AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THEFT.

Scams and fraud related to gift cards are rapidly becoming a major issue in the United States. The Federal Trade Commission reported more than 41,000 gift card fraud reports or $212 million in losses in 2024 with the final numbers for 2025 expected to be similar. With advancements in technology, these scams are becoming increasingly sophisticated and consequential for consumers. This Act sets forth the definitions and elements of crimes related to gift card theft. It establishes that a person is guilty of gift card theft if one of the following criteria is true (with the intent to defraud): 1. 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. 2. Alters or tampers with a gift card or the packaging in which it is offered for sale. 3. Devises a scheme to obtain a gift card or gift card redemption information that has been obtained in violation of paragraph (b)(1) or (2) of this section or as a result of a scheme described in paragraph (b)(3) of this section. 4. 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 paragraph (b)(1) or (2) of this section or as a result of a scheme described in paragraph (b)(3) of this section. Lastly, this Act establishes that gift card theft is punishable under § 841(c) and § 841(d) of Title 11.