EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
[Brackets] indicate matter deleted from existing law.
*hb1074*
HOUSE BILL 1074
E1 5lr2362
CF SB 874
By: Delegate Toles
Introduced and read first time: February 5, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Criminal Law – Gift Card Crimes 2
FOR the purpose of prohibiting a person from taking a certain gift card from another or 3
receiving a gift card with the intent to use, sell, or transfer the gift card in a certain 4
manner; prohibiting a person from receiving a gift card that the person knows was 5
lost, mislaid, or delivered under a mistake and retaining possession in a certain 6
manner; prohibiting a person from selling and buying a gift card under certain 7
circumstances; prohibiting a person from falsely making or embossing a gift card or 8
transferring or possessing certain falsely made gift cards under certain 9
circumstances; prohibiting a person other than a certain intended gift card recipient 10
from signing a gift card with the intent to defraud another; and generally relating to 11
crimes involving gift cards. 12
BY repealing and reenacting, with amendments, 13
Article – Criminal Law 14
Section 8–201 to be under the amended subtitle “Subtitle 2. Credit Card and Gift 15
Card Crimes” 16
Annotated Code of Maryland 17
(2021 Replacement Volume and 2024 Supplement) 18
BY adding to 19
Article – Criminal Law 20
Section 8–204.1 and 8–205.1 21
Annotated Code of Maryland 22
(2021 Replacement Volume and 2024 Supplement) 23
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYL AND, 24
That the Laws of Maryland read as follows: 25
Article – Criminal Law 26
2 HOUSE BILL 1074
Subtitle 2. Credit Card AND GIFT CARD Crimes. 1
8–201. 2
(a) In this subtitle the following words have the meanings indicated. 3
(b) “Cardholder” means the person named on the face of a credit card to whom or 4
for whose benefit the credit card is issued by an issuer. 5
(c) (1) “Credit card” means an instrument or device issued by an issuer for the 6
use of a cardholder in obtaining money, goods, services, or anything of value on credit. 7
(2) “Credit card” includes: 8
(i) a debit card, access card, or other device for use by a cardholder 9
to effect a transfer of funds through an electronic terminal, telephone, or computer; 10
(ii) a magnetic tape that orders or authorizes a financial institution 11
to debit or credit an account; and 12
(iii) a code, account number, or other means of account access that is 13
not encoded or truncated and can be used to: 14
1. obtain money, goods, services, or anything of value; or 15
2. initiate a transfer of funds. 16
(3) “Credit card” does not include: 17
(I) A GIFT CARD; OR 18
(II) a check, draft, or similar paper instrument. 19
(D) (1) “GIFT CARD” MEANS: 20
(I) A PAPER, METAL, PLASTIC, OR DIGITAL INSTRUMENT OR 21
DEVICE, INCLUDING A CARD WITH A MAGNETIC STRIPE, THAT IS ISSUED BY AN 22
