Nebraska Identity Theft Laws: Penalties and Reporting

This page covers identity theft law in Nebraska under Neb. Rev. Stat. Section 28-639, plus what the state's own consumer protection resources say about reporting a case. It does not cover federal identity theft law in depth; for that layer, see our identity theft laws hub and our guide to reporting identity theft.

Nebraska's Identity Theft Statute

Neb. Rev. Stat. Section 28-639 defines identity theft as knowingly taking, purchasing, manufacturing, recording, possessing, or using any personal identifying information of another person without that person's consent, with intent to unlawfully obtain that person's identity or cause a loss. The penalty is tiered entirely by the dollar value involved, and Nebraska enhances the penalty further for repeat offenses at every tier.

At a value of $5,000 or more, the offense is a Class IIA felony, enhanced to a Class II felony on a second or subsequent conviction. At a value between $1,500 and $4,999, it is a Class IV felony, enhanced to a Class III felony on a second or subsequent conviction. At a value between $500 and $1,499, it is a Class I misdemeanor, enhanced to a Class IV felony on a second or subsequent conviction. Under $500, or where no value was actually gained, it is a Class II misdemeanor, enhanced to a Class I misdemeanor on a second conviction and a Class IV felony on a third or subsequent conviction. This structure means even a low-dollar offense can escalate to felony territory quickly if the same person is convicted repeatedly.

Restitution

The statute itself confirms that a person found guilty of violating Section 28-639 «may, in addition to the penalties under this subsection, be ordered to make restitution,» drawing on Nebraska's general criminal-restitution framework at Neb. Rev. Stat. Sections 29-2280 through 29-2289. Unlike some states that make restitution mandatory, Nebraska's own statutory language uses «may,» meaning restitution is available and authorized but left to the sentencing court's discretion rather than guaranteed in every case.

Nebraska's Protected Consumer Credit Freeze Law

Nebraska has a dedicated protected-consumer credit freeze statute, and it sits inside the Credit Report Protection Act itself. Neb. Rev. Stat. Section 8-2602(4) defines a «protected consumer» as an individual who is «under sixteen years of age at the time a request for the placement of a security freeze is made» or «an incapacitated person for whom a guardian or guardian ad litem has been appointed.»

Neb. Rev. Stat. Section 8-2603.01 then places the duty on the credit bureau. «Within thirty days after receiving a request that meets the requirements of this section, a consumer reporting agency shall place a security freeze for the protected consumer.» If the protected consumer has no credit file yet, which is the normal situation for a child, the agency «shall create a record for the protected consumer» and freeze that record. The request comes from a representative, who must supply sufficient proof of identification for both the protected consumer and themselves, plus sufficient proof of authority to act on the protected consumer's behalf.

This state right sits alongside, not instead of, the federal Protected Consumer Freeze right under 15 U.S.C. Section 1681c-1(j), which has required free child freezes nationwide since 2018. See our guide to credit freeze vs. fraud alert for how a freeze works in practice.

Reporting Identity Theft in Nebraska

Start with the local police report, because Nebraska law entitles you to one. Under Neb. Rev. Stat. Section 28-637(2), a person who believes they are an identity theft victim may contact a local law enforcement agency that has jurisdiction over the victim's residence, place of business, or registered address. Even where jurisdiction over the crime itself lies elsewhere, that local agency «shall take the complaint and provide the complainant with a copy of the complaint and refer the complaint to a law enforcement agency in the appropriate jurisdiction.» The copy is the practical point: banks, credit bureaus, and the FTC affidavit process routinely ask for a police report. Section 28-637(1) also fixes venue in any county in which an element of the offense occurred, including the county where the victim resides.

The Nebraska Attorney General's office, through its «Protect the Good Life» consumer protection initiative, does not run its own dedicated identity theft hotline or intake form. Instead, its identity theft page directs victims to federal resources: IdentityTheft.gov, the FTC's online complaint tool, and the FTC hotline at 1-877-ID-THEFT, or 1-877-438-4338, which generates an FTC Identity Theft Affidavit. The office also publishes a consumer guide titled «Identity Theft: A Consumer Guide» and reiterates that Nebraskans can freeze their credit for free at all three major credit bureaus.

The Attorney General's consumer page does not describe an identity theft passport or victim-certification program, and this review did not locate an identity-theft-specific expungement statute. Treat both as open items rather than confirmed negatives.

The Federal Layer

Regardless of state, identity theft is also a federal crime under 18 U.S.C. Section 1028. The Federal Trade Commission's free recovery site, IdentityTheft.gov, walks victims through reporting what happened and building a personal recovery plan. Federal law has also required free credit freezes and free fraud alerts at all three credit bureaus since 2018, and FCRA Section 605B lets a victim with an FTC Identity Theft Report get fraudulent information blocked from their credit report. See our identity theft laws hub for the complete federal picture.

Information last verified on 2026-09-02 against Neb. Rev. Stat. Sections 28-639, 28-637, 8-2602, and 8-2603.01 on nebraskalegislature.gov, plus the Attorney General's Protect the Good Life identity theft page. A full search for 2025-2026 legislative amendments was not completed and remains an open item. This article has not yet been reviewed by a licensed lawyer.

Related Resources

• Identity Theft Laws: Federal Rules and State Penalties
• How to Report Identity Theft
• Credit Freeze vs. Fraud Alert

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Last updated: 2026-09-02.