Criminal Law - Theft and Fraud Crimes - Valuation and Forgery of Gift Cards
Summary
HB752 updates Maryland’s criminal law to address theft and fraud involving gift cards. The bill defines “gift card” to include both open-loop and closed-loop gift cards, while excluding credit cards, electronic fund transfers, and paper instruments such as checks or drafts. It then establishes how a gift card’s value is calculated for theft-related offenses, generally using the highest value shown on the card or its packaging, $100 if no value is displayed, the value the defendant represented it to be, or the amount of loss incurred through use of the card, whichever is greatest.
The bill also creates a new misdemeanor offense of gift card forgery. A person may not, with intent to defraud another, alter or tamper with a gift card or its packaging. A violation is punishable by up to 18 months’ imprisonment, a fine of up to $500, or both. The act takes effect October 1, 2026, and amends both the Commercial Law Article and the Criminal Law Article of the Maryland Code.
Impact
HB752 changes Maryland law by adding a specific valuation rule for gift cards in theft cases and by creating a standalone crime for gift card forgery. It affects the Criminal Law Article by adding new definitions and a new section on forgery, and it cross-references the Commercial Law Article’s definitions of open-loop and closed-loop gift cards. The bill is intended to make prosecution of gift card theft and tampering more straightforward by clarifying how value is measured and by expressly criminalizing alteration of gift cards or their packaging.
Sentiment
The bill appears to have broad bipartisan support and little visible opposition. It passed the House 128-0 and the Senate 45-0, indicating unanimous support in both chambers. The committee report was favorable with amendments, suggesting the bill was generally well received while still receiving some technical or policy refinement during the committee process.
Contention
No major substantive controversy is evident in the available materials. The main policy issue addressed by the bill is how to treat gift cards in theft and fraud prosecutions, including whether their value should be tied to face value, represented value, or actual loss. Any contention likely centered on drafting details such as the scope of the definition of “gift card,” the valuation formula, and the penalty level for the new misdemeanor offense, but the unanimous votes suggest these issues were resolved without significant disagreement.