue of mo…
Neb. Rev. Stat. § 28-603 Forgery, second degree; penalty; aggregation allowed; when.
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(1) Whoever, with intent to deceive or harm, falsely makes, completes, endorses, alters, or utters any written instrument which is or purports to be, or which is calculated to become or to represent if completed, a written instrument which does or may evidence, create, transfer, …
Neb. Rev. Stat. § 28-604 Criminal possession of a forged instrument; penalty; aggregation allowed; when.
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(1) Whoever, with knowledge that it is forged and with intent to deceive or harm, possesses any forged instrument covered by section 28-602 or 28-603 commits criminal possession of a forged instrument. (2) Criminal possession of a forged instrument prohibited by section 28-602 is…
Neb. Rev. Stat. § 28-605 Criminal possession of written instrument forgery devices; penalty.
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(1) A person commits criminal possession of written instrument forgery devices when: (a) He or she makes or possesses with knowledge of its character any plate, die, or other device, apparatus, equipment, or article specifically designed for use in counterfeiting, unlawfully simu…
Neb. Rev. Stat. § 28-606 Criminal simulation; penalty.
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(1) A person commits a criminal simulation when: (a) With intent to deceive or harm, he makes, alters, or represents an object in such fashion that it appears to have an antiquity, rarity, source or authorship, ingredient, or composition which it does not in fact have; or (b) Wit…
Neb. Rev. Stat. § 28-607 Making, using, or uttering slugs; terms, defined; penalty.
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(1) A person commits the offense of unlawfully using slugs, if he makes, uses, or utters a slug or slugs with intent to deprive a supplier of property or service sold or offered by means of a coin machine or with knowledge that he is facilitating such a deprivation by another per…
Transferred to section 28-638.
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[Repealed or reserved.]
Neb. Rev. Stat. § 28-609 Impersonating a public servant; penalty.
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(1) A person commits the offense of impersonating a public servant if he falsely pretends to be a public servant other than a peace officer and performs any act in that pretended capacity. (2) It is no defense to a prosecution under this section that the office the actor pretende…
Neb. Rev. Stat. § 28-610 Impersonating a peace officer; penalty.
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(1) A person commits the offense of impersonating a peace officer if he or she falsely pretends to be a peace officer and performs any act in that pretended capacity. (2) Impersonating a peace officer is a Class IV felony.
Neb. Rev. Stat. § 28-611 Issuing or passing a bad check or similar order; penalty; collection procedures.
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(1) Whoever obtains property, services, child support credit, spousal support credit, or present value of any kind by issuing or passing a check, draft, assignment of funds, or similar signed order for the payment of money, knowing that he or she does not have sufficient funds in…
Neb. Rev. Stat. § 28-611.01 Issuing a no-account check; penalty; aggregation allowed; when.
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(1) Whoever issues or passes a check, draft, assignment of funds, or similar signed order for the payment of money, knowing that he or she has no account with the drawee at the time the check, draft, assignment of funds, or order is issued, commits the offense of issuing a no-acc…
Neb. Rev. Stat. § 28-612 False statement or book entry; destruction or secretion of records; penalty.
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(1) A person commits a Class IV felony if he or she: (a) Willfully and knowingly subscribes to, makes, or causes to be made any false statement or entry in the books of an organization; or (b) Knowingly subscribes to or exhibits false papers with the intent to deceive any person …
Neb. Rev. Stat. § 28-613 Commercial bribery and breach of duty to act disinterestedly; penalty.
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(1) A person commits a Class I misdemeanor if he or she solicits, accepts, or agrees to accept any benefit as consideration for knowingly violating or agreeing to violate a duty of fidelity to which he or she is subject as: (a) Agent or employee; or (b) Trustee, guardian, or othe…
Neb. Rev. Stat. § 28-614 Tampering with publicly exhibited contest; penalty; contest, participant, official, defined.
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(1) A person commits the offense of tampering with a publicly exhibited contest if: (a) He confers, or offers or agrees to confer, directly or indirectly, any benefit upon: (i) A contest participant with intent to influence him not to give his best efforts in a publicly exhibited…
Neb. Rev. Stat. § 28-615 Identification number, obscure, and article, defined.
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As used in sections 28-615 to 28-617: (1) Identification number shall mean a serial or motor number placed by a manufacturer upon an article as a permanent individual identifying mark; (2) Obscure shall mean to destroy, remove, alter, conceal, or deface so as to render illegible …
Neb. Rev. Stat. § 28-616 Altering identification number; penalty.
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(1) A person commits the offense of altering an identification number if, with the intent to deceive or harm, he obscures an identification number or in the course of business he sells, offers for sale, leases or otherwise disposes of an article knowing that an identification num…
Neb. Rev. Stat. § 28-617 Receiving an altered article; penalty.
