Privacy Law Library

Criminal Impersonation, Identity Theft, and Identity Fraud

Nebraska Identity Theft Law

Other · Financial

Nebraska criminalizes identity theft, defined broadly to cover knowingly obtaining, possessing, or using another person's or entity's identifying information (such as name, birth date, SSN, license number, employer, account numbers, or biometric data) without consent to commit fraud, cause loss, obtain employment, or gain a benefit. Victims may report to their local law enforcement agency.

Where
Nebraska
Citation
Neb. Rev. Stat. 28-636 to 28-640
Status
In force
Enforced by
County attorneys and the Attorney General (criminal prosecution)
People can sue
No
Penalties
Graded felony or misdemeanor based on the value obtained (Class IIA felony at $5,000 or more), with restitution (28-639(3)).
Applies to
  • Any person who takes, buys, makes, records, possesses, or uses another's personal identifying information without consent for an unlawful purpose (28-639(1))

Rights it gives people

  • A person who believes they are an identity theft victim may file a complaint with the local law enforcement agency for their residence or business, which must take the complaint, give the victim a copy, and refer it to the proper jurisdiction.Neb. Rev. Stat. 28-637(2)

Practices it requires

  • Do not knowingly take, buy, record, possess, or use another person's personal identifying information without consent with intent to use their identity unlawfully, cause loss, obtain employment, or gain a pecuniary benefit.Neb. Rev. Stat. 28-639(1)

Other duties

  • Lawful credit checks in bona fide transactions, good-faith creditor actions, compliance with legal process, and law enforcement investigations are not identity theft.Neb. Rev. Stat. 28-639(2)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: Effective date not checked: the current sections trace to Laws 2009, LB155; 28-639 was last amended by Laws 2015, LB605 (date not confirmed).

Research reference, not legal advice.