Stricken language would be deleted from and underlined language would be added to present law.
Act 659 of the Regular Session
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State of Arkansas As Engrossed: S3/11/25 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 302 3
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By: Senator Gilmore 5
By: Representative Beaty Jr. 6
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For An Act To Be Entitled 8
AN ACT TO CREATE THE CRIMINAL OFFENSE OF GIFT CARD 9
FRAUD; TO DECLARE AN EMERGENCY; AND FOR OTHER 10
PURPOSES. 11
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Subtitle 14
TO CREATE THE CRIMINAL OFFENSE OF GIFT 15
CARD FRAUD; AND TO DECLARE AN EMERGENCY. 16
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 18
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SECTION 1. Arkansas Code Title 5, Chapter 37, Subchapter 2, is amended to 20
add an additional section to read as follows: 21
5-37-229. Gift card fraud — Definitions. 22
(a) As used in this section: 23
(1) "Card holder" means a person who receives a gift card 24
through a purchase or a gift; 25
(2) "Card issuer" means a person or agent of the person that 26
issues a gift card; 27
(3) "Gift card" means a physical or electronic payment device 28
that is: 29
(A) Usable at a single merchant or affiliated group of 30
merchants that share the same name, mark, or logo; 31
(B) Issued in a specified amount and may be increased in 32
value or reloaded; 33
(C) Purchased on a prepaid basis in exchange for payment; 34
and 35
(D) Honored upon presentation by the card holder to a 36 As Engrossed: S3/11/25 SB302
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single merchant or affiliated group of merchants for goods or services; 1
(4) "Gift card redemption information" means any numeric codes 2
specific to the activation or redemption of a gift card ; and 3
(5) "Value" means the greatest amount of economic loss the owner 4
of a gift card could reasonably suffer including without limitation the full 5
monetary face value or potential value for a variable load gift card . 6
(b) A person commits the offense of gift card fraud if he or she: 7
(1) With purpose to defraud, acquires or retains possession of a 8
gift card or gift card redemption information with the purpose of depriving 9
the owner of property; 10
(2) Obtains by deception a gift card or gift card redemption 11
information from a card holder or card issuer with the purpose of depriving 12
the owner of property; 13
(3) Knowingly uses a gift card or gift card redemption 14
information that has been obtained in violation of subdivision (b)(1) or 15
(b)(2) of this section for the purpose of obtaining money, goods, services, 16
or anything else of value. 17
(c) Gift card fraud is a: 18
(1) Class B felony if: 19
(A) The value of a gift card or gift card redemption 20
information is twenty -five thousand dollars ($25,000) or more; or 21
(B) The aggregate value of one (1) or more gift cards or 22
gift card redemption information obtained through multiple violations of 23
subsection (b) of this section within one hundred twenty (120) days is 24
twenty-five thousand dollars ($25,000) or more; 25
(2) Class C felony if: 26
(A) The value of a gift card or gift card redemption 27
information is less than twenty -five thousand dollars ($25,000) but more than 28
five thousand dollars ($5,000); or 29
(B) The aggregate value of one (1) or more gift cards or 30
gift card redemption information acquired, retained, obtained, or used in 31
violation of subsection (b) of this section within one hundred twenty (120) 32
days is less than twenty -five thousand dollars ($25,000) but more than five 33
thousand dollars ($5,000); 34
(3) Class D felony if: 35
(A) The value of a gift card or gift card redemption 36 As Engrossed: S3/11/25 SB302
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information is less than five thousand dollars ($5,000) but more than one 1
thousand dollars ($1,000); or 2
(B) The aggregate value of one (1) or more gift cards or 3
gift card information acquired, retained, obtained, or used in violation of 4
subsection (b) of this section within one hundred twenty (120) days is less 5
than five thousand dollars ($5,000) but more than one thousand dollars 6
($1,000); or 7
(4) Class A misdemeanor if: 8
(A) The value of a gift card or gift card information is 9
less than one thousand dollars ($1,000); or 10
(B) The aggregate value of one (1) or more gift cards or 11
gift card information acquired, retained, obtained, or used in violation of 12
subsection (b) of this section within one hundred twenty (120) days is less 13
than one thousand dollars ($1,000). 14
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SECTION 2. EMERGENCY CLAUSE. It is found and determined by the 16
General Assembly of the State of Arkansas that gift card fraud is a pervasive 17
problem in the state; that businesses and consumers suffer the economic 18
consequences of such crimes; and that this act is immediately necessary to 19
provide a deterrent against gift card fraud and protect the economy of the 20
state. Therefore, an emergency is declared to exist, and this act being 21
immediately necessary for the preservation of the public peace, health, and 22
safety shall become effective on: 23
(1) The date of its approval by the Governor; 24
(2) If the bill is neither approved nor vetoed by the Governor, 25
the expiration of the period of time during which the Governor may veto the 26
bill; or 27
(3) If the bill is vetoed by the Governor and the veto is 28
overridden, the date the last house overrides the veto. 29
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/s/Gilmore 31
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APPROVED: 4/16/25 34
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