State Codes and Statutes

Statutes > Nebraska > Chapter28 > 28-638

28-638. Criminal impersonation; penalty; restitution.(1)A person commits the crime of criminal impersonation if he or she:(a) Pretends to be a representativeof some person or organization and does an act in his or her fictitious capacitywith the intent to gain a pecuniary benefit for himself, herself, or anotherand to deceive or harm another;(b) Carries on any profession,business, or any other occupation without a license, certificate, or otherauthorization required by law;(c) Knowingly providesfalse personal identifying information or a false personal identificationdocument to a court or a law enforcement officer; or(d) Knowingly providesfalse personal identifying information or a false personal identificationdocument to an employer for the purpose of obtaining employment.(2)(a) Criminal impersonation, as described in subdivisions (1)(a) and (1)(b) of thissection, is a Class III felony if the credit, money, goods, services,or other thing of value that was gained or was attempted to be gained wasone thousand five hundred dollars or more. Anysecond or subsequent conviction under this subdivision is a Class II felony.(b) Criminal impersonation,as described in subdivisions (1)(a) and (1)(b) of this section, isa Class IV felony if the credit, money, goods, services, or other thing ofvalue that was gained or was attempted to be gained was five hundred dollarsor more but less than one thousand five hundred dollars. Any second or subsequent conviction under this subdivisionis a Class III felony.(c) Criminal impersonation,as described in subdivisions (1)(a) and (1)(b) of this section, isa Class I misdemeanor if the credit, money, goods, services, or other thingof value that was gained or was attempted to be gained was two hundred dollarsor more but less than five hundred dollars. Any second or subsequent convictionunder this subdivision is a Class IV felony.(d) Criminal impersonation,as described in subdivisions (1)(a) and (1)(b) of this section, isa Class II misdemeanor if no credit, money, goods, services, or other thingof value was gained or was attempted to be gained, or if the credit, money,goods, services, or other thing of value that was gained or was attemptedto be gained was less than two hundred dollars. Any second conviction underthis subdivision is a Class I misdemeanor, and any third or subsequent convictionunder this subdivision is a Class IV felony.(e) Criminalimpersonation, as described in subdivision (1)(c) of this section, is a ClassIV felony. Any second conviction under this subdivision is a Class III felony,and any third or subsequent conviction under this subdivision is a Class IIfelony.(f) Criminal impersonation, as described in subdivision (1)(d) ofthis section, is a Class II misdemeanor. Any second or subsequent convictionunder this subdivision is a Class I misdemeanor.(g) A person found guilty of violating thissection may, in addition to the penalties under this subsection, be orderedto make restitution pursuant to sections 29-2280 to 29-2289. SourceLaws 1977, LB 38, § 130; Laws 2002, LB 276, § 2; R.S.1943, (2008), § 28-608; Laws 2009, LB155, § 10.