ISSUER AND IS ABLE TO BE USED TO PURCHASE, EITHER WHOLLY OR IN PART, 23
MONEY, GOODS, SERVICES, OR ANYTHING OF VALUE THROUGH PRESENTATION OF 24
THE CARD ON WHICH A PREPAID BALANCE OF FUNDS IS STORED ; OR 25
(II) A TANGIBLE OR INTANGIB LE INSTRUMENT OR DEVICE 26
BEARING A CODE, AN ACCOUNT NUMBER , OR OTHER MEANS OF AC COUNT ACCESS 27
THAT IS NOT ENCODED OR TRUNCATED AND IS ABLE TO BE USED TO P URCHASE, 28
EITHER WHOLLY OR IN PART, MONEY, GOODS, SERVICES, OR ANYTHING OF VALUE 29 HOUSE BILL 1074 3
THROUGH PRESENTATION OF THE CODE, ACCOUNT NUMBER , OR ACCOUNT ACCESS 1
THROUGH WHICH A PREP AID BALANCE OF FUNDS IS STORED OR ACCESSI BLE. 2
(2) “GIFT CARD” DOES NOT INCLUDE : 3
(I) A CREDIT CARD; 4
(II) AN ELECTRONIC FUNDS TRANS FER; OR 5
(III) MONEY, A CHECK, A DRAFT, OR ANY SIMILAR PAPER 6
INSTRUMENT . 7
(E) “INTENDED GIFT CARD RE CIPIENT” MEANS THE PERSON TO WHOM THE 8
ORIGINAL GIFT CARD P URCHASER INTENDED TO TRANSFER THE RIGHT T O USE THE 9
GIFT CARD. 10
[(d)] (F) “Issuer” means a business organization or financial institution that 11
issues a credit card OR GIFT CARD or the authorized agent of the business organization or 12
financial institution. 13
(G) “ORIGINAL GIFT CARD PU RCHASER” MEANS THE PERSON , BUSINESS 14
ORGANIZATION , OR FINANCIAL INSTITU TION THAT PURCHASED THE GIFT CARD . 15
8–204.1. 16
(A) (1) A PERSON MAY NOT , WITH THE INTENT TO D EFRAUD: 17
(I) TAKE A GIFT CARD FROM ANOTHER , OR FROM THE 18
POSSESSION, CUSTODY, OR CONTROL OF ANOTHE R, WITHOUT THE CONSENT OF THE 19
ISSUER, ORIGINAL GIFT CARD P URCHASER, OR THE INTENDED GIFT CARD 20
RECIPIENT; OR 21
(II) WITH KNOWLEDGE THAT A GIFT CARD HAS BEEN TAKEN 22
UNDER THE CIRCUMSTAN CES DESCRIBED IN ITE M (I) OF THIS PARAGRAPH , RECEIVE 23
THE GIFT CARD WITH THE INTENT TO USE OR SELL THE GIFT CARD OR TRANSFER 24
THE GIFT CARD TO ANOTHER WHO IS NOT THE ISSUER, ORIGINAL GIFT CARD 25
PURCHASER , OR THE INTENDED GIFT CARD RECIPIENT . 26
(2) A PERSON WHO VIOLATES THIS SUBSECTION IS G UILTY OF GIFT 27
CARD THEFT. 28
(B) (1) A PERSON MAY NOT RECEI VE A GIFT CARD THAT THE PERSON 29
KNOWS WAS LOST , MISLAID, OR DELIVERED UNDER A MISTAKE AS TO THE ID ENTITY 30
OR ADDRESS OF THE ORIGINAL GIFT CARD P URCHASER OR THE INTE NDED GIFT 31 4 HOUSE BILL 1074
CARD RECIPIENT AND RETAIN POSSESSIO N OF THE GIFT CARD WITH THE INTENT TO 1
USE OR SELL THE GIFT CARD OR TRANSFER THE GIFT CARD TO ANOTHER WHO IS 2
NOT THE ISSUER , ORIGINAL GIFT CARD P URCHASER, OR THE INTENDED GIFT CARD 3
RECIPIENT. 4
(2) A PERSON WHO VIOLATES THIS SUBSECTION IS G UILTY OF GIFT 5
CARD THEFT. 6
(C) A PERSON MAY NOT : 7
(1) SELL A GIFT CARD UNLESS THE PERS ON IS THE ISSUER OR A 8
PERSON AUTHORIZED BY THE ISSUER TO SELL A GIFT CARD; OR 9
(2) BUY A GIFT CARD FROM A PERSON O THER THAN THE ISSUER OR A 10
PERSON AUTHORIZED BY THE ISSUER TO SELL A GIFT CARD. 11
