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| 1 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 710Introduced by Assembly Member IrwinFebruary 14, 2025 An act to add Section 490.45 to the Penal Code, relating to crimes.LEGISLATIVE COUNSEL'S DIGESTAB 710, as introduced, Irwin. Theft of a gift card.Existing law makes every person who, with intent to defraud, sells, transfers, or conveys an access card, as defined, without the cardholders or issuers consent guilty of grand theft. Existing law makes every person who, with the intent to defraud, designs, makes, alters, or embosses a counterfeit access card or utters or otherwise attempts to use a counterfeit access card guilty of forgery. Existing law makes every person who, with the intent to defraud, uses a forged or altered card guilty of theft.This bill would make a person who, with the intent to defraud, acquires or retains possession of a gift card or gift card redemption information, as defined, or uses an acquired or forged card, without the consent of the cardholder, card issuer, or gift card seller, or, with the intent to defraud, devises a scheme to obtain a gift card or gift card redemption information from a cardholder, card issuer, or gift card seller by means of false or fraudulent pretenses, representations, or promises guilty of theft, punishable as a misdemeanor, and, if the things of value that are acquired or used exceed $950, guilty of grand theft, punishable as a misdemeanor or a felony. The bill would make a person who, with the intent to defraud, alters or tampers with a gift card guilty of forgery, punishable as a misdemeanor or a felony. By creating new crimes, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 490.45 is added to the Penal Code, to read:490.45. (a) A person who, with the intent to defraud, acquires or retains possession of a gift card or gift card redemption information without the consent of the cardholder, card issuer, or gift card seller is guilty of theft.(b) A person who, with the intent to defraud, alters or tampers with a gift card is guilty of forgery, punishable pursuant to Section 473.(c) A person who, with the intent to defraud, uses a gift card or gift card redemption information for the purpose of obtaining money, goods, services, or anything else of value that has been obtained in violation of subdivision (a) or (b) is guilty of theft.(d) A person who, with the intent to defraud, devises a scheme to obtain a gift card or gift card redemption information from a cardholder, card issuer, or gift card seller by means of false or fraudulent pretenses, representations, or promises is guilty of theft.(e) If the value of all money, goods, services, and other things of value obtained in violation of this section exceeds nine hundred fifty dollars ($950), the person is guilty of grand theft.(f) For the purposes of this section, the following terms have the following meanings:(1) Cardholder means a person to whom a physical or virtual gift card is issued through a purchase or a person who receives a gift card from a willing party.(2) Card issuer means a person that issues a gift card or the agent of that person with respect to that card.(3) (A) Gift card means a physical or digital card, code, or device that is either activated or inactivated and is issued to a consumer on a prepaid basis primarily for personal, family, or household purposes in a specified amount, regardless of whether that amount may be increased or reloaded in exchange for payment, and can be either of the following:(i) A closed-loop gift card, meaning that it is redeemable upon presentation by a consumer at a single merchant or group of affiliated merchants.(ii) An open-loop gift card, meaning that it is redeemable upon presentation by a consumer at multiple unaffiliated merchants for goods or services within the payment card network.(B) Gift card does not mean access card as that term is defined in Section 484d.(4) Gift card redemption information means information unique to a gift card that allows the cardholder to access, transfer, or spend the funds accessed by the gift card.(5) Gift card seller means a merchant that is engaged in the business of selling open-loop or closed-loop gift cards to consumers.(6) Value means the greatest amount of economic loss the owner of the property might reasonably suffer, including the full monetary face value of a gift card or the potential value for variable load gift cards.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
