28-627.02.

Skimmer device; use; unlawful, when; violation; penalty.

(1) It shall be unlawful to use a skimmer device on an automated banking device or any point-of-sale terminal, including any fuel pump, for the purpose of obtaining money, credit, property, or anything of value, and with the intent to defraud.

(2) A violation of this section shall be punished according to the total value of the money, credit, property, or things of value obtained, or the financial payments made, as a result of the violation. A violation of this section shall be:

(a) A Class IIA felony when such value is five thousand dollars or more;

(b) A Class IV felony when such value is one thousand five hundred dollars or more but less than five thousand dollars;

(c) A Class I misdemeanor when such value is more than five hundred dollars but less than one thousand five hundred dollars; and

(d) A Class II misdemeanor when such value is five hundred dollars or less.

(3) For any second or subsequent conviction under subdivision (2)(c) of this section, any person so offending shall be guilty of a Class IV felony.

(4) For any second conviction under subdivision (2)(d) of this section, any person so offending shall be guilty of a Class I misdemeanor, and for any third or subsequent conviction under subdivision (2)(d) of this section, the person so offending shall be guilty of a Class IV felony.

(5) For a prior conviction to be used to enhance the penalty under subsection (3) or (4) of this section, the prior conviction must have occurred no more than ten years prior to the date of commission of the current offense.

(6) The value of the money, credit, property, or things of value obtained, or the financial payments made, pursuant to one scheme or course of conduct from one or more persons may be aggregated in the indictment, information, or complaint in determining the classification of the offense, except that amounts shall not be aggregated into more than one offense.

(7) In any prosecution for a violation of this section, the total value of the money, credit, property, or things of value obtained, or the financial payments made, as a result of the violation, is an essential element of the offense that must be proved beyond a reasonable doubt.