(a) As used in this section:(1) “Card holder” means a person who receives a gift card through a purchase or a gift;(2) “Card issuer” means a person or agent of the person that issues a gift card;(3) “Gift card” means a physical or electronic payment device that is:(A) Usable at a single merchant or affiliated group of merchants that share the same name, mark, or logo;(B) Issued in a specified amount and may be increased in value or reloaded;(C) Purchased on a prepaid basis in exchange for payment; and(D) Honored upon presentation by the card holder to a single merchant or affiliated group of merchants for goods or services;(4) “Gift card redemption information” means any numeric codes specific to the activation or redemption of a gift card; and(5) “Value” means the greatest amount of economic loss the owner of a gift card could reasonably suffer, including without limitation the full monetary face value or potential value for a variable load gift card.
(1) “Card holder” means a person who receives a gift card through a purchase or a gift;
(2) “Card issuer” means a person or agent of the person that issues a gift card;
(3) “Gift card” means a physical or electronic payment device that is:(A) Usable at a single merchant or affiliated group of merchants that share the same name, mark, or logo;(B) Issued in a specified amount and may be increased in value or reloaded;(C) Purchased on a prepaid basis in exchange for payment; and(D) Honored upon presentation by the card holder to a single merchant or affiliated group of merchants for goods or services;
(A) Usable at a single merchant or affiliated group of merchants that share the same name, mark, or logo;
(B) Issued in a specified amount and may be increased in value or reloaded;
(C) Purchased on a prepaid basis in exchange for payment; and
(D) Honored upon presentation by the card holder to a single merchant or affiliated group of merchants for goods or services;
(4) “Gift card redemption information” means any numeric codes specific to the activation or redemption of a gift card; and
(5) “Value” means the greatest amount of economic loss the owner of a gift card could reasonably suffer, including without limitation the full monetary face value or potential value for a variable load gift card.
(b) A person commits the offense of gift card fraud if he or she:(1) With purpose to defraud, acquires or retains possession of a gift card or gift card redemption information with the purpose of depriving the owner of property;(2) Obtains by deception a gift card or gift card redemption information from a card holder or card issuer with the purpose of depriving the owner of property;(3) Knowingly uses a gift card or gift card redemption information that has been obtained in violation of subdivision (b)(1) or (b)(2) of this section for the purpose of obtaining money, goods, services, or anything else of value.
(1) With purpose to defraud, acquires or retains possession of a gift card or gift card redemption information with the purpose of depriving the owner of property;
(2) Obtains by deception a gift card or gift card redemption information from a card holder or card issuer with the purpose of depriving the owner of property;
(3) Knowingly uses a gift card or gift card redemption information that has been obtained in violation of subdivision (b)(1) or (b)(2) of this section for the purpose of obtaining money, goods, services, or anything else of value.
(c) Gift card fraud is a:(1) Class B felony if:(A) The value of a gift card or gift card redemption information is twenty-five thousand dollars ($25,000) or more; or(B) The aggregate value of one (1) or more gift cards or gift card redemption information obtained through multiple violations of subsection (b) of this section within one hundred twenty (120) days is twenty-five thousand dollars ($25,000) or more;(2) Class C felony if:(A) The value of a gift card or gift card redemption information is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000); or(B) The aggregate value of one (1) or more gift cards or gift card redemption information acquired, retained, obtained, or used in violation of subsection (b) of this section within one hundred twenty (120) days is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000);(3) Class D felony if:(A) The value of a gift card or gift card redemption information is less than five thousand dollars ($5,000) but more than one thousand dollars ($1,000); or(B) The aggregate value of one (1) or more gift cards or gift card redemption information acquired, retained, obtained, or used in violation of subsection (b) of this section within one hundred twenty (120) days is less than five thousand dollars ($5,000) but more than one thousand dollars ($1,000); or(4) Class A misdemeanor if:(A) The value of a gift card or gift card redemption information is less than one thousand dollars ($1,000); or(B) The aggregate value of one (1) or more gift cards or gift card redemption information acquired, retained, obtained, or used in violation of subsection (b) of this section within one hundred twenty (120) days is less than one thousand dollars ($1,000).
(1) Class B felony if:(A) The value of a gift card or gift card redemption information is twenty-five thousand dollars ($25,000) or more; or(B) The aggregate value of one (1) or more gift cards or gift card redemption information obtained through multiple violations of subsection (b) of this section within one hundred twenty (120) days is twenty-five thousand dollars ($25,000) or more;
(A) The value of a gift card or gift card redemption information is twenty-five thousand dollars ($25,000) or more; or
(B) The aggregate value of one (1) or more gift cards or gift card redemption information obtained through multiple violations of subsection (b) of this section within one hundred twenty (120) days is twenty-five thousand dollars ($25,000) or more;
(2) Class C felony if:(A) The value of a gift card or gift card redemption information is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000); or(B) The aggregate value of one (1) or more gift cards or gift card redemption information acquired, retained, obtained, or used in violation of subsection (b) of this section within one hundred twenty (120) days is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000);
(A) The value of a gift card or gift card redemption information is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000); or
(B) The aggregate value of one (1) or more gift cards or gift card redemption information acquired, retained, obtained, or used in violation of subsection (b) of this section within one hundred twenty (120) days is less than twenty-five thousand dollars ($25,000) but more than five thousand dollars ($5,000);
(3) Class D felony if:(A) The value of a gift card or gift card redemption information is less than five thousand dollars ($5,000) but more than one thousand dollars ($1,000); or(B) The aggregate value of one (1) or more gift cards or gift card redemption information acquired, retained, obtained, or used in violation of subsection (b) of this section within one hundred twenty (120) days is less than five thousand dollars ($5,000) but more than one thousand dollars ($1,000); or
(A) The value of a gift card or gift card redemption information is less than five thousand dollars ($5,000) but more than one thousand dollars ($1,000); or
(B) The aggregate value of one (1) or more gift cards or gift card redemption information acquired, retained, obtained, or used in violation of subsection (b) of this section within one hundred twenty (120) days is less than five thousand dollars ($5,000) but more than one thousand dollars ($1,000); or
(4) Class A misdemeanor if:(A) The value of a gift card or gift card redemption information is less than one thousand dollars ($1,000); or(B) The aggregate value of one (1) or more gift cards or gift card redemption information acquired, retained, obtained, or used in violation of subsection (b) of this section within one hundred twenty (120) days is less than one thousand dollars ($1,000).
(A) The value of a gift card or gift card redemption information is less than one thousand dollars ($1,000); or
(B) The aggregate value of one (1) or more gift cards or gift card redemption information acquired, retained, obtained, or used in violation of subsection (b) of this section within one hundred twenty (120) days is less than one thousand dollars ($1,000).