Session of 2025
SENATE BILL No. 84
By Committee on Judiciary
1-27
AN ACT concerning crimes, punishment and criminal procedure; relating
to crimes involving property; modifying criminal use of a financial card
to include certain conduct involving gift cards; amending K.S.A. 21-
5828 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 21-5828 is hereby amended to read as follows: 21-
5828. (a) Criminal use of a financial card or gift card is any of the
following acts done with intent to defraud and to obtain money, goods,
property or services:
(1) Using a financial card without the consent of the cardholder;
(2) using a financial card, or the number or description thereof, which
has been revoked or canceled; or
(3) using a falsified, mutilated, altered or nonexistent financial card or
a number or description thereof;
(4) acquiring or retaining possession of a gift card or gift card
redemption information without the consent of the cardholder, gift card
issuer or gift card seller; or
(5) altering or tampering with a gift card.
(b) Criminal use of a financial card or gift card is a:
(1) Severity level 7, nonperson felony if the money, goods, property
or services obtained within any seven-day period are of the value of
$25,000 or more;
(2) Severity level 9, nonperson felony if the money, goods, property
or services obtained within any seven-day period are of the value of at
least $1,000 but less than $25,000; and
(3) class A nonperson misdemeanor if the money, goods, property or
services obtained within a seven-day period are of the value of less than
$1,000.
(c) As used in this section:
(1) "Cardholder" means:
(A) The person or entity to whom or for whose benefit a financial
card is issued; or
(B) the person to whom a physical or virtual gift card is issued or any
person who has agreed with the card issuer to pay obligations arising
from the issuance of a gift card to another person;
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(2) "closed-loop gift card" means a card, code or device that 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 is
redeemable upon presentation by a consumer at a single merchant or
group of affiliated merchants;
(3) "financial card" means an identification card, plate, instrument,
device or number issued by a business organization authorizing the
cardholder to purchase, lease or otherwise obtain money, goods, property
or services or to conduct other financial transactions; and
(2) "cardholder" means the person or entity to whom or for whose
benefit a financial card is issued
(4) "gift card" means a physical or digital closed-loop gift card or
open-loop gift card that is either activated or inactivated;
(5) "gift card issuer" means any person that issues a gift card or the
agent of that person with respect to such card;
(6) "gift card redemption information" means information unique to
each gift card that allows the cardholder to access, transfer or spend the
funds on such gift card;
(7) "gift card seller" means a merchant that is engaged in the
business of selling gift cards to consumers; and
(8) "open-loop gift card" means a card, code or device that 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 is
redeemable upon presentation at multiple unaffiliated merchants for goods
or services within the payment card network.
(d) For the purposes of subsection (a)(2), a financial card shall be
deemed canceled or revoked when notice in writing thereof has been
received by the named holder thereof as shown on such financial card or
by the records of the company.
Sec. 2. K.S.A. 21-5828 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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