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| 3 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 710Introduced by Assembly Member IrwinFebruary 14, 2025 An act to add Section 490.45 to the Penal Code, relating to crimes.LEGISLATIVE COUNSEL'S DIGESTAB 710, as introduced, Irwin. Theft of a gift card.Existing law makes every person who, with intent to defraud, sells, transfers, or conveys an access card, as defined, without the cardholders or issuers consent guilty of grand theft. Existing law makes every person who, with the intent to defraud, designs, makes, alters, or embosses a counterfeit access card or utters or otherwise attempts to use a counterfeit access card guilty of forgery. Existing law makes every person who, with the intent to defraud, uses a forged or altered card guilty of theft.This bill would make a person who, with the intent to defraud, acquires or retains possession of a gift card or gift card redemption information, as defined, or uses an acquired or forged card, without the consent of the cardholder, card issuer, or gift card seller, or, with the intent to defraud, devises a scheme to obtain a gift card or gift card redemption information from a cardholder, card issuer, or gift card seller by means of false or fraudulent pretenses, representations, or promises guilty of theft, punishable as a misdemeanor, and, if the things of value that are acquired or used exceed $950, guilty of grand theft, punishable as a misdemeanor or a felony. The bill would make a person who, with the intent to defraud, alters or tampers with a gift card guilty of forgery, punishable as a misdemeanor or a felony. By creating new crimes, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES | |
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| 5 | - | Amended IN Assembly March 18, 2025 | |
| 6 | 5 | ||
| 7 | - | Amended IN Assembly March 18, 2025 | |
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| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
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| 11 | 11 | Assembly Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 710 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Assembly Member IrwinFebruary 14, 2025 | |
| 16 | 16 | ||
| 17 | 17 | Introduced by Assembly Member Irwin | |
| 18 | 18 | February 14, 2025 | |
| 19 | 19 | ||
| 20 | 20 | An act to add Section 490.45 to the Penal Code, relating to crimes. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | AB 710, as | |
| 26 | + | AB 710, as introduced, Irwin. Theft of a gift card. | |
| 27 | 27 | ||
| 28 | 28 | Existing law makes every person who, with intent to defraud, sells, transfers, or conveys an access card, as defined, without the cardholders or issuers consent guilty of grand theft. Existing law makes every person who, with the intent to defraud, designs, makes, alters, or embosses a counterfeit access card or utters or otherwise attempts to use a counterfeit access card guilty of forgery. Existing law makes every person who, with the intent to defraud, uses a forged or altered card guilty of theft.This bill would make a person who, with the intent to defraud, acquires or retains possession of a gift card or gift card redemption information, as defined, or uses an acquired or forged card, without the consent of the cardholder, card issuer, or gift card seller, or, with the intent to defraud, devises a scheme to obtain a gift card or gift card redemption information from a cardholder, card issuer, or gift card seller by means of false or fraudulent pretenses, representations, or promises guilty of theft, punishable as a misdemeanor, and, if the things of value that are acquired or used exceed $950, guilty of grand theft, punishable as a misdemeanor or a felony. The bill would make a person who, with the intent to defraud, alters or tampers with a gift card guilty of forgery, punishable as a misdemeanor or a felony. By creating new crimes, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 29 | 29 | ||
| 30 | 30 | Existing law makes every person who, with intent to defraud, sells, transfers, or conveys an access card, as defined, without the cardholders or issuers consent guilty of grand theft. Existing law makes every person who, with the intent to defraud, designs, makes, alters, or embosses a counterfeit access card or utters or otherwise attempts to use a counterfeit access card guilty of forgery. Existing law makes every person who, with the intent to defraud, uses a forged or altered card guilty of theft. | |
| 31 | 31 | ||
