---
title: HB 447. Crimes and offenses; crimes of gift card theft, gift card forgery, and gift card fraud; provide
collection: bills
id: 2025-2026/hb447
cite_as: HB 447, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb447
md_url: https://georgiacommons.org/bills/2025-2026/hb447.md
text_url: https://georgiacommons.org/bills/2025-2026/hb447/text
source_url: https://www.legis.ga.gov/legislation/70319
date: 2026-05-12
status: passed
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 1429
omitted_url: https://georgiacommons.org/bills/2025-2026/hb447.md?full=1
bill_number: HB 447
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-05-12
last_action: Effective Date 2026-07-01
sponsors:
- Joseph Gullett
- Todd Jones
- Stacey Evans
- Johnny Chastain
- Carter Barrett
- Randy Robertson
text_version: Enrolled
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB447/2025
upstream_id: 1970327
summaries_model: claude-sonnet-5
topic_tags:
- gift card fraud
- consumer protection
- criminal law
- retail scams
---
# HB 447. Crimes and offenses; crimes of gift card theft, gift card forgery, and gift card fraud; provide
## Text
House Bill 447 (AS PASSED HOUSE AND SENATE)
By: Representatives Gullett of the 19th, Jones of the 25th, Evans of the 57th, Chastain of the
7th, and Barrett of the 24th
A BILL TO BE ENTITLED
AN ACT
To amend Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated,
relating to fraud and related offenses, so as to provide for the crimes of gift card theft, gift
card forgery, and gift card fraud; to provide for definitions; to provide for penalties for
violations; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 4 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to fraud
and related offenses, is amended by adding a new Code section to read as follows:
"16-9-64.
(a) As used in this Code section, the term:
(1) 'Cardholder' means any person to whom a physical or virtual gift card is sold, gifted,
or issued following the authorized sale of such gift card.
(2) 'Card issuer' means any person that issues a gift card.
(3) 'Closed-loop gift card' means a card, code, or device issued to a consumer on a
prepaid basis primarily for personal, familial, or household purposes in a specified
amount, regardless of whether such amount may be increased or reloaded in exchange for
payment, and is redeemable upon presentation by a consumer at a single merchant or
group of affiliated merchants.
(4) 'Gift card' means a physical or digital closed-loop gift card or open-loop gift card
whether activated or inactivated.
(5) 'Gift card redemption information' means information unique to each gift card which
allows the cardholder to access, transfer, or spend the funds on such gift card.
(6) 'Gift card seller' means a merchant engaged in the business of selling open-loop gift
cards or closed-loop gift cards to consumers.
(7) 'Open-loop gift card' means a card, code, or device issued to a consumer on a prepaid
basis primarily for personal, familial, or household purposes in a specified amount,
regardless of whether such amount may be increased or reloaded in exchange for
payment, and is redeemable upon presentation at multiple unaffiliated merchants for
goods or services within the payment card network.
(8) 'Value' means the greatest amount of economic loss the card issuer, gift card seller,
or cardholder might reasonably suffer, including the full or maximum monetary face or
load value of the gift card, regardless of whether or not such gift card has been activated.
(b) 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.
(c) Any person who, with intent to defraud, alters or tampers with a gift card or its
packaging shall be guilty of gift card forgery.
(d) Any person who, with intent to defraud, devises a scheme to obtain a gift card or gift
card redemption information from a cardholder, card issuer, or gift card seller by means of
false or fraudulent pretenses, representations, or promises, shall be guilty of gift card fraud.
(e) 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 subsections (b), (c), or (d) of this Code section shall
be guilty of gift card theft.
(f) 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."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
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.
### Plain-language summary
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. ยง 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 it 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.
## Status
- Status: Passed (2026-05-12)
- Last action: Effective Date 2026-07-01 (2026-05-12)
- Sponsors: Joseph Gullett, Todd Jones, Stacey Evans, Johnny Chastain, Carter Barrett, Randy Robertson
- Official page: https://www.legis.ga.gov/legislation/70319
> The history, votes, and amendments (1,429 characters) are at https://georgiacommons.org/bills/2025-2026/hb447.md?full=1