govt.fyi
Back to HB 4990
West Virginia Legislature· HB 4990Signed

Relating to crimes using gift cards, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the West Virginia Legislature, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
WEST VIRGINIA LEGISLATURE

         2026 REGULAR SESSION

                   ENROLLED

            Committee Substitute
                         for

           House Bill 4990

      BY DELEGATES BROOKS, MARTIN, VANCE, KYLE, ROOP,
        MALLOW, MARPLE, HORNBY, PRITT, FERRELL, AND B.
                                     SMITH
         [Passed March 14, 2026; in effect 90 days from
                        passage (June 12, 2026)]
    Enr CS for HB 4990

1 AN ACT to amend the Code of West Virginia, 1931, as amended, by adding a new article,

2   designated §61-4A-1, §61-4A-2, §61-4A-3, and §61-4A-4, all relating to criminal offenses

3   involving gift cards; defining terms; creating new misdemeanor and felony crimes relating

4   to gift cards; and establishing criminal penalties and fines for newly created crimes.

    Be it enacted by the Legislature of West Virginia:

    ARTICLE 4A. CRIMES INVOLVING GIFT CARDS.

    §61-4A-1. Definitions.

1   As used in this article:

2   "Cardholder" means any person or party to whom a physical or virtual gift card is issued

3 through a purchase or receives a gift card from a willing party.

4   "Card issuer" means any person that issues a gift card or the agent of that person with

5 respect to that card.

6   "Closed-Loop Gift Card" means a card, code, or device that is issued to a consumer on a

7 prepaid basis for goods, services, or credits in a specified amount, regardless of whether that

8 amount may be increased or reloaded in exchange for payment; and is redeemable upon

9 presentation by a consumer at a single merchant or group of affiliated merchants.

10  "Gift Card" means a physical or digital "closed-loop gift card" or "open-loop gift card" that

11 is either activated or inactivated.

12  "Gift Card Redemption Information" means information unique to each gift card which

13 allows the cardholder to access, transfer, or spend the funds on that gift card.

14  "Gift Card Seller" means a merchant that is engaged in the business of selling open-loop

15 or closed-loop gift cards to consumers.

16  "Open-Loop Gift Card" means a card, code, or device that is issued to a consumer on a

17 prepaid basis for goods, services, or credits in a specified amount, regardless of whether that

18 amount may be increased or reloaded in exchange for payment; and is redeemable upon

                                            1
    Enr CS for HB 4990

19 presentation at multiple unaffiliated merchants for goods or services within the payment card

20 network.

21        "Value" means the monetary amount obtained, transferred, or redeemed using the gift

22 card or the monetary amount attempted to be obtained, transferred, or redeemed using the gift

23 card.

    §61-4A-2. Larceny involving gift cards.

1         (a) Any person who, with the intent to defraud any other person or entity, acquires or

2 retains possession of a gift card or gift card redemption information without the consent of the

3 cardholder, card issuer, or gift card seller and the value of the gift card or gift cards is less than

4 $1,000 is guilty of the misdemeanor offense of petit larceny involving gift cards and upon

5 conviction thereof shall be confined in jail for a term not to exceed one year or fined not more than

6 $1,000, or both fined and confined.

7         (b) Any person who, with the intent to defraud any other person or entity, acquires or

8 retains possession of a gift card or gift card redemption information without the consent of the

9 cardholder, card issuer, or gift card seller and the value of the gift card or gift cards is greater than

10 $1,000 is guilty of the felony offense of grand larceny involving gift cards and upon conviction

11 thereof shall be imprisoned in a state correctional facility for a term not less than a year nor more

12 than 10 years, or fined not more than $2,500, or both fined and imprisoned.

    §61-4A-3. Tampering involving gift cards.

1         (a) Any person who, with the intent to defraud any other person or entity, alters or tampers

2 with a gift card or its packaging and the value of the gift card or gift cards is less than $1,000 is

3 guilty of the misdemeanor crime of tampering with a gift card and upon conviction thereof shall be

4 confined in jail for a term not to exceed one year or fined not more than $1,000, or both fined and

5 confined.

6         (b) Any person who, with the intent to defraud any other person or entity, alters or tampers

7 with a gift card or its packaging and the value of the gift card or gift cards is greater than $1,000

                                               2
    Enr CS for HB 4990

8 is guilty of the felony crime of tampering with a gift card and upon conviction thereof shall be

9 imprisoned in a state correctional facility for a term not less than a year nor more than 10 years,

10 or fined not more than $2,500, or both fined and imprisoned.

11  (c) In determining the value of the gift card or gift cards in subsections (a) and (b) of this

12 section, it is permissible to cumulate the value of multiple gift cards when such gift cards are part

13 of a common scheme or plan.

    §61-4A-4. False pretenses involving gift cards.

1   (a) Any person who, with intent to defraud any other person or entity, devises a scheme

2 to obtain a gift card or gift card redemption information from a card holder, card issuer, or gift card

3 seller by means of false or fraudulent pretenses, representations, or promises, and the value of

4 the gift card or gift cards is less than $1,000 is guilty of the misdemeanor crime of false pretenses

5 involving a gift card and upon conviction thereof shall be confined in jail for a term not to exceed

6 one year or fined not more than $1,000, or both fined and confined.

7   (b) Any person who, with intent to defraud any other person or entity, devises a scheme

8 to obtain a gift card or gift card redemption information from a card holder, card issuer, or gift card

9 seller by means of false or fraudulent pretenses, representations, or promises, and the value of

10 the gift card or gift cards is greater than $1,000 is guilty of the felony crime of false pretenses

11 involving a gift card and upon conviction thereof shall be imprisoned in a state correctional facility

12 for not less than a year nor more than 10 years, or fined not more than $2,500, or both fined and

13 imprisoned.

14  (c) In determining the value of the gift card or gift cards in subsections (a) and (b) of this

15 section, it is permissible to cumulate the value of multiple gift cards when such gift cards are part

16 of a common scheme or plan.

                                3
Enr CS for HB 4990
              The Clerk of the House of Delegates and the Clerk of the Senate hereby

         certify that the foregoing bill is correctly enrolled.
         ...............................................................

              Clerk of the House of Delegates
                           ...............................................................
                                        Clerk of the Senate

         Originated in the House of Delegates.
         In effect 90 days from passage.

                                       ...............................................................
                                          Speaker of the House of Delegates
                                                           ...............................................................
                                                                     President of the Senate
                                                        __________

              The within is ................................................ this the...........................................
         Day of ..........................................................................................................., 2026.

                                                                   .............................................................
                                                                                         Governor

                                                               5
Every fact on this page links to its source, starting with the official bill record.