| 32 | 32 | This bill would make a person who, with the intent to defraud, acquires or retains possession of a gift card or gift card redemption information, as defined, or uses an acquired or forged card, without the consent of the cardholder, card issuer, or gift card seller, or, with the intent to defraud, devises a scheme to obtain a gift card or gift card redemption information from a cardholder, card issuer, or gift card seller by means of false or fraudulent pretenses, representations, or promises guilty of theft, punishable as a misdemeanor, and, if the things of value that are acquired or used exceed $950, guilty of grand theft, punishable as a misdemeanor or a felony. The bill would make a person who, with the intent to defraud, alters or tampers with a gift card guilty of forgery, punishable as a misdemeanor or a felony. By creating new crimes, the bill would impose a state-mandated local program. | |
| 33 | 33 | ||
| 34 | 34 | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. | |
| 35 | 35 | ||
| 36 | 36 | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 37 | 37 | ||
| 38 | 38 | ## Digest Key | |
| 39 | 39 | ||
| 40 | 40 | ## Bill Text | |
| 41 | 41 | ||
| 42 | - | The people of the State of California do enact as follows:SECTION 1. Section 490.45 is added to the Penal Code, to read:490.45. (a) A person who, with the intent to defraud, acquires or retains possession of a gift card or gift card redemption information without the consent of the cardholder, card issuer, or gift card seller is guilty of theft.(b) A person who, with the intent to defraud, alters or tampers with a gift card is guilty of forgery, punishable pursuant to Section 473.(c) A person who, with the intent to defraud, uses a gift card or gift card redemption information for the purpose of obtaining money, goods, services, or anything else of value that has been obtained in violation of subdivision (a) or (b) is guilty of theft.(d) A person who, with the intent to defraud, devises a scheme to obtain a gift card or gift card redemption information from a cardholder, card issuer, or gift card seller by means of false or fraudulent pretenses, representations, or promises is guilty of theft.(e) If the value of all money, goods, services, and other things of value obtained in violation of this section exceeds nine hundred fifty dollars ($950), the person is guilty of grand theft.(f) For the purposes of this section, the following terms have the following meanings:(1) Cardholder means a person to whom a physical or virtual gift card is issued through a purchase or a person who receives a gift card from a willing party.(2) Card issuer means a person that issues a gift card or the agent of that person with respect to that card.(3) (A)Gift card means a physical or digital card, code, or device that is either activated or inactivated and is issued to a consumer on a prepaid basis primarily for personal, family, or household purposes in a specified amount, regardless of whether that amount may be increased or reloaded in exchange for payment, and can be either of the following:(i) | |
| 42 | + | The people of the State of California do enact as follows:SECTION 1. Section 490.45 is added to the Penal Code, to read:490.45. (a) A person who, with the intent to defraud, acquires or retains possession of a gift card or gift card redemption information without the consent of the cardholder, card issuer, or gift card seller is guilty of theft.(b) A person who, with the intent to defraud, alters or tampers with a gift card is guilty of forgery, punishable pursuant to Section 473.(c) A person who, with the intent to defraud, uses a gift card or gift card redemption information for the purpose of obtaining money, goods, services, or anything else of value that has been obtained in violation of subdivision (a) or (b) is guilty of theft.(d) A person who, with the intent to defraud, devises a scheme to obtain a gift card or gift card redemption information from a cardholder, card issuer, or gift card seller by means of false or fraudulent pretenses, representations, or promises is guilty of theft.(e) If the value of all money, goods, services, and other things of value obtained in violation of this section exceeds nine hundred fifty dollars ($950), the person is guilty of grand theft.(f) For the purposes of this section, the following terms have the following meanings:(1) Cardholder means a person to whom a physical or virtual gift card is issued through a purchase or a person who receives a gift card from a willing party.(2) Card issuer means a person that issues a gift card or the agent of that person with respect to that card.(3) (A) Gift card means a physical or digital card, code, or device that is either activated or inactivated and is issued to a consumer on a prepaid basis primarily for personal, family, or household purposes in a specified amount, regardless of whether that amount may be increased or reloaded in exchange for payment, and can be either of the following:(i) A closed-loop gift card, meaning that it is redeemable upon presentation by a consumer at a single merchant or group of affiliated merchants.