This bill aims to amend the Code of West Virginia by introducing a new article, designated as Article 4A, which specifically addresses crimes related to gift cards. It establishes definitions and outlines various offenses associated with gift card fraud, including theft, forgery, and fraud. The bill stipulates that individuals who acquire or tamper with gift cards without consent, or who devise schemes to obtain gift card information through fraudulent means, will be subject to criminal charges. Additionally, it specifies that using a gift card obtained through these illegal methods for financial gain constitutes theft, with enhanced penalties for amounts exceeding $1,000 within a six-month period.

The bill also provides clear definitions for key terms such as "cardholder," "card issuer," "closed-loop gift card," "open-loop gift card," "gift card redemption information," "gift card seller," and "value." These definitions are crucial for understanding the scope of the law and the specific types of gift cards involved. Overall, the legislation seeks to create a legal framework to combat gift card fraud effectively, ensuring that perpetrators face appropriate consequences for their actions.

Statutes affected:
Introduced Version: 61-4A-1, 61-4A-2