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(1) A person commits the offense of receiving an altered article if, with the intent to deceive or harm another, he buys or receives any article knowing that an identification number thereon is obscured, without first ascertaining that the person so selling or delivering the same…
Neb. Rev. Stat. § 28-618 Financial transactions; terms, defined.
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For purposes of sections 28-618 to 28-630: (1) Account holder means the person or business entity named on the face of a financial transaction device for whose benefit the financial transaction device is issued by an issuer; (2) Acquirer means any business organization, financial…
Neb. Rev. Stat. § 28-619 Issuing a false financial statement for purposes of obtaining a financial transaction device; penalties.
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(1) A person commits the offense of issuing a false financial statement for purposes of obtaining a financial transaction device if, upon filing an application for a financial transaction device with an issuer, such person (a) knowingly makes or causes to be made a statement or r…
Neb. Rev. Stat. § 28-620 Unauthorized use of a financial transaction device; penalties; prosecution of offense.
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(1) A person commits the offense of unauthorized use of a financial transaction device if such person uses such device in an automated banking device, to imprint a sales form, or in any other manner: (a) For the purpose of obtaining money, credit, property, or services or for mak…
Neb. Rev. Stat. § 28-621 Criminal possession of a financial transaction device; penalties.
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(1) A person commits the offense of criminal possession of a financial transaction device if, with the intent to defraud, such person has in his or her possession or under his or her control any financial transaction device issued to a different account holder or which he or she …
Neb. Rev. Stat. § 28-622 Unlawful circulation of a financial transaction device in the first degree; penalty.
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(1) A person commits the offense of unlawful circulation of a financial transaction device in the first degree if such person sells or has in his or her possession or under his or her control with the intent to deliver, circulate, or sell two or more financial transaction devices…
Neb. Rev. Stat. § 28-623 Unlawful circulation of a financial transaction device in the second degree; penalty.
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(1) A person commits the offense of unlawful circulation of a financial transaction device in the second degree if such person sells or has in his or her possession or under his or her control with the intent to deliver, circulate, or sell any financial transaction device which h…
Neb. Rev. Stat. § 28-624 Criminal possession of a blank financial transaction device; penalties.
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(1) A person commits the offense of criminal possession of a blank financial transaction device if, without the authorization of the issuer or manufacturer, such person has in his or her possession, has under his or her control, or receives from another person a blank financial t…
Neb. Rev. Stat. § 28-625 Criminal sale of a blank financial transaction device; penalties; blank financial transaction device, defined.
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(1) A person commits the offense of criminal sale of a blank financial transaction device if, without the authorization of the issuer or manufacturer, such person has in his or her possession, has under his or her control, or receives from another person a blank financial transac…
Neb. Rev. Stat. § 28-626 Criminal possession of a financial transaction forgery device; penalty.
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(1) A person commits the offense of criminal possession of a financial transaction forgery device if (a) such person possesses any tool, photographic equipment, printing equipment, or any other device or group or combination of devices adapted, designed, or commonly used for comm…
Neb. Rev. Stat. § 28-627 Unlawful manufacture of a financial transaction device; penalty.
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(1) A person commits the offense of unlawful manufacture of a financial transaction device if, with intent to defraud, such person: (a) Falsely makes or manufactures, by printing, embossing, or magnetically encoding, a financial transaction device; (b) Falsely alters or adds serv…
Neb. Rev. Stat. § 28-627.01 Skimmer device; installation; unlawful, when; violation; penalty.
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(1) It shall be unlawful to install a skimmer device, without authorization, on an automated banking device or a point-of-sale terminal, including any fuel pump, for the purpose of obtaining money, credit, property, or anything of value, and with the intent to defraud. (2) Instal…
Neb. Rev. Stat. § 28-627.02 Skimmer device; use; unlawful, when; violation; penalty.
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(1) It shall be unlawful to use a skimmer device on an automated banking device or any point-of-sale terminal, including any fuel pump, for the purpose of obtaining money, credit, property, or anything of value, and with the intent to defraud. (2) A violation of this section shal…
Neb. Rev. Stat. § 28-627.03 Financial transaction offense; continuing criminal enterprise; violation; penalty.
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(1) For purposes of this section: (a) Financial transaction offense means any violation of sections 28-618 to 28-630 for which the punishment is a felony; and (b) Leadership position means a position in which a person acts as a principal administrator, organizer, supervisor, or m…
Neb. Rev. Stat. § 28-627.04 Financial transaction offense; order of forfeiture.
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In addition to the existing penalties available for a violation of sections 28-618 to 28-630, a sentencing court may order forfeiture as provided in sections 28-1601 to 28-1603.
Neb. Rev. Stat. § 28-628 Laundering of sales forms; penalty.