(ii) An open-loop gift card, meaning that it is redeemable upon presentation by a consumer at multiple unaffiliated merchants for goods or services within the payment card network.(B) Gift card does not mean access card as that term is defined in Section 484d.(4) Gift card redemption information means information unique to a gift card that allows the cardholder to access, transfer, or spend the funds accessed by the gift card.(5) Gift card seller means a merchant that is engaged in the business of selling open-loop or closed-loop gift cards to consumers.(6) Value means the greatest amount of economic loss the owner of the property might reasonably suffer, including the full monetary face value of a gift card or the potential value for variable load gift cards.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 43 | 43 | ||
| 44 | 44 | The people of the State of California do enact as follows: | |
| 45 | 45 | ||
| 46 | 46 | ## The people of the State of California do enact as follows: | |
| 47 | 47 | ||
| 48 | - | SECTION 1. Section 490.45 is added to the Penal Code, to read:490.45. (a) A person who, with the intent to defraud, acquires or retains possession of a gift card or gift card redemption information without the consent of the cardholder, card issuer, or gift card seller is guilty of theft.(b) A person who, with the intent to defraud, alters or tampers with a gift card is guilty of forgery, punishable pursuant to Section 473.(c) A person who, with the intent to defraud, uses a gift card or gift card redemption information for the purpose of obtaining money, goods, services, or anything else of value that has been obtained in violation of subdivision (a) or (b) is guilty of theft.(d) A person who, with the intent to defraud, devises a scheme to obtain a gift card or gift card redemption information from a cardholder, card issuer, or gift card seller by means of false or fraudulent pretenses, representations, or promises is guilty of theft.(e) If the value of all money, goods, services, and other things of value obtained in violation of this section exceeds nine hundred fifty dollars ($950), the person is guilty of grand theft.(f) For the purposes of this section, the following terms have the following meanings:(1) Cardholder means a person to whom a physical or virtual gift card is issued through a purchase or a person who receives a gift card from a willing party.(2) Card issuer means a person that issues a gift card or the agent of that person with respect to that card.(3) (A)Gift card means a physical or digital card, code, or device that is either activated or inactivated and is issued to a consumer on a prepaid basis primarily for personal, family, or household purposes in a specified amount, regardless of whether that amount may be increased or reloaded in exchange for payment, and can be either of the following:(i) | |
| 48 | + | SECTION 1. Section 490.45 is added to the Penal Code, to read:490.45. (a) A person who, with the intent to defraud, acquires or retains possession of a gift card or gift card redemption information without the consent of the cardholder, card issuer, or gift card seller is guilty of theft.(b) A person who, with the intent to defraud, alters or tampers with a gift card is guilty of forgery, punishable pursuant to Section 473.(c) A person who, with the intent to defraud, uses a gift card or gift card redemption information for the purpose of obtaining money, goods, services, or anything else of value that has been obtained in violation of subdivision (a) or (b) is guilty of theft.(d) A person who, with the intent to defraud, devises a scheme to obtain a gift card or gift card redemption information from a cardholder, card issuer, or gift card seller by means of false or fraudulent pretenses, representations, or promises is guilty of theft.(e) If the value of all money, goods, services, and other things of value obtained in violation of this section exceeds nine hundred fifty dollars ($950), the person is guilty of grand theft.(f) For the purposes of this section, the following terms have the following meanings:(1) Cardholder means a person to whom a physical or virtual gift card is issued through a purchase or a person who receives a gift card from a willing party.(2) Card issuer means a person that issues a gift card or the agent of that person with respect to that card.