(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 IIA felony.
Notes of Decisions
Cited in
7
cases (
1 in the last 5 years), 2001–2025 · leading case:
State v. Rhea, 636 N.W.2d 364 (Neb. 2001).
State v. Rhea, 636 N.W.2d 364 (Neb. 2001).
· cites it 11× “On September 8, 2000, Rhea was charged with criminal possession of a financial transaction device, unlawful circulation of a financial transaction device, and conspiracy to commit theft in violation of Neb. Rev. Stat. §§ 28-621 , 28-622, and 28-202(1) (Reissue 1995),…”
State v. Seaman, 28 Neb. Ct. App. 667 (Neb. Ct. App. 2020).
· cites it 3× “§ 28-507 (Reissue 2016), Class IIA felo- nies; one count of criminal possession of a financial transaction device, two or three devices, in violation of Neb. Rev. Stat. § 28-621 (3) (Reissue 2016), a Class IV felony; and theft by unlawful taking, $5,000 or more, in violation of…”
State v. Carmenates (Neb. Ct. App. 2019).
· cites it 3× “§ 28-512 (Reissue 2008) and of criminal possession of four or more financial transaction devices each issued to different account holders under Neb. Rev. Stat. § 28-621 (4) (Reissue 2008), each of which were Class III felonies at the time.”
State v. Scott (Neb. Ct. App. 2020).
· cites it 2× “BACKGROUND In February 2018, Scott was charged in the district court for Douglas County with one count of criminal possession of a financial transaction device (2 or 3 devices), in violation of Neb. Rev. Stat. § 28-621 (1) and (3) (Reissue 2016), a Class IV felony.”
State v. Tran (Neb. Ct. App. 2020).
· cites it 2× “Neb. Rev. Stat. § 28-621 (3) (Reissue 2016); § 28-105.”
State v. Eckmann (Neb. Ct. App. 2025).
· cites it 2× “2022); Neb. Rev. Stat. § 28-621 (Reissue 2016). Possession of a controlled substance is a Class IV felony, punishable by up to 2 years’ imprisonment.”
State v. Hawkins, 636 N.W.2d 378 (Neb. 2001).
· cites it 2× “§ 28-202 (1) (Reissue 1995) (count I); criminal possession of financial transaction devices, in violation of Neb. Rev. Stat. § 28-621 (4) (Reissue 1995) (count II); and receiving stolen property having a value of more than $500 and less than $1,500, in violation of Neb.”
— Neb. Rev. Stat. § 28-621(1) — 1 case
State v. Rhea, 636 N.W.2d 364 (Neb. 2001).
“On September 8, 2000, Rhea was charged with criminal possession of a financial transaction device, unlawful circulation of a financial transaction device, and conspiracy to commit theft in violation of Neb. Rev. Stat. §§ 28-621 , 28-622, and 28-202(1) (Reissue 1995),…”
— Neb. Rev. Stat. § 28-621(4) — 2 cases
State v. Rhea, 636 N.W.2d 364 (Neb. 2001).
“On September 8, 2000, Rhea was charged with criminal possession of a financial transaction device, unlawful circulation of a financial transaction device, and conspiracy to commit theft in violation of Neb. Rev. Stat. §§ 28-621 , 28-622, and 28-202(1) (Reissue 1995),…”
State v. Carmenates (Neb. Ct. App. 2019).
“§ 28-512 (Reissue 2008) and of criminal possession of four or more financial transaction devices each issued to different account holders under Neb. Rev. Stat. § 28-621 (4) (Reissue 2008), each of which were Class III felonies at the time.”
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