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A person other than a sales form processor commits the offense of laundering of sales forms if such person presents for payment to any sales form processor a sales form which was not originated as a result of a sales transaction between such person and the account holder named on…
Neb. Rev. Stat. § 28-629 Unlawful acquisition of sales form processing services; penalty.
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A person commits the offense of unlawful acquisition of sales form processing services if, upon applying for such services with a sales form processor, such person makes or causes to be made a statement or report which is false in some material respect relative to the type of goo…
Neb. Rev. Stat. § 28-630 Unlawful factoring of a financial transaction device; penalty.
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(1) A person commits the offense of unlawful factoring of a financial transaction device if such person or any agent or employee of such person is authorized by any acquirer to furnish money, property, services, or anything else of value and, with intent to defraud the account ho…
Neb. Rev. Stat. § 28-631 Fraudulent insurance act; penalties.
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(1) A person or entity commits a fraudulent insurance act if he or she: (a) Knowingly and with intent to defraud or deceive presents, causes to be presented, or prepares with knowledge or belief that it will be presented to or by an insurer, or any agent of an insurer, any statem…
Neb. Rev. Stat. § 28-632 Payment cards; terms, defined.
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For purposes of this section and sections 28-633 and 28-634: (1) Encoding machine means an electronic device that is used to encode information onto a payment card; (2) Merchant means: (a) An owner or operator of any retail mercantile establishment or any agent, employee, lessee,…
Neb. Rev. Stat. § 28-633 Payment cards; prohibited acts; violation; penalty.
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(1) A person that accepts a payment card for the transaction of business shall print no more than the last five digits of the payment card account number upon any receipt provided to the payment card holder. (2) This section applies only to receipts that are electronically printe…
Neb. Rev. Stat. § 28-634 Payment cards; prohibited acts relating to scanning device or encoding machine; violation; penalty.
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(1) It is unlawful for a person to intentionally and knowingly: (a) Use a scanning device to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on a payment card without the permission of the authorized user of the payment card, the is…
Repealed. Laws 2019, LB7, § 7.
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[Repealed or reserved.]
Neb. Rev. Stat. § 28-636 Criminal impersonation; identity theft; identity fraud; terms, defined.
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For purposes of sections 28-636 to 28-640: (1) 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 o…
Neb. Rev. Stat. § 28-637 Criminal impersonation; identity theft; identity fraud; venue; victim; contact local law enforcement agency.
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For purposes of sections 28-636 to 28-640: (1) Notwithstanding any other provision of law, venue for the prosecution and trial of violations of sections 28-636 to 28-640 may be commenced and maintained in any county in which an element of the offense occurred, including the count…
Neb. Rev. Stat. § 28-638 Criminal impersonation; penalty; restitution.
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(1) A person commits the crime of criminal impersonation if he or she: (a) Pretends to be a representative of some person or organization and does an act in his or her fictitious capacity with the intent to gain a pecuniary benefit for himself, herself, or another and to deceive …
Neb. Rev. Stat. § 28-639 Identity theft; penalty; restitution.
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(1) 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 entit…
Neb. Rev. Stat. § 28-640 Identity fraud; penalty; restitution.
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(1) A person commits the crime of identity fraud if he or she without lawful authority: (a) Makes, counterfeits, alters, or mutilates any personal identification document with the intent to deceive another; or (b) Willfully and knowingly obtains, possesses, uses, sells or furnish…
Neb. Rev. Stat. § 28-641 Counterfeit airbags; act, how cited.
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Sections 28-641 to 28-644 shall be known and may be cited as the Counterfeit Airbag Prevention Act.
Neb. Rev. Stat. § 28-642 Counterfeit airbags; terms, defined.
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For purposes of the Counterfeit Airbag Prevention Act, unless the context otherwise requires: (1) Airbag means a motor vehicle inflatable occupant restraint system device that is part of a supplemental restraint system; (2) Counterfeit supplemental restraint system component mean…
Neb. Rev. Stat. § 28-643 Counterfeit airbags; prohibited acts.
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A person violates the Counterfeit Airbag Prevention Act if the person does any of the following: (1) Knowingly and intentionally manufactures, imports, installs, reinstalls, distributes, sells, or offers for sale any device intended to replace a supplemental restraint system comp…
Neb. Rev. Stat. § 28-644 Counterfeit airbags; violations; penalties.
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(1) Except as otherwise provided in this section, a violation of the Counterfeit Airbag Prevention Act is a Class IV felony. (2) A violation of the act is a Class IIIA felony if the defendant has been previously convicted of a violation of the act. (3) A violation of the act is a…
Neb. Rev. Stat. § 28-645 Criminal impersonation by stolen valor; penalty; restitution.
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(1) A person commits the offense of criminal impersonation by stolen valor if such person: (a)(i) Pretends to be an active member or veteran of the United States Navy, Army, Air Force, Marines, Coast Guard, or Space Force, including armed forces reserves and the National Guard, t…