28-621 Criminal possession of a financial transaction device; penalties. - Nebraska Statutes

28-621. Criminal possession of a financial transaction device; penalties.(1) A person commits the offense of criminal possession of a financial transaction device if, with the intent to defraud, such person has in his or her possession or under his or her control any financial transaction device issued to a different account holder or which he or she knows or reasonably should know to be lost, stolen, forged, altered, or counterfeited.(2) Any person committing the offense of criminal possession of one financial transaction device shall be guilty of a Class III misdemeanor.(3) Any person committing the offense of criminal possession of two or three financial transaction devices, each issued to different account holders, shall be guilty of a Class IV felony.(4) Any person committing the offense of criminal possession of four or more financial transaction devices, each issued to different account holders, shall be guilty of a Class III felony. SourceLaws 1989, LB 372, § 5.AnnotationsUnder this section and section 28-622, an employee is deemed to have "stolen" credit card statements if he or she physically removes such statements from his or her employer's premises with the knowledge that such statements will be used unlawfully and without the employer's authorization or knowledge. State v. Rhea, 262 Neb. 886, 636 N.W.2d 364 (2001).