(3) (A) Gift card means a physical or digital card, code, or device that is either activated or inactivated and is issued to a consumer on a prepaid basis primarily for personal, family, or household purposes in a specified amount, regardless of whether that amount may be increased or reloaded in exchange for payment, and can be either of the following:(i) A closed-loop gift card, meaning that it is redeemable upon presentation by a consumer at a single merchant or group of affiliated merchants.(ii) An open-loop gift card, meaning that it is redeemable upon presentation by a consumer at multiple unaffiliated merchants for goods or services within the payment card network.(B) Gift card does not mean access card as that term is defined in Section 484d.(4) Gift card redemption information means information unique to a gift card that allows the cardholder to access, transfer, or spend the funds accessed by the gift card.(5) Gift card seller means a merchant that is engaged in the business of selling open-loop or closed-loop gift cards to consumers.(6) Value means the greatest amount of economic loss the owner of the property might reasonably suffer, including the full monetary face value of a gift card or the potential value for variable load gift cards. | |
| 49 | 49 | ||
| 50 | 50 | SECTION 1. Section 490.45 is added to the Penal Code, to read: | |
| 51 | 51 | ||
| 52 | 52 | ### SECTION 1. | |
| 53 | 53 | ||
| 54 | - | 490.45. (a) A person who, with the intent to defraud, acquires or retains possession of a gift card or gift card redemption information without the consent of the cardholder, card issuer, or gift card seller is guilty of theft.(b) A person who, with the intent to defraud, alters or tampers with a gift card is guilty of forgery, punishable pursuant to Section 473.(c) A person who, with the intent to defraud, uses a gift card or gift card redemption information for the purpose of obtaining money, goods, services, or anything else of value that has been obtained in violation of subdivision (a) or (b) is guilty of theft.(d) A person who, with the intent to defraud, devises a scheme to obtain a gift card or gift card redemption information from a cardholder, card issuer, or gift card seller by means of false or fraudulent pretenses, representations, or promises is guilty of theft.(e) If the value of all money, goods, services, and other things of value obtained in violation of this section exceeds nine hundred fifty dollars ($950), the person is guilty of grand theft.(f) For the purposes of this section, the following terms have the following meanings:(1) Cardholder means a person to whom a physical or virtual gift card is issued through a purchase or a person who receives a gift card from a willing party.(2) Card issuer means a person that issues a gift card or the agent of that person with respect to that card.(3) (A)Gift card means a physical or digital card, code, or device that is either activated or inactivated and is issued to a consumer on a prepaid basis primarily for personal, family, or household purposes in a specified amount, regardless of whether that amount may be increased or reloaded in exchange for payment, and can be either of the following:(i) | |
| 54 | + | 490.45. (a) A person who, with the intent to defraud, acquires or retains possession of a gift card or gift card redemption information without the consent of the cardholder, card issuer, or gift card seller is guilty of theft.(b) A person who, with the intent to defraud, alters or tampers with a gift card is guilty of forgery, punishable pursuant to Section 473.(c) A person who, with the intent to defraud, uses a gift card or gift card redemption information for the purpose of obtaining money, goods, services, or anything else of value that has been obtained in violation of subdivision (a) or (b) is guilty of theft.(d) A person who, with the intent to defraud, devises a scheme to obtain a gift card or gift card redemption information from a cardholder, card issuer, or gift card seller by means of false or fraudulent pretenses, representations, or promises is guilty of theft.(e) If the value of all money, goods, services, and other things of value obtained in violation of this section exceeds nine hundred fifty dollars ($950), the person is guilty of grand theft.(f) For the purposes of this section, the following terms have the following meanings:(1) Cardholder means a person to whom a physical or virtual gift card is issued through a purchase or a person who receives a gift card from a willing party.(2) Card issuer means a person that issues a gift card or the agent of that person with respect to that card.