The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Senate Legislative Services. The keyword,
summary, and digest do not constitute part of the law or proof or indicia of legislative
intent. [R.S. 1:13(B) and 24:177(E)]
DIGEST
SB 38 Original 2025 Regular Session Hensgens
Proposed law creates the crime of theft of gift cards or gift card redemption information and makes
it a crime to:
(1)Intentionally acquire or retain possession of a gift card or gift card redemption information
without the consent of either the card holder, card issuer, or card seller.
(2)Alter, tamper with, or duplicate a gift card, gift card redemption information, or gift card
packaging with the intent to defraud.
(3)Devise or participate in a scheme to obtain a gift card or gift card redemption information
from a cardholder, card issuer, or card seller by means of false or fraudulent pretenses,
representations, or promises.
Proposed law provides definitions relative to proposed law.
Proposed law provides that a person who intentionally acquires or retains possession of a gift card
or gift card redemption information without consent of either the card holder, card issuer, or card
seller will be sentenced according to the provisions of present law relative to theft.
Proposed law provides that a person who alters, tampers with, or duplicates, a gift card, gift card
redemption information, or gift card packaging with the intent to defraud will be sentenced according
to the provisions of present law relative to theft, and will be imprisoned for an additional period of
one year, with or without hard labor, to be served consecutively with any period of incarceration
imposed pursuant to proposed law, and may be fined up to an additional $5,000.
Proposed law provides that a person who devises or participates in a scheme to obtain a gift card or
gift card redemption information from a cardholder, card issuer, or card seller by means of false or
fraudulent pretenses, representations, or promises will be sentenced according to the provisions of
present law relative to theft, and will be imprisoned for an additional period of two years, with or
without hard labor, to be served consecutively with any period of incarceration imposed pursuant
to proposed law, and may be fined up to an additional $10,000.
Effective August 1, 2025.
(Adds R.S. 14:67.23)