I. The following definitions are applicable to this section:
- (a) "Cardholder" with respect to a specific gift card, means the person who has purchased, or to whom is gifted, that card.
- (b) "Card issuer" means any party that issues a gift card or the agent of that party with respect to that card.
- (c) "Gift card redemption information" means information unique to each gift card which allows the cardholder to access, transfer, or spend the funds on that gift card.
- (d) "Gift card seller" means a merchant that is engaged in the business of selling open-loop or closed-loop gift cards to consumers.
II. A person shall be guilty of theft if such person does any of the following:
- (a) Acquires or retains possession of a gift card or gift card redemption information with intent to defraud and without consent of the cardholder, card issuers, or gift card reseller;
- (b) Uses, for the purpose of obtaining money, goods, services, or anything else of value, a gift card or gift card redemption information that the person knows or believes has probably been obtained by deception or forgery; or
- (c) With intent to defraud, alters or tampers with a gift card or its packaging.
Source. 2025, 150:2, eff. Jan. 1, 2026.