What Is the Penalty for Identification Theft in Nebraska

What Is the Penalty for Identification Theft in Nebraska?

Misdemeanor Identification Theft

• Worth below $500—class II misdemeanor that’s punishable by as much as six months in jail and a $1,000 advantageous; and
• Worth between $500 and $1,500—class I misdemeanor that’s punishable by as much as one yr in jail and a $1,000 advantageous.

Felony Identification Theft

• Worth between $1,500 and $5,000—class IV felony, punishable by as much as 2 years in jail, 1 yr of post-release supervision, and a $10,000 advantageous;
• Worth between $5,000 and $25,000—class III felony, punishable by as much as 4 years in jail, 2 years of post-release supervision, and a $25,000 advantageous; and
• Worth over $25,000—class IIA felony, punishable by as much as 20 years in jail.

What Aggravating Elements Improve a Sentence for Identification Theft?

• A number of victims—prosecutors can cost every occasion individually, resulting in consecutive sentences;
• Use of id theft to commit different crimes—if id theft is linked to fraud, forgery, or drug crimes, penalties improve;
• Exploitation of susceptible people—stealing from the aged or disabled might result in enhanced expenses; and
• Interstate or federal violations—if the crime crosses state strains, federal businesses just like the FBI might get entangled, rising penalties.

Defenses

• Lack of intent—proving you didn’t knowingly commit fraud;
• Mistaken id—demonstrating one other individual was accountable for the crime;
• Lack of ample proof—difficult the prosecution’s case primarily based on weak or circumstantial proof;
• Consent—arguing that the alleged sufferer approved the usage of their data; and
• Illegal search and seizure—transferring to exclude unlawfully obtained proof, thereby weakening the prosecution’s case.

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