Nebraska Statutes 28-634. Payment cards; prohibited acts relating to scanning device or encoding machine; violation; penalty
(1) It is unlawful for a person to intentionally and knowingly:
Attorney's Note
Under the Nebraska Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class IIIA felony | up to 3 years | up to $10,000 |
| Class IV felony | up to 2 years | up to $10,000 |
Terms Used In Nebraska Statutes 28-634
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
(a) Use a scanning device to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on a payment card without the permission of the authorized user of the payment card, the issuer of the authorized user’s payment card, or a merchant;
(b) Possess a scanning device with the intent to obtain information encoded on a payment card without the permission of the authorized user, the issuer of the authorized user’s payment card, or a merchant or possess a scanning device with knowledge that some other person intends to use the scanning device to obtain information encoded on a payment card without the permission of the authorized user, the issuer of the authorized user’s payment card, or a merchant;
(c) Use an encoding machine to place information encoded on a payment card onto a different card without the permission of the authorized user of the card from which the information was obtained, the issuer of the authorized user’s payment card, or a merchant; or
(d) Possess an encoding machine with the intent to place information encoded on a payment card onto a different payment card without the permission of the user, the issuer of the authorized user’s payment card, or a merchant.
(2) A violation of this section is a Class IV felony for the first offense and a Class IIIA felony for a second or subsequent offense.