Georgia CommonsHB 447: Crimes and offenses; crimes of gift card theft, gift card forgery, and gift card fraud; provide
Last action May 12, 2026 · Effective Date 2026-07-01
A Georgia House bill creates new crimes for gift card theft, forgery, and fraud, covering both physical and digital gift cards, with penalties of up to ten years in prison and a $5,000 fine.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Enrolled version, the latest LegiScan holds.
In plain language
Georgia currently has no gift-card-specific criminal offenses in its fraud laws. This bill adds a new section to the state's fraud and related offenses code (O.C.G.A. § 16-9-64) that defines gift cards, both physical and digital, closed-loop (usable at one store or affiliated group) and open-loop (usable at many unrelated merchants), and creates four related crimes. The bill makes it a crime to take or keep a gift card or its redemption information without the owner's consent when done to defraud someone, to alter or tamper with a gift card or its packaging, to trick a cardholder, issuer, or seller into handing over a card through false promises, and to use a fraudulently obtained gift card to buy goods or services. Anyone convicted of any of these offenses faces one to ten years in prison and a fine of up to $5,000. The bill repeals any conflicting laws.
What the bill does
- Creates a new crime of gift card theft for taking or holding a gift card or its redemption information without consent, done to defraud someone.
- Creates a new crime of gift card forgery for altering or tampering with a gift card or its packaging with intent to defraud.
- Creates a new crime of gift card fraud for tricking a cardholder, card issuer, or gift card seller into giving up a card through false pretenses or promises.
- Makes it gift card theft to use a fraudulently obtained gift card or its redemption information 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 of these offenses.
- Defines key terms such as cardholder, card issuer, open-loop and closed-loop gift cards, and gift card redemption information.
Who it affects
Consumers who buy or receive gift cards, retailers and other businesses that sell gift cards, gift card issuing companies, and anyone who commits or is accused of gift card theft, forgery, or fraud in Georgia, since they would now face specific criminal charges and penalties.
Why it matters
Gift card scams, such as stealing card numbers before purchase or tricking people into buying cards for scammers, have become common. This bill gives Georgia prosecutors specific criminal charges and penalties to use against these schemes instead of relying on general theft or fraud laws.
Key provisions
- Section 1 adds new Code section 16-9-64 to Georgia's fraud statutes (Title 16, Chapter 9, Article 4).
- Subsection (a) defines terms including 'cardholder,' 'card issuer,' 'closed-loop gift card,' 'open-loop gift card,' 'gift card redemption information,' and 'value.'
- Subsection (b) defines gift card theft as acquiring or keeping a gift card or its redemption information without consent, with intent to defraud.
- Subsection (c) defines gift card forgery as altering or tampering with a gift card or its packaging with intent to defraud.
- Subsection (d) defines gift card fraud as devising a scheme to obtain a gift card through false pretenses or promises.
- Subsection (e) makes using a fraudulently obtained gift card to get money, goods, or services a form of gift card theft.
- Subsection (f) sets the penalty for any of these offenses at one to ten years imprisonment and a fine of up to $5,000.
- Section 2 repeals any conflicting laws.
From the bill
“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 shall be guilty of gift card theft.”
“Any person who is convicted of violating subsection (b), (c), (d), or (e) of this Code section shall be punished by imprisonment for not less than one nor more than ten years and a fine not to exceed $5,000.00.”
Status timeline
- Effective Date 2026-07-01
- Act 627
- House Date Signed by Governor (House)
- House Sent to Governor (House)
- Senate Passed/Adopted (Senate)
- Senate Third Read (Senate)
- Senate Taken from Table (Senate)
- Senate Tabled (Senate)
Show full history (21 actions)
- Senate Committee Favorably Reported (Senate)
- Senate Recommitted (Senate)
- Senate Taken from Table (Senate)
- Senate Tabled (Senate)
- Senate Read Second Time (Senate)
- Senate Committee Favorably Reported (Senate)
- Senate Read and Referred (Senate)
- House Passed/Adopted By Substitute (House)
- House Third Readers (House)
- House Committee Favorably Reported By Substitute (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Joseph Gullett (R, HD-019)
- 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)
Votes
- House voteMarch 6, 2025
168 yea, 2 nay (7 not voting, 3 absent)
- Senate voteMarch 31, 2026
39 yea, 10 nay (2 not voting, 3 absent)
- Senate voteApril 2, 2026
49 yea, 1 nay (3 not voting, 1 absent)
Topics
- gift card fraud
- consumer protection
- criminal law
- retail scams