(3) (A) Gift card means a physical or digital card, code, or device that is either activated or inactivated and is issued to a consumer on a prepaid basis primarily for personal, family, or household purposes in a specified amount, regardless of whether that amount may be increased or reloaded in exchange for payment, and can be either of the following:(i) A closed-loop gift card, meaning that it is redeemable upon presentation by a consumer at a single merchant or group of affiliated merchants.(ii) An open-loop gift card, meaning that it is redeemable upon presentation by a consumer at multiple unaffiliated merchants for goods or services within the payment card network.(B) Gift card does not mean access card as that term is defined in Section 484d.(4) Gift card redemption information means information unique to a gift card that allows the cardholder to access, transfer, or spend the funds accessed by the gift card.(5) Gift card seller means a merchant that is engaged in the business of selling open-loop or closed-loop gift cards to consumers.(6) Value means the greatest amount of economic loss the owner of the property might reasonably suffer, including the full monetary face value of a gift card or the potential value for variable load gift cards. | |
| 55 | 55 | ||
| 56 | - | 490.45. (a) A person who, with the intent to defraud, acquires or retains possession of a gift card or gift card redemption information without the consent of the cardholder, card issuer, or gift card seller is guilty of theft.(b) A person who, with the intent to defraud, alters or tampers with a gift card is guilty of forgery, punishable pursuant to Section 473.(c) A person who, with the intent to defraud, uses a gift card or gift card redemption information for the purpose of obtaining money, goods, services, or anything else of value that has been obtained in violation of subdivision (a) or (b) is guilty of theft.(d) A person who, with the intent to defraud, devises a scheme to obtain a gift card or gift card redemption information from a cardholder, card issuer, or gift card seller by means of false or fraudulent pretenses, representations, or promises is guilty of theft.(e) If the value of all money, goods, services, and other things of value obtained in violation of this section exceeds nine hundred fifty dollars ($950), the person is guilty of grand theft.(f) For the purposes of this section, the following terms have the following meanings:(1) Cardholder means a person to whom a physical or virtual gift card is issued through a purchase or a person who receives a gift card from a willing party.(2) Card issuer means a person that issues a gift card or the agent of that person with respect to that card.(3) (A)Gift card means a physical or digital card, code, or device that is either activated or inactivated and is issued to a consumer on a prepaid basis primarily for personal, family, or household purposes in a specified amount, regardless of whether that amount may be increased or reloaded in exchange for payment, and can be either of the following:(i) | |
| 56 | + | 490.45. (a) A person who, with the intent to defraud, acquires or retains possession of a gift card or gift card redemption information without the consent of the cardholder, card issuer, or gift card seller is guilty of theft.(b) A person who, with the intent to defraud, alters or tampers with a gift card is guilty of forgery, punishable pursuant to Section 473.(c) A person who, with the intent to defraud, uses a gift card or gift card redemption information for the purpose of obtaining money, goods, services, or anything else of value that has been obtained in violation of subdivision (a) or (b) is guilty of theft.(d) A person who, with the intent to defraud, devises a scheme to obtain a gift card or gift card redemption information from a cardholder, card issuer, or gift card seller by means of false or fraudulent pretenses, representations, or promises is guilty of theft.(e) If the value of all money, goods, services, and other things of value obtained in violation of this section exceeds nine hundred fifty dollars ($950), the person is guilty of grand theft.(f) For the purposes of this section, the following terms have the following meanings:(1) Cardholder means a person to whom a physical or virtual gift card is issued through a purchase or a person who receives a gift card from a willing party.(2) Card issuer means a person that issues a gift card or the agent of that person with respect to that card.(3) (A) Gift card means a physical or digital card, code, or device that is either activated or inactivated and is issued to a consumer on a prepaid basis primarily for personal, family, or household purposes in a specified amount, regardless of whether that amount may be increased or reloaded in exchange for payment, and can be either of the following:(i) A closed-loop gift card, meaning that it is redeemable upon presentation by a consumer at a single merchant or group of affiliated merchants.