Bill > HF842

Introduced Session

This bill relates to theft, forgery, and fraud involving a gift card. The bill provides that any person who, with intent to defraud, acquires or retains possession of a gift card or gift card redemption information without the consent of the cardholder, card issuer, or gift card seller commits theft and is guilty of an aggravated misdemeanor. The bill provides that any person who, with intent to defraud, alters or tampers with a gift card commits forgery and is guilty of an aggravated misdemeanor. The bill provides that any person who, with intent to defraud, devises a scheme to obtain a gift card or gift card redemption information from a card holder, card issuer, or gift card seller by means of false or fraudulent pretenses, representations, or promises engages in a fraudulent practice and is guilty as follows: a class “C” felony if the amount of money or value of property or services involved exceeds $5,000; a class “D” felony if the amount of money or value of property or services involved exceeds $1,000 but does not exceed $5,000; an aggravated misdemeanor if the amount of money or value of property or services involved exceeds $500 but does not exceed $1,000; and a serious misdemeanor if the amount of money or value of property or services involved does not exceed $500. The bill provides that any person who, with intent to defraud, uses, for the purpose of obtaining money, goods, services, or anything else of value, a gift card or gift card redemption information that has been obtained in violation of the bill commits theft and is guilty as follows: a class “C” felony if the value of the property stolen exceeds $5,000; a class “D” felony if the value of the property stolen is more than $1,000 but not more than $5,000; an aggravated misdemeanor if the value of the property stolen is more than $500 but not more than $1,000; and a serious misdemeanor if the value of the property stolen is $500 or less. The bill provides that the value of the retail merchandise received by a person in violation of the bill within any six-month period may be aggregated and the defendant charged accordingly. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245. A class “C” felony is punishable by confinement for no more than 10 years and a fine of at least $1,370 but not more than $13,660. The bill includes definitions.

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Withdrawn. H.J. 748. (on 03/19/2025)

Official Document