Read the full stored bill text
House
File
842
-
Introduced
HOUSE
FILE
842
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
181)
(COMPANION
TO
SF
266
BY
WEBSTER)
A
BILL
FOR
An
Act
relating
to
theft,
forgery,
and
fraud
involving
a
gift
1
card,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
2221HV
(1)
91
as/js
H.F.
842
Section
1.
NEW
SECTION
.
714.2D
Crimes
involving
gift
cards.
1
1.
As
used
in
this
section,
unless
the
context
otherwise
2
requires:
3
a.
“Cardholder”
means
any
person
in
possession
of
a
physical
4
or
digital
gift
card
issued
through
a
purchase
by
the
person,
5
or
received
by
the
person
from
a
willing
party.
6
b.
“Card
issuer”
means
any
person
that
issues
a
gift
card
or
7
the
agent
of
a
gift
card
issuer.
8
c.
“Gift
card”
means
a
physical
or
digital
card,
code,
9
or
device
that
is
issued
to
a
consumer
on
a
prepaid
basis
10
primarily
for
personal,
family,
or
household
purposes
in
11
a
specified
amount,
regardless
of
whether
that
amount
may
12
be
increased
or
reloaded
in
exchange
for
payment,
and
is
13
redeemable
upon
presentation
by
a
consumer
either
at
a
single
14
merchant,
a
group
of
affiliated
merchants,
or
at
multiple
15
unaffiliated
merchants
for
goods
or
services
within
the
payment
16
card
network.
17
d.
“Gift
card
redemption
information”
means
information
18
unique
to
each
gift
card
that
allows
the
cardholder
to
access,
19
transfer,
or
spend
the
funds
on
that
gift
card.
20
e.
“Gift
card
seller”
means
a
merchant
that
is
engaged
in
21
the
business
of
selling
gift
cards
to
consumers.
22
f.
“Value”
means
the
greatest
amount
of
economic
loss
the
23
owner
of
the
property
might
reasonably
suffer
including,
in
the
24
case
of
a
gift
card,
the
full
monetary
face
value
or
potential
25
value
for
variable-load
gift
cards.
26
2.
a.
Any
person
who,
with
intent
to
defraud,
acquires
27
or
retains
possession
of
a
gift
card
or
gift
card
redemption
28
information
without
the
consent
of
the
cardholder,
card
29
issuer,
or
gift
card
seller
commits
theft
and
is
guilty
of
an
30
aggravated
misdemeanor.
31
b.
Any
person
who,
with
intent
to
defraud,
alters
or
tampers
32
with
a
gift
card
commits
forgery
and
is
guilty
of
an
aggravated
33
misdemeanor.
34
c.
Any
person
who,
with
intent
to
defraud,
devises
a
scheme
35
-1-
LSB
2221HV
(1)
91
as/js
1/
4
H.F.
842
to
obtain
a
gift
card
or
gift
card
redemption
information
1
from
a
card
holder,
card
issuer,
or
gift
card
seller
by
2
means
of
false
or
fraudulent
pretenses,
representations,
or
3
promises
engages
in
a
fraudulent
practice
and
is
guilty
of
the
4
following:
5
(1)
A
class
“C”
felony
if
the
amount
of
money
or
value
of
6
property
or
services
involved
exceeds
five
thousand
dollars.
7
(2)
A
class
“D”
felony
if
the
amount
of
money
or
value
of
8
property
or
services
involved
exceeds
one
thousand
dollars
but
9
does
not
exceed
five
thousand
dollars.
10
(3)
An
aggravated
misdemeanor
if
the
amount
of
money
or
11
value
of
property
or
services
involved
exceeds
five
hundred
12
dollars
but
does
not
exceed
one
thousand
dollars.
13
(4)
A
serious
misdemeanor
if
the
amount
of
money
or
value
of
14
property
or
services
involved
is
five
hundred
dollars
or
less.
15
d.
Any
person
who,
with
intent
to
defraud,
uses,
for
the
16
purpose
of
obtaining
money,
goods,
services,
or
anything
else
17
of
value,
a
gift
card
or
gift
card
redemption
information
that
18
has
been
obtained
in
violation
of
this
section
commits
theft
19
and
is
guilty
of
the
following:
20
(1)
A
class
“C”
felony
if
the
value
of
the
property
stolen
21
exceeds
five
thousand
dollars.
22
(2)
A
class
“D”
felony
if
the
value
of
the
property
stolen
23
is
more
than
one
thousand
dollars
but
not
more
than
five
24
thousand
dollars.
