Relating to crimes using gift cards

All specific legal definitions for terms like 'Cardholder', 'Closed-Loop Gift Card', and 'Value' were deleted.

The detailed statutes outlining misdemeanor and felony penalties, including specific jail terms and fine amounts, were removed.

A new procedural title was added to formally describe the bill's purpose of adding new articles to the West Virginia Code.

The bill was reorganized from two articles into a single article to improve clarity and reduce redundancy.

The definition of 'Value' was updated to explicitly include the monetary amount attempted to be obtained, not just the amount successfully obtained.

Specific 'forgery' crimes were removed and replaced with broader offenses covering larceny, tampering, and false pretenses.

New provisions were added stating that the value of multiple gift cards can be combined (cumulated) if they are part of a common scheme or plan.

The definition of 'Closed-Loop Gift Card' and 'Open-Loop Gift Card' was updated to explicitly include the phrase 'primarily for personal, family, or household purposes,' narrowing the scope of what constitutes these cards.

The definition of 'Value' was expanded to include 'potential value for variable load gift cards,' ensuring that cards with fluctuating balances are fully covered under the law.

Felony charges for larceny, tampering, and false pretenses now specifically require the value to exceed $1,000 within a 'consecutive six month period,' clarifying how repeat offenses or cumulative values are calculated.

A new note was added explaining that the bill's purpose is to create a specific crime of 'gift card fraud' and that strike-throughs and underscoring indicate changes to existing law.

The official certification signatures from the Clerks of the House and Senate, which indicate the bill has been formally enrolled and passed, were removed as this version is a draft.

Added new sections (§61-4A-3 and §61-4A-4) specifically defining and penalizing the crimes of tampering with gift cards and obtaining them through false pretenses.

Updated the definition of 'Value' to explicitly include the monetary amount of 'credits' in addition to cash or goods.

Added a provision allowing the value of multiple gift cards to be combined if they are part of a common scheme or plan.

Removed the requirement to calculate the value of stolen gift cards over a consecutive six-month period; the threshold is now a single $1,000 limit.

Replaced general references to 'theft' and 'fraud' with specific new crimes named 'petit larceny of a gift card' and 'grand larceny of a gift card'.

Defined exact penalties, including specific jail terms (up to one year for misdemeanors) and state correctional facility sentences (one to ten years for felonies), along with specific fine amounts.

Established a specific $1,000 monetary threshold to determine when an offense escalates from a misdemeanor to a felony.

Reorganized the definitions section to appear before the crimes section and clarified the structure of the article.