Senate
File
266
-
Enrolled
Senate
File
266
AN
ACT
RELATING
TO
THEFT,
FORGERY,
AND
FRAUD
INVOLVING
A
GIFT
CARD,
AND
PROVIDING
PENALTIES.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
NEW
SECTION
.
714.2D
Crimes
involving
gift
cards.
1.
As
used
in
this
section,
unless
the
context
otherwise
requires:
a.
“Cardholder”
means
any
person
in
possession
of
a
physical
or
digital
gift
card
issued
through
a
purchase
by
the
person,
or
received
by
the
person
from
a
willing
party.
b.
“Card
issuer”
means
any
person
that
issues
a
gift
card
or
the
agent
of
a
gift
card
issuer.
c.
“Gift
card”
means
a
physical
or
digital
card,
code,
or
device
that
is
issued
to
a
consumer
on
a
prepaid
basis
primarily
for
personal,
family,
or
household
purposes
in
a
specified
amount,
regardless
of
whether
that
amount
may
be
increased
or
reloaded
in
exchange
for
payment,
and
is
redeemable
upon
presentation
by
a
consumer
either
at
a
single
merchant,
a
group
of
affiliated
merchants,
or
at
multiple
unaffiliated
merchants
for
goods
or
services
within
the
payment
card
network.
d.
“Gift
card
redemption
information”
means
information
unique
to
each
gift
card
that
allows
the
cardholder
to
access,
transfer,
or
spend
the
funds
on
that
gift
card.
e.
“Gift
card
seller”
means
a
merchant
that
is
engaged
in
the
business
of
selling
gift
cards
to
consumers.
Senate
File
266,
p.
2
f.
“Value”
means
the
greatest
amount
of
economic
loss
the
owner
of
the
property
might
reasonably
suffer
including,
in
the
case
of
a
gift
card,
the
full
monetary
face
value
or
potential
value
for
variable-load
gift
cards.
2.
a.
Any
person
who,
with
intent
to
defraud,
acquires
or
retains
possession
of
a
gift
card
or
gift
card
redemption
information
without
the
consent
of
the
cardholder,
card
issuer,
or
gift
card
seller
commits
theft
and
is
guilty
of
an
aggravated
misdemeanor.
b.
Any
person
who,
with
intent
to
defraud,
alters
or
tampers
with
a
gift
card
commits
forgery
and
is
guilty
of
an
aggravated
misdemeanor.
c.
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
of
the
following:
(1)
A
class
“C”
felony
if
the
amount
of
money
or
value
of
property
or
services
involved
exceeds
five
thousand
dollars.
(2)
A
class
“D”
felony
if
the
amount
of
money
or
value
of
property
or
services
involved
exceeds
one
thousand
dollars
but
does
not
exceed
five
thousand
dollars.
(3)
An
aggravated
misdemeanor
if
the
amount
of
money
or
value
of
property
or
services
involved
exceeds
five
hundred
dollars
but
does
not
exceed
one
thousand
dollars.
(4)
A
serious
misdemeanor
if
the
amount
of
money
or
value
of
property
or
services
involved
is
five
hundred
dollars
or
less.
d.
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
this
section
commits
theft
and
is
guilty
of
the
following:
(1)
A
class
“C”
felony
if
the
value
of
the
property
stolen
exceeds
five
thousand
dollars.
(2)
A
class
“D”
felony
if
the
value
of
the
property
stolen
is
more
than
one
thousand
dollars
but
not
more
than
five
thousand
dollars.
(3)
An
aggravated
misdemeanor
if
the
value
of
the
property
Senate
File
266,
p.
3
stolen
is
more
than
five
hundred
dollars
but
not
more
than
one
thousand
dollars.
(4)
A
serious
misdemeanor
if
the
value
of
the
property
stolen
is
five
hundred
dollars
or
less.
3.
The
value
of
the
retail
merchandise
received
by
the
person
in
violation
of
this
section
within
any
six-month
period
may
be
aggregated
and
the
defendant
charged
accordingly
in
applying
the
provisions
of
this
section.
______________________________
AMY
SINCLAIR
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
266,
Ninety-first
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2025
______________________________
KIM
REYNOLDS
Governor