637:10-d Crimes Involving Gift Cards. –
I. The following definitions are applicable to this section:
(a) "Cardholder" with respect to a specific gift card, means the person who has purchased, or to whom is gifted, that card.
(b) "Card issuer" means any party that issues a gift card or the agent of that party with respect to that card.
(c) "Gift card redemption information" means information unique to each gift card which allows the cardholder to access, transfer, or spend the funds on that gift card.
(d) "Gift card seller" means a merchant that is engaged in the business of selling open-loop or closed-loop gift cards to consumers.
II. A person shall be guilty of theft if such person does any of the following:
(a) Acquires or retains possession of a gift card or gift card redemption information with intent to defraud and without consent of the cardholder, card issuers, or gift card reseller;
(b) Uses, for the purpose of obtaining money, goods, services, or anything else of value, a gift card or gift card redemption information that the person knows or believes has probably been obtained by deception or forgery; or
(c) With intent to defraud, alters or tampers with a gift card or its packaging.