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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 785
Introduced by Hallstrom, 1.
Read first time January 07, 2026
Committee: Judiciary
A BILL FOR AN ACT relating to crimes and offenses; to amend sections1
28-101, 28-618, 28-627.03, 28-627.04, and 28-1601, Revised Statutes2
Supplement, 2025; to define a term; to prohibit conduct involving3
mail receptacle keys and locks and intent to defraud or deprive4
another of property; to harmonize provisions; and to repeal the5
original sections. 6
Be it enacted by the people of the State of Nebraska,7
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Section 1. Section 28-101, Revised Statutes Supplement, 2025, is1
amended to read: 2
28-101 Sections 28-101 to 28-1357, 28-1601 to 28-1603, and 28-17013
and section 3 of this act shall be known and may be cited as the Nebraska4
Criminal Code. 5
Sec. 2. Section 28-618, Revised Statutes Supplement, 2025, is6
amended to read: 7
28-618 For purposes of sections 28-618 to 28-630 and section 3 of8
this act: 9
(1) Account holder means the person or business entity named on the10
face of a financial transaction device for whose benefit the financial11
transaction device is issued by an issuer; 12
(2) Acquirer means any business organization, financial institution,13
or agent of such organization or institution which authorizes a merchant14
to accept payment by financial transaction device for money, property,15
services, or anything else of value; 16
(3) Automated banking device means any machine which, when properly17
activated by a financial transaction device or a personal identification18
code, may be used for any purpose for which a financial transaction19
device is issued; 20
(4) Counterfeit financial transaction device means any financial21
transaction device which is fictitious, altered, forged, stolen, obtained22
as part of a scheme to defraud, or otherwise unlawfully obtained and23
which may or may not be embossed with account information or a company24
logo or any facsimile, false representation, depiction, or component of a25
financial transaction device; 26
(5) Embossing means any process in which account numbers are placed27
on financial transaction devices that results in the number being raised28
from the surface of the device; 29
(6) Expired financial transaction device means a financial30
transaction device which is no longer valid because the term shown on it31
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has elapsed; 1
(7) Financial transaction device means any instrument or device2
whether known as a credit card, credit plate, bank service card, banking3
card, check guarantee card, debit card, electronic funds transfer card,4
or account number representing a financial account. Such device shall5
affect the financial interest, standing, or obligation of the financial6
account for services or financial payments for money, credit, property,7
or services; 8
(8) Financial-transaction-device-making equipment means any9
equipment, impression, machine, mechanism, plate, or other device10
designed, used, or capable of being used to produce a financial11
transaction device, a counterfeit financial transaction device, or any12
aspect or component of a financial transaction device;13
(9) Holographic means a photographic method that uses laser light to14
produce three-dimensional images; 15
(10) Intent to defraud means an unlawful attempt to secure money,16
credit, property, or services from an issuer, without permission of the17
account holder, for the benefit of any person other than the account18
holder; 19
(11) Issuer means any person or any financial or business entity20
that acquires financial rights by issuing, canceling, controlling, or21
distributing a financial transaction device; 22
(12) Magnetic encoding means any electronically encoded account23
holder information which is placed on a magnetic strip on the financial24
transaction device and is capable of being read by an electronic terminal25
such as an automatic teller machine or an electronic terminal at a26
merchant location also known as a point-of-sale terminal;27
(13) Personal identification code means any grouping of letters,28
numbers, or symbols assigned to the account holder of a financial29
transaction device by the issuer to permit authorized electronic access30
of that account; 31
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(14) Receives or receiving means acquiring possession or control of1
or accepting as security for a loan a financial transaction device;2
(15) Revoked financial transaction device means a financial3
transaction device which is no longer valid because permission to use it4
has been suspended or terminated by the issuer; 5
(16) Sales form means any written, electronic, magnetic, or printed6
record of a financial transaction involving use of a financial7
