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Bill

SB 38

CRIME/PUNISHMENT: Creates the crime of theft of gift cards or gift card redemption information. (8/1/25) (EN SEE FISC NOTE GF EX)

2025 Regular Session Introduced by Bob Hensgens

Louisiana creates a new crime for stealing gift cards or their redemption information, effective August 1, 2025, targeting retail theft and digital fraud.

Signed by the Governor. Becomes Act No. 28.
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WeVote Research Nonpartisan
Bill Summary · SB 38

Legislative bill overview

SB 38 establishes theft of gift cards or gift card redemption information as a distinct criminal offense in Louisiana. The law creates specific legal penalties for stealing physical gift cards or obtaining their redemption codes/credentials, distinguishing this conduct from traditional theft statutes.

Why is this important

Gift card theft has become increasingly common as consumer usage grows, with criminals targeting both physical cards in retail settings and digital redemption information online. This legislation closes a potential legal gap by explicitly criminalizing gift card theft, which may have previously fallen into ambiguous categories under general theft law, thereby enabling clearer prