HB447: HB447 Crimes and offenses; crimes of gift card theft, gift card forgery, and gift card fraud; provide

Georgia currently has no crime written specifically for gift card scams, which have become a common way for criminals to steal money from consumers and retailers. This bill adds a new section (O.C.G.A. § 16-9-64) to Georgia's fraud laws that defines gift cards, both physical and digital, and creates three new crimes: gift card theft, gift card forgery, and gift card fraud. Gift card theft covers taking or keeping a gift card or its redemption information without permission, or using a card obtained through forgery or fraud. Gift card forgery covers altering or tampering with a card or its packaging, a tactic sometimes used to record card numbers before they are purchased. Gift card fraud covers tricking someone into handing over a card or its redemption information through false promises. Anyone convicted under any of these provisions faces one to ten years in prison and a fine of up to $5,000.

• Creates a new Georgia crime called gift card theft for acquiring or keeping a gift card or its redemption information without the cardholder's, issuer's, or seller's consent.
• Creates a new crime called gift card forgery for altering or tampering with a gift card or its packaging with intent to defraud.
• Creates a new crime called gift card fraud for tricking a cardholder, issuer, or seller into giving up a gift card or its redemption information through false pretenses.
• Makes it gift card theft to use a card or its redemption information that was obtained through any of these violations to get money, goods, or services.
• Sets a penalty of one to ten years in prison and a fine of up to $5,000 for any conviction under the new law.
• Defines key terms such as cardholder, card issuer, closed-loop and open-loop gift cards, and gift card redemption information.

The bill affects consumers who buy or receive gift cards, retailers and merchants who sell open-loop or closed-loop gift cards, gift card issuers, and anyone who tampers with, steals, or scams gift cards, who would now face specific criminal charges and prison time under Georgia law.

Georgians who buy, receive, or sell gift cards would gain a specific criminal law addressing common scams like altered card packaging or fraudulent schemes to obtain card numbers, giving prosecutors a clear charge and a set punishment of one to ten years in prison and up to $5,000 in fines.

• Adds new Code Section 16-9-64 to Article 4 of Chapter 9 of Title 16, Georgia's fraud and related offenses law.
• Subsection (a) defines cardholder, card issuer, closed-loop gift card, gift card, gift card redemption information, gift card seller, open-loop gift card, and value.
• Subsection (b) makes it gift card theft to acquire or keep a gift card or its redemption information without consent, with intent to defraud.
• Subsection (c) makes it gift card forgery to alter or tamper with a gift card or its packaging with intent to defraud.
• Subsection (d) makes it gift card fraud to obtain a gift card or its redemption information through false or fraudulent pretenses.
• Subsection (e) classifies using a fraudulently obtained gift card or its redemption information as gift card theft.
• Subsection (f) sets the penalty for any violation at one to ten years in prison and a fine of up to $5,000.
• Section 2 repeals any existing laws that conflict with the new provisions.

1. 2026-05-12Effective Date 2026-07-01
2. 2026-05-12Act 627
3. 2026-05-12House Date Signed by Governor (House)
4. 2026-04-10House Sent to Governor (House)
5. 2026-04-02Senate Passed/Adopted (Senate)
6. 2026-04-02Senate Third Read (Senate)
7. 2026-04-02Senate Taken from Table (Senate)
8. 2026-03-31Senate Tabled (Senate)

• Joseph Gullett (R, HD-019)Primary sponsor
• Todd Jones (R, HD-025)
• Stacey Evans (D, HD-057)
• Johnny Chastain (R, HD-007)
• Carter Barrett (R, HD-024)
• Randy Robertson (R, SD-029)

1. PassedHouse voteMarch 6, 2025

   168 yea, 2 nay (7 not voting, 3 absent)

   Passage: House Vote #226

2. PassedSenate voteMarch 31, 2026

   39 yea, 10 nay (2 not voting, 3 absent)

   Motion To Table Remaining Legislation On The Rules Calendar: Senate Vote #912

3. PassedSenate voteApril 2, 2026

   49 yea, 1 nay (3 not voting, 1 absent)

   Passage: Senate Vote #939

• gift card fraud
• consumer protection
• criminal law
• retail theft
• Georgia fraud statutes