transaction device; 8
(17) Sales form processing services means services provided to9
enable a person to obtain payment or credit for sales forms;10
(18) Sales form processor means any bank, financial institution, or11
other entity which with authority from a bona fide association of issuers12
provides sales form processing services; 13
(19) Service mark means a word, name, symbol, or other device or any14
combination thereof to identify the goods or services of the entity from15
the goods and services of another entity; 16
(20) Skimmer device means an electronic or other device used to17
capture, record, store or transmit data from a financial transaction18
device or to capture or record an account holder's personal19
identification code; 20
(21) To falsely alter a financial transaction device means to change21
such device without the authority of anyone entitled to grant such22
authority, whether in complete or incomplete form, by means of erasure,23
obliteration, deletion, insertion of new matter, transposition of matter,24
or any other means, so that such device in its altered form falsely25
appears or purports to be in all respects an authentic creation of or26
fully authorized by its ostensible issuer; 27
(22) To falsely complete a financial transaction device means to28
transform an incomplete device into a complete one by adding, inserting,29
or changing matter without the authority of anyone entitled to grant such30
authority, so that the complete device falsely appears or purports to be31
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in all respects an authentic creation of or fully authorized by its1
ostensible issuer; 2
(23) To falsely make a financial transaction device means to make or3
manufacture a device, whether complete or incomplete, which purports to4
be an authentic creation of its ostensible issuer but which is fictitious5
or, if real, the ostensible issuer did not authorize the making or the6
manufacturing thereof; and 7
(24) Traffic means to distribute, dispense, sell, transfer, or8
otherwise dispose of property or to buy, receive, possess, obtain control9
of, or use property with the intent to dispense, distribute, sell,10
transfer, or otherwise dispose of such property. 11
Sec. 3. (1) For purposes of this section, postal service means: (a)12
The United States Postal Service or a contractor of the United States13
Postal Service; or (b) any commercial courier that delivers mail.14
(2) A person commits the offense of unlawful conduct involving a15
mail receptacle key or lock if, with the intent to defraud or to deprive16
another of that person's property, the person obtains, possesses,17
duplicates, transfers, or uses a key or lock adopted by a postal service18
for any box or other authorized receptacle for the deposit or delivery of19
mail. 20
(3) A violation of this section is a Class IV felony.21
Sec. 4. Section 28-627.03, Revised Statutes Supplement, 2025, is22
amended to read: 23
28-627.03 (1) For purposes of this section: 24
(a) Financial transaction offense means any violation of sections25
28-618 to 28-630 and section 3 of this act for which the punishment is a26
felony; and 27
(b) Leadership position means a position in which a person acts as a28
principal administrator, organizer, supervisor, or manager or otherwise29
leads or directs other persons. 30
(2) A person is engaged in a continuing criminal enterprise if such31
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person commits any financial transaction offense and:1
(a) Such offense is part of a continuing series of financial2
transaction offenses; 3
(b) Such series of offenses is undertaken by such person in concert4
with two or more other persons with respect to whom such person acts in a5
leadership position; and 6
(c) Such person obtains substantial income or resources from such7
activities. 8
(3) A violation of this section shall be punished as a:9
(a) Class II felony if the enterprise, or any other enterprise in10
which the defendant was in a leadership position: 11
(i) Included three or fewer persons; or 12
(ii) Had at least two million dollars but less than five million13
dollars in gross receipts during any twelve-month period of the14
enterprise's existence; 15
(b) Class ID felony if the enterprise, or any other enterprise in16
which the defendant was in a leadership position: 17
(i) Included four or more persons but fewer than ten persons; or18
(ii) Had at least five million dollars but less than ten million19
dollars in gross receipts during any twelve-month period of the20
enterprise's existence; and 21
(c) Class IC felony if the enterprise, or any other enterprise in22
which the defendant was in a leadership position: 23
(i) Included ten or more persons; or 24
(ii) Had at least ten million dollars in gross receipts during any25
twelve-month period of the enterprise's existence.26