(D) A PERSON OTHER THAN TH E ISSUER MAY NOT REC EIVE A GIFT CARD 12
THAT THE PER SON KNOWS WAS TAKEN OR RETAINED UNDER CI RCUMSTANCES THAT 13
CONSTITUTE: 14
(1) GIFT CARD THEFT; OR 15
(2) A VIOLATION OF SUBSE CTION (C) OF THIS SECTION. 16
(E) (1) A PERSON WHO VIOLATES THIS SECTION WITH RE SPECT TO A GIFT 17
CARD WITH A STORED O R ACCESSIBLE BALANCE OF FUNDS OF LESS THAN $100 IS 18
GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO IMPR ISONMENT 19
NOT EXCEEDING 90 DAYS OR A FINE NOT E XCEEDING $500 OR BOTH. 20
(2) A PERSON WHO VIOLATES THIS SECTION WITH RE SPECT TO A GIFT 21
CARD WITH A STORED O R ACCESSIBLE BALANCE OF FUNDS OF $100 OR MORE IS 22
GUILTY OF A MISDEMEA NOR AND ON CONVICTIO N IS SUBJECT TO: 23
(I) FOR A FIRST CONVICTI ON, IMPRISONMENT NOT EXC EEDING 24
6 MONTHS OR A FINE NOT EXCEEDING $500 OR BOTH; AND 25
(II) FOR A SECOND OR SUBS EQUENT CONVICTI ON, 26
IMPRISONMENT NOT EXC EEDING 1 YEAR OR A FINE NOT EXCEEDING $500 OR BOTH. 27
8–205.1. 28
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 29
INDICATED. 30 HOUSE BILL 1074 5
(2) “FALSELY EMBOSS ” MEANS TO CREATE A GIFT CARD W ITHOUT 1
THE AUTHORIZATION OF THE ISSUER. 2
(3) “FALSELY MAKE” MEANS: 3
(I) TO MAKE OR DRAW , WHOLLY OR PARTLY , A DEVICE OR 4
INSTRUMENT THAT PURP ORTS TO BE A GIFT CARD BUT THAT IS NOT A GIFT CARD 5
BECAUSE AN ISSUER DI D NOT AUTHORIZE THE MAKING OR DRAWING ; OR 6
(II) TO ALTER A GIFT CARD THAT WAS VALIDL Y ISSUED. 7
(B) A PERSON MAY NOT , WITH THE INTENT TO D EFRAUD ANOTHER : 8
(1) FALSELY MAKE A PURPO RTED GIFT CARD; 9
(2) FALSELY EMBOSS A GIFT CARD; OR 10
(3) TRANSFER OR POSSESS : 11
(I) A FALSELY MADE INSTR UMENT OR DEVICE THAT PURPORT S 12
TO BE A GIFT CARD, WITH KNOWLEDGE THAT THE INSTRUMENT OR DE VICE WAS 13
FALSELY MADE ; OR 14
(II) A FALSELY EMBOSSED GIFT CARD WITH KNOWLEDGE THAT 15
THE GIFT CARD WAS FALSELY EMB OSSED. 16
(C) A PERSON OTHER THAN TH E INTENDED GIFT CARD R ECIPIENT MAY NOT 17
SIGN A GIFT CARD WITH THE INTENT TO DEFRAUD ANOTHER . 18
(D) (1) A PERSON WHO VIOLATES THIS SECTION WITH RESPECT TO A 19
FALSELY MADE OR FALS ELY EMBOSSED GIFT CA RD WITH A PURPORTED OR ACTUAL 20
STORED OR ACCESSIBLE BALANCE OF FUNDS OF LESS THAN $100 IS GUILTY OF A 21
MISDEMEANOR AND ON CONVICT ION IS SUBJECT TO IM PRISONMENT NOT 22
EXCEEDING 90 DAYS OR A FINE NOT E XCEEDING $500 OR BOTH. 23
(2) A PERSON WHO VIOLATES THIS SECTION WITH RE SPECT TO A 24
FALSELY MADE OR FALS ELY EMBOSSED GIFT CA RD WITH A PURPORTED OR ACTUAL 25
STORED OR ACCES SIBLE BALANCE OF FUN DS OF $100 OR MORE IS GUILTY OF A 26
MISDEMEANOR AND ON C ONVICTION IS SUBJECT TO: 27
(I) FOR A FIRST CONVICTIO N, IMPRISONMENT NOT EXC EEDING 28
6 MONTHS OR A FINE NOT EXCEEDING $500 OR BOTH; AND 29 6 HOUSE BILL 1074
(II) FOR A SECOND OR SUBSE QUENT CONVICTION , 1
IMPRISONMENT NOT EXC EEDING 1 YEAR OR A FINE NOT E XCEEDING $500 OR BOTH. 2
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
October 1, 2025. 4