Existing law makes every person who, with intent to defraud, sells, transfers, or conveys an access card, as defined, without the cardholder's or issuer's 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.