25
(3)
An
aggravated
misdemeanor
if
the
value
of
the
property
26
stolen
is
more
than
five
hundred
dollars
but
not
more
than
one
27
thousand
dollars.
28
(4)
A
serious
misdemeanor
if
the
value
of
the
property
29
stolen
is
five
hundred
dollars
or
less.
30
3.
The
value
of
the
retail
merchandise
received
by
the
31
person
in
violation
of
this
section
within
any
six-month
period
32
may
be
aggregated
and
the
defendant
charged
accordingly
in
33
applying
the
provisions
of
this
section.
34
EXPLANATION
35
-2-
LSB
2221HV
(1)
91
as/js
2/
4
H.F.
842
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
1
the
explanation’s
substance
by
the
members
of
the
general
assembly.
2
This
bill
relates
to
theft,
forgery,
and
fraud
involving
a
3
gift
card.
4
The
bill
provides
that
any
person
who,
with
intent
to
5
defraud,
acquires
or
retains
possession
of
a
gift
card
or
6
gift
card
redemption
information
without
the
consent
of
the
7
cardholder,
card
issuer,
or
gift
card
seller
commits
theft
and
8
is
guilty
of
an
aggravated
misdemeanor.
9
The
bill
provides
that
any
person
who,
with
intent
to
10
defraud,
alters
or
tampers
with
a
gift
card
commits
forgery
and
11
is
guilty
of
an
aggravated
misdemeanor.
12
The
bill
provides
that
any
person
who,
with
intent
to
13
defraud,
devises
a
scheme
to
obtain
a
gift
card
or
gift
card
14
redemption
information
from
a
card
holder,
card
issuer,
or
15
gift
card
seller
by
means
of
false
or
fraudulent
pretenses,
16
representations,
or
promises
engages
in
a
fraudulent
practice
17
and
is
guilty
as
follows:
a
class
“C”
felony
if
the
amount
of
18
money
or
value
of
property
or
services
involved
exceeds
$5,000;
19
a
class
“D”
felony
if
the
amount
of
money
or
value
of
property
20
or
services
involved
exceeds
$1,000
but
does
not
exceed
$5,000;
21
an
aggravated
misdemeanor
if
the
amount
of
money
or
value
of
22
property
or
services
involved
exceeds
$500
but
does
not
exceed
23
$1,000;
and
a
serious
misdemeanor
if
the
amount
of
money
or
24
value
of
property
or
services
involved
does
not
exceed
$500.
25
The
bill
provides
that
any
person
who,
with
intent
to
26
defraud,
uses,
for
the
purpose
of
obtaining
money,
goods,
27
services,
or
anything
else
of
value,
a
gift
card
or
gift
card
28
redemption
information
that
has
been
obtained
in
violation
of
29
the
bill
commits
theft
and
is
guilty
as
follows:
a
class
“C”
30
felony
if
the
value
of
the
property
stolen
exceeds
$5,000;
a
31
class
“D”
felony
if
the
value
of
the
property
stolen
is
more
32
than
$1,000
but
not
more
than
$5,000;
an
aggravated
misdemeanor
33
if
the
value
of
the
property
stolen
is
more
than
$500
but
34
not
more
than
$1,000;
and
a
serious
misdemeanor
if
the
value
35
-3-
LSB
2221HV
(1)
91
as/js
3/
4
H.F.
842
of
the
property
stolen
is
$500
or
less.
The
bill
provides
1
that
the
value
of
the
retail
merchandise
received
by
a
person
2
in
violation
of
the
bill
within
any
six-month
period
may
be
3
aggregated
and
the
defendant
charged
accordingly.
4
A
serious
misdemeanor
is
punishable
by
confinement
for
no
5
more
than
one
year
and
a
fine
of
at
least
$430
but
not
more
than
6
$2,560.
An
aggravated
misdemeanor
is
punishable
by
confinement
7
for
no
more
than
two
years
and
a
fine
of
at
least
$855
but
8
not
more
than
$8,540.
A
class
“D”
felony
is
punishable
by
9
confinement
for
no
more
than
five
years
and
a
fine
of
at
least
10
$1,025
but
not
more
than
$10,245.
A
class
“C”
felony
is
11
punishable
by
confinement
for
no
more
than
10
years
and
a
fine
12
of
at
least
$1,370
but
not
more
than
$13,660.
13
The
bill
includes
definitions.
14
-4-
LSB
2221HV
(1)
91
as/js
4/
4