28-604 Criminal possession of a forged instrument; penalty; aggregation allowed; when. - Nebraska Statutes

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Statutes > Nebraska > Chapter28 > 28-604

28-604. Criminal possessionof a forged instrument; penalty;aggregation allowed; when.(1) Whoever,with knowledge that it is forged and with intent to deceive or harm, possessesany forged instrument covered by section 28-602 or 28-603 commits criminalpossession of a forged instrument.(2) Criminal possession of a forged instrument prohibitedby section 28-602 is a Class IV felony.(3) Criminal possession of a forged instrument prohibitedby section 28-603, the amount or value of which is one thousand dollars ormore, is a Class IV felony.(4) Criminal possession of a forged instrument prohibitedby section 28-603, the amount or value of which is more than three hundreddollars but less than one thousand dollars, is a Class I misdemeanor.(5) Criminal possession of a forged instrument prohibitedby section 28-603, the amount or value of which is three hundred dollars orless, is a Class II misdemeanor.(6) For thepurpose of determining the class of penalty for criminal possession of a forgedinstrument prohibited by section 28-603, the amounts or values of more thanone such forged instrument may be aggregated in the indictment or informationif such forged instruments were part of the same scheme or course of conductwhich took place within a sixty-day period and within one county. Such amountsor values shall not be aggregated into more than one offense. SourceLaws 1977, LB 38, § 126; Laws 2003, LB 17, § 8; Laws 2009, LB155, § 14.AnnotationsWhere the evidence offered no rational basis for convicting defendant of what he claimed to be the "lesser-included" offense of criminal possession of forged instrument, trial court did not err in refusing requested instruction. State v. Ebert, 212 Neb. 629, 324 N.W.2d 812 (1982).

State Codes and Statutes

Statutes > Nebraska > Chapter28 > 28-604

28-604. Criminal possessionof a forged instrument; penalty;aggregation allowed; when.(1) Whoever,with knowledge that it is forged and with intent to deceive or harm, possessesany forged instrument covered by section 28-602 or 28-603 commits criminalpossession of a forged instrument.(2) Criminal possession of a forged instrument prohibitedby section 28-602 is a Class IV felony.(3) Criminal possession of a forged instrument prohibitedby section 28-603, the amount or value of which is one thousand dollars ormore, is a Class IV felony.(4) Criminal possession of a forged instrument prohibitedby section 28-603, the amount or value of which is more than three hundreddollars but less than one thousand dollars, is a Class I misdemeanor.(5) Criminal possession of a forged instrument prohibitedby section 28-603, the amount or value of which is three hundred dollars orless, is a Class II misdemeanor.(6) For thepurpose of determining the class of penalty for criminal possession of a forgedinstrument prohibited by section 28-603, the amounts or values of more thanone such forged instrument may be aggregated in the indictment or informationif such forged instruments were part of the same scheme or course of conductwhich took place within a sixty-day period and within one county. Such amountsor values shall not be aggregated into more than one offense. SourceLaws 1977, LB 38, § 126; Laws 2003, LB 17, § 8; Laws 2009, LB155, § 14.AnnotationsWhere the evidence offered no rational basis for convicting defendant of what he claimed to be the "lesser-included" offense of criminal possession of forged instrument, trial court did not err in refusing requested instruction. State v. Ebert, 212 Neb. 629, 324 N.W.2d 812 (1982).

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State Codes and Statutes

Statutes > Nebraska > Chapter28 > 28-604

28-604. Criminal possessionof a forged instrument; penalty;aggregation allowed; when.(1) Whoever,with knowledge that it is forged and with intent to deceive or harm, possessesany forged instrument covered by section 28-602 or 28-603 commits criminalpossession of a forged instrument.(2) Criminal possession of a forged instrument prohibitedby section 28-602 is a Class IV felony.(3) Criminal possession of a forged instrument prohibitedby section 28-603, the amount or value of which is one thousand dollars ormore, is a Class IV felony.(4) Criminal possession of a forged instrument prohibitedby section 28-603, the amount or value of which is more than three hundreddollars but less than one thousand dollars, is a Class I misdemeanor.(5) Criminal possession of a forged instrument prohibitedby section 28-603, the amount or value of which is three hundred dollars orless, is a Class II misdemeanor.(6) For thepurpose of determining the class of penalty for criminal possession of a forgedinstrument prohibited by section 28-603, the amounts or values of more thanone such forged instrument may be aggregated in the indictment or informationif such forged instruments were part of the same scheme or course of conductwhich took place within a sixty-day period and within one county. Such amountsor values shall not be aggregated into more than one offense. SourceLaws 1977, LB 38, § 126; Laws 2003, LB 17, § 8; Laws 2009, LB155, § 14.AnnotationsWhere the evidence offered no rational basis for convicting defendant of what he claimed to be the "lesser-included" offense of criminal possession of forged instrument, trial court did not err in refusing requested instruction. State v. Ebert, 212 Neb. 629, 324 N.W.2d 812 (1982).