Identity theft is generally a financial crime that involves the use of illegally obtained information about another person—such as name, address, date of birth, Social Security number, and credit card numbers—in order to use existing credit accounts or open new ones in the other person’s name. When this happens, criminals capture the spending power of another person’s credit while sticking the victims (individuals, financial institutions, merchants) with the bill.

Laws regarding identity theft vary from state to state in their naming, classification, and penalties—with criminal offenses such as “Unauthorized Acquisition or Transfer of Certain Financial Information,” “Fraudulent Use or Possession of Identifying Information,” “Unlawful Possession of Personal Identifying Information,” “Identity Theft,” “Identity Fraud,” “False Personation,” or “Criminal Impersonation.”

Laws related to identity theft are generally located in a state’s statutes—often in the penal or criminal code.

In Nebraska, identity theft is addressed under the Nebraska Revised Statutes, specifically in Chapter 28, which deals with crimes and punishments. The relevant statute for identity theft is § 28-639, which defines identity theft as knowingly using, selling, or transferring the personal identifying information of another person with the intent to defraud. This includes actions such as using someone else's credit card information or Social Security number without authorization. Identity theft can be charged as a Class IIA felony, Class III felony, or Class IV felony in Nebraska, depending on the value of the credit, money, goods, services, or other thing of value obtained or attempted to be obtained. The penalties for identity theft in Nebraska can include imprisonment and fines, and the severity of the punishment is contingent upon the amount of loss or the number of victims involved. Additionally, Nebraska law provides for restitution to the victims of identity theft, which may include individuals, financial institutions, or merchants.