Relating to theft, forgery, and fraud involving a gift card, and providing penalties

The bill provides that any person who, with intent to defraud, devises a scheme to obtain a gift card or gift card redemption information from a card holder, card issuer, or gift card seller by means of false or fraudulent pretenses, representations, or promises engages in a fraudulent practice and is guilty as follows: a class “C” felony if the amount of money or value of property or services involved exceeds $5,000; a class “D” felony if the amount of money or value of property or services involved exceeds $1,000 but does not exceed $5,000; an aggravated misdemeanor if the amount of money or value of property or services involved exceeds $500 but does not exceed $1,000; and a serious misdemeanor if the amount of money or value of property or services involved does not exceed $500. The bill provides that any person who, with intent to defraud, uses, for the purpose of obtaining money, goods, services, or anything else of value, a gift card or gift card redemption information that has been obtained in violation of the bill commits theft and is guilty as follows: a class “C” felony if the value of the property stolen exceeds $5,000; a class “D” felony if the value of the property stolen is more than $1,000 but not more than $5,000; an aggravated misdemeanor if the value of the property stolen is more than $500 but not more than $1,000; and a serious misdemeanor if the value of the property stolen is $500 or less. The bill provides that the value of the retail merchandise received by a person in violation of the bill within any six-month period may be aggregated and the defendant charged accordingly. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245. A class “C” felony is punishable by confinement for no more than years and a fine of at least $1,370 but not more than $13,660. The bill includes definitions.