AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THEFT.

New fraud protections for gift card users

Delaware law creates a gift card theft crime that requires intent to defraud. It covers physical and digital cards, activated or not, for one store, affiliated stores, or multiple unrelated stores. The crime includes getting or keeping cards or their spending details without consent from the cardholder, issuer, or seller. It also covers tampering with cards or packaging offered for sale and schemes using false claims to obtain cards or spending details. Using cards or details obtained through these acts to get money, goods, services, or anything valuable is also covered. Existing Delaware theft penalties apply. A card's value includes its full face value and reflects the greatest loss its owner could reasonably suffer.