Sec. 5. Section 28-627.04, Revised Statutes Supplement, 2025, is27
amended to read: 28
28-627.04 In addition to the existing penalties available for a29
violation of sections 28-618 to 28-630 and section 3 of this act, a30
sentencing court may order forfeiture as provided in sections 28-1601 to31
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28-1603. 1
Sec. 6. Section 28-1601, Revised Statutes Supplement, 2025, is2
amended to read: 3
28-1601 (1) For purposes of sections 28-1601 to 28-1603:4
(a) Covered offense means a violation of the Child Sexual Abuse5
Material Prevention Act, subsection (1) of section 28-416, or section6
28-1102, 28-1103, 28-1104, 28-1105, 28-1105.01, or 28-1107 or a financial7
transaction offense; 8
(b) Electronic communication device has the same meaning as in9
section 28-833; 10
(c) Financial transaction offense means a violation of sections11
28-618 to 28-630 and section 3 of this act; and 12
(d) Gambling device has the same meaning as in section 28-1101.13
(2) In addition to existing penalties for a violation of a covered14
offense, a court may order forfeiture of any money, securities,15
negotiable instruments, firearms, conveyances, or electronic16
communication devices; any equipment, components, peripherals, software,17
hardware, or accessories related to electronic communication devices; or18
any gambling devices if: 19
(a) The owner or possessor of the property has been convicted of a20
covered offense; 21
(b) The information charging such violation specifically requests22
the forfeiture of property upon conviction and is prepared pursuant to23
section 28-1602; and 24
(c) It is found by clear and convincing evidence that such property25
was derived from, used, or intended to be used to facilitate a covered26
offense. 27
(3) Following the filing of an information charging a violation of a28
covered offense that specifically seeks forfeiture of any property listed29
in subsection (2) of this section, the defendant may request a pretrial30
hearing to determine the existence of probable cause to believe that the31
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property specifically sought to be forfeited was derived from, used, or1
intended to be used to facilitate a covered offense. The request for a2
hearing pursuant to this section must be filed with the district court in3
which the criminal proceeding is pending within thirty days after the4
filing of the information. 5
(4)(a) At any time after the filing of the information in district6
court and prior to final disposition of the criminal case, any person,7
other than the defendant, with a claimed legal interest in the property8
may petition to intervene in the district court with jurisdiction over9
the criminal case for the specific and limited purpose of demonstrating10
such person's legal interest in the property and such person's lack of11
actual knowledge that such property was derived from, used, or intended12
to be used to facilitate a covered offense. 13
(b) In the petition to intervene, the intervening person shall, at a14
minimum, state facts demonstrating such person's legal interest in the15
property and such person's lack of actual knowledge regarding the use or16
intended use of the property. 17
(5) Within thirty days after filing a motion to intervene, the18
district court shall conduct an evidentiary hearing on the matter. At the19
conclusion of such hearing, the court may order that any or all of the20
property be returned to the intervening claimant after it is no longer21
needed as evidence in the criminal case upon a showing by the claimant by22
a preponderance of the evidence: 23
(a) That the claimant has a legally recognized interest in the24
property; and 25
(b) Either (i) that such property was acquired by the claimant in26
good faith and the claimant did not have actual knowledge that such27
property was derived from, used, or intended to be used to facilitate a28
covered offense or (ii) that the property seized was not derived from,29
used, or intended to be used to facilitate a covered offense.30
(6) The court, on its own motion or upon application of the31
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claimant, may permit the claimant to proceed in forma pauperis under1
sections 25-2301 to 25-2310. The court, on its own motion or upon2
application of the claimant, may appoint counsel to represent the3
claimant if the claimant is indigent. If the claimant asserts indigency,4
the court shall make a reasonable inquiry to determine the claimant's5
financial condition and may require the claimant to execute an affidavit6
of indigency for filing with the clerk of the court.7
(7) After conviction but prior to sentencing for a covered offense8
in cases in which the prosecuting authority has specifically requested9
forfeiture of property, the district court shall conduct an evidentiary10
