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.

No Nebraska-Specific Minor Credit Freeze Law

No Nebraska-specific minor or protected-consumer credit-freeze statute was found. The Nebraska Attorney General's own consumer page references only the general Credit Report Protection Act, Neb. Rev. Stat. Section 8-2601 and following sections, which covers all consumers generally and does not mention a minor-specific carve-out. Nebraska residents, including for minors under age 16, rely on the federal Protected Consumer Freeze right under 15 U.S.C. Section 1681c-1(j), in place since 2018. See our guide to credit freeze vs. fraud alert for how that federal right works in practice.

Reporting Identity Theft in Nebraska

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.

No Nebraska-specific mandatory police-report statute, expungement statute, or identity theft victim-certification program was found on the Attorney General's consumer page during this page's research. This does not rule out that such a mechanism exists elsewhere in Nebraska law, since a full search of the Nebraska Legislature's statutes for these specific terms was not completed, but it is the best information currently available.

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 2026-08-13, drawn directly from Neb. Rev. Stat. Section 28-639 on nebraskalegislature.gov and 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: 2026-08-13.