570.137. Gift card fraud, offense of — penalties. — 1. A person commits the offense of gift card fraud if he or she knowingly:
(1) Alters or tampers with a gift card or its packaging;
(2) Devises a scheme to obtain a gift card or gift card redemption information from a gift card holder, gift card issuer, or gift card seller by means of deceit; or
(3) 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 this subsection.
2. The offense of gift card fraud is a class C felony if the value of the gift card; gift card redemption information; or money, goods, services, or other thing of value obtained as a result of violating subsection 1 of this section is twenty-five thousand dollars or more.
3. The offense of gift card fraud is a class D felony if the value of the gift card; gift card redemption information; or money, goods, services, or other thing of value obtained as a result of violating subsection 1 of this section is seven hundred fifty dollars or more but less than twenty-five thousand dollars.
4. The offense of gift card fraud is a class A misdemeanor if the value of the gift card; gift card redemption information; or money, goods, services, or other thing of value obtained as a result of violating subsection 1 of this section is less than seven hundred fifty dollars. For the purpose of determining the value of a gift card under this section, "value" shall mean the greatest amount of economic loss the owner of the property might reasonably suffer, including, in the case of a gift card, the full monetary face value or potential value for variable load gift cards.
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(L. 2026 S.B. 1421)
Severability clause, see § 1.1010