hearing at which the prosecuting authority must prove by clear and11
convincing evidence what specific amount or portion of the property12
specifically enumerated in the criminal information was derived from,13
used, or intended for use in furtherance of a covered offense. At the14
conclusion of such hearing, the court shall make specific findings of15
fact indicating what amount or portion of the property sought to be16
forfeited by the state was derived from, used, or intended to be used to17
facilitate a covered offense. The court shall order any amount or portion18
of the property not proven by the state to be derived from, used, or19
intended to be used to facilitate a covered offense or the fair market20
value of the legally recognized interest in such property be returned to21
its rightful and legal owner or interest holder. 22
(8)(a) The court shall order that any amount or portion of property23
proven by the state by clear and convincing evidence to be derived from,24
used, or intended to be used to facilitate a covered offense be forfeited25
to the state and disposition of such property be conducted in accordance26
with this subsection and section 28-1439.02 at such time as the property27
is no longer required as evidence in any criminal proceeding.28
(b) As part of any disposition of property, the court may order29
that: (i) For a covered offense other than a financial transaction30
offense, any money, securities, or negotiable instruments be distributed31
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as provided in Article VII, section 5, of the Constitution of Nebraska;1
(ii) for a financial transaction offense, any money, securities, or2
negotiable instruments be credited to the Financial Fraud Victims'3
Reimbursement Fund for the purposes described in section 84-222; (iii)4
any conveyances be sold or put to official use by the seizing agency for5
a period of not more than one year and when such property is no longer6
necessary for official use or at the end of two years, whichever comes7
first, such property shall be sold. Proceeds from the sale of any8
conveyance shall be distributed as provided in Article VII, section 5, of9
the Constitution of Nebraska; (iv) any electronic communication devices,10
any equipment, components, peripherals, software, hardware, or11
accessories related to electronic communication devices, or any gambling12
devices be destroyed by a law enforcement agency; and (v) the disposition13
of firearms shall be effectuated pursuant to section 29-820.14
(c) As used in this subsection, official use means use directly in15
connection with enforcement of the Child Sexual Abuse Material Prevention16
Act, the Uniform Controlled Substances Act, sections 28-618 to 28-630 and17
section 3 of this act, or section 28-1102, 28-1103, 28-1104, 28-1105,18
28-1105.01, or 28-1107. 19
(9) Any money, securities, negotiable instruments, firearms,20
conveyances, or electronic communication devices; any equipment,21
components, peripherals, software, hardware, or accessories related to22
electronic communication devices; or any gambling devices may be23
forfeited pursuant to a plea agreement between the state and the24
defendant subject to notice to or approval of the court.25
(10) Subdivision (2)(a) of this section does not apply if the owner26
or possessor of the property dies or is removed from the United States27
before charges are filed or a conviction obtained.28
(11) Subdivision (2)(b) of this section does not apply if the owner29
or possessor of the property dies or is removed from the United States30
before charges are filed so long as the statute of limitations for a31
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covered offense has not expired. 1
(12) Subdivision (2)(a) of this section does not apply if the owner2
or possessor of the property is unknown or incapable of being determined3
for some legitimate reason or fails to appear in court as ordered after4
prosecution for a covered offense is commenced and is not apprehended5
within twelve months after the failure to appear order was issued by the6
court. 7
(13) If the owner or possessor of the property fails to appear in8
court as ordered after prosecution for a covered offense is commenced but9
appears or is apprehended within twelve months after the failure to10
appear order was issued by the court, the court may order the owner or11
possessor of the property, as a part of any sentence imposed for either12
the failure to appear or the conviction for a covered offense, to pay a13
storage fee of one hundred dollars per month for each month the property14
was held following the issuance of the failure to appear order.15
Sec. 7. Original sections 28-101, 28-618, 28-627.03, 28-627.04, and16
28-1601, Revised Statutes Supplement, 2025, are repealed.17
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