(ii) An open-loop gift card, meaning that it is redeemable upon presentation by a consumer at multiple unaffiliated merchants for goods or services within the payment card network.(B) Gift card does not mean access card as that term is defined in Section 484d.(4) Gift card redemption information means information unique to a gift card that allows the cardholder to access, transfer, or spend the funds accessed by the gift card.(5) Gift card seller means a merchant that is engaged in the business of selling open-loop or closed-loop gift cards to consumers.(6) Value means the greatest amount of economic loss the owner of the property might reasonably suffer, including the full monetary face value of a gift card or the potential value for variable load gift cards. | |
| 57 | 57 | ||
| 58 | - | 490.45. (a) A person who, with the intent to defraud, acquires or retains possession of a gift card or gift card redemption information without the consent of the cardholder, card issuer, or gift card seller is guilty of theft.(b) A person who, with the intent to defraud, alters or tampers with a gift card is guilty of forgery, punishable pursuant to Section 473.(c) A person who, with the intent to defraud, uses a gift card or gift card redemption information for the purpose of obtaining money, goods, services, or anything else of value that has been obtained in violation of subdivision (a) or (b) is guilty of theft.(d) A person who, with the intent to defraud, devises a scheme to obtain a gift card or gift card redemption information from a cardholder, card issuer, or gift card seller by means of false or fraudulent pretenses, representations, or promises is guilty of theft.(e) If the value of all money, goods, services, and other things of value obtained in violation of this section exceeds nine hundred fifty dollars ($950), the person is guilty of grand theft.(f) For the purposes of this section, the following terms have the following meanings:(1) Cardholder means a person to whom a physical or virtual gift card is issued through a purchase or a person who receives a gift card from a willing party.(2) Card issuer means a person that issues a gift card or the agent of that person with respect to that card.(3) (A)Gift card means a physical or digital card, code, or device that is either activated or inactivated and is issued to a consumer on a prepaid basis primarily for personal, family, or household purposes in a specified amount, regardless of whether that amount may be increased or reloaded in exchange for payment, and can be either of the following:(i) | |
| 58 | + | 490.45. (a) A person who, with the intent to defraud, acquires or retains possession of a gift card or gift card redemption information without the consent of the cardholder, card issuer, or gift card seller is guilty of theft.(b) A person who, with the intent to defraud, alters or tampers with a gift card is guilty of forgery, punishable pursuant to Section 473.(c) A person who, with the intent to defraud, uses a gift card or gift card redemption information for the purpose of obtaining money, goods, services, or anything else of value that has been obtained in violation of subdivision (a) or (b) is guilty of theft.(d) A person who, with the intent to defraud, devises a scheme to obtain a gift card or gift card redemption information from a cardholder, card issuer, or gift card seller by means of false or fraudulent pretenses, representations, or promises is guilty of theft.(e) If the value of all money, goods, services, and other things of value obtained in violation of this section exceeds nine hundred fifty dollars ($950), the person is guilty of grand theft.(f) For the purposes of this section, the following terms have the following meanings:(1) Cardholder means a person to whom a physical or virtual gift card is issued through a purchase or a person who receives a gift card from a willing party.(2) Card issuer means a person that issues a gift card or the agent of that person with respect to that card.(3) (A) Gift card means a physical or digital card, code, or device that is either activated or inactivated and is issued to a consumer on a prepaid basis primarily for personal, family, or household purposes in a specified amount, regardless of whether that amount may be increased or reloaded in exchange for payment, and can be either of the following:(i) A closed-loop gift card, meaning that it is redeemable upon presentation by a consumer at a single merchant or group of affiliated merchants.(ii) An open-loop gift card, meaning that it is redeemable upon presentation by a consumer at multiple unaffiliated merchants for goods or services within the payment card network.(B) Gift card does not mean access card as that term is defined in Section 484d.(4) Gift card redemption information means information unique to a gift card that allows the cardholder to access, transfer, or spend the funds accessed by the gift card.(5) Gift card seller means a merchant that is engaged in the business of selling open-loop or closed-loop gift cards to consumers.(6) Value means the greatest amount of economic loss the owner of the property might reasonably suffer, including the full monetary face value of a gift card or the potential value for variable load gift cards. | |
| 59 | 59 | ||
| 60 | 60 | ||
| 61 | 61 | ||
| 62 | 62 | 490.45. (a) A person who, with the intent to defraud, acquires or retains possession of a gift card or gift card redemption information without the consent of the cardholder, card issuer, or gift card seller is guilty of theft. | |
| 63 | 63 | ||
| 64 | 64 | (b) A person who, with the intent to defraud, alters or tampers with a gift card is guilty of forgery, punishable pursuant to Section 473. | |
| 65 | 65 | ||
| 66 | 66 | (c) A person who, with the intent to defraud, uses a gift card or gift card redemption information for the purpose of obtaining money, goods, services, or anything else of value that has been obtained in violation of subdivision (a) or (b) is guilty of theft. | |
| 67 | 67 | ||
| 68 | 68 | (d) A person who, with the intent to defraud, devises a scheme to obtain a gift card or gift card redemption information from a cardholder, card issuer, or gift card seller by means of false or fraudulent pretenses, representations, or promises is guilty of theft. | |
| 69 | 69 | ||
| 70 | 70 | (e) If the value of all money, goods, services, and other things of value obtained in violation of this section exceeds nine hundred fifty dollars ($950), the person is guilty of grand theft. | |
| 71 | 71 | ||
| 72 | 72 | (f) For the purposes of this section, the following terms have the following meanings: | |
| 73 | 73 | ||
| 74 | 74 | (1) Cardholder means a person to whom a physical or virtual gift card is issued through a purchase or a person who receives a gift card from a willing party. | |
| 75 | 75 | ||
| 76 | 76 | (2) Card issuer means a person that issues a gift card or the agent of that person with respect to that card. | |
| 77 | 77 | ||
| 78 | 78 | (3) (A) Gift card means a physical or digital card, code, or device that is either activated or inactivated and is issued to a consumer on a prepaid basis primarily for personal, family, or household purposes in a specified amount, regardless of whether that amount may be increased or reloaded in exchange for payment, and can be either of the following: | |
| 79 | 79 | ||
| 80 | - | (i) | |
| 80 | + | (i) A closed-loop gift card, meaning that it is redeemable upon presentation by a consumer at a single merchant or group of affiliated merchants. | |
| 81 | 81 | ||
| 82 | - | ||
| 83 | - | ||
| 84 | - | (A) A closed-loop gift card, meaning that it is redeemable upon presentation by a consumer at a single merchant or group of affiliated merchants. | |
| 85 | - | ||
| 86 | - | (ii) | |
| 87 | - | ||
| 88 | - | ||
| 89 | - | ||
| 90 | - | (B) An open-loop gift card, meaning that it is redeemable upon presentation by a consumer at multiple unaffiliated merchants for goods or services within the payment card network. | |
| 82 | + | (ii) An open-loop gift card, meaning that it is redeemable upon presentation by a consumer at multiple unaffiliated merchants for goods or services within the payment card network. | |
| 91 | 83 | ||
| 92 | 84 | (B) Gift card does not mean access card as that term is defined in Section 484d. | |
| 93 | - | ||
| 94 | - | ||
| 95 | 85 | ||
| 96 | 86 | (4) Gift card redemption information means information unique to a gift card that allows the cardholder to access, transfer, or spend the funds accessed by the gift card. | |
| 97 | 87 | ||
| 98 | 88 | (5) Gift card seller means a merchant that is engaged in the business of selling open-loop or closed-loop gift cards to consumers. | |
| 99 | 89 | ||
| 100 | 90 | (6) Value means the greatest amount of economic loss the owner of the property might reasonably suffer, including the full monetary face value of a gift card or the potential value for variable load gift cards. | |
| 101 | 91 | ||
| 102 | 92 | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 103 | 93 | ||
| 104 | 94 | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 105 | 95 | ||
| 106 | 96 | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 107 | 97 | ||
| 108 | 98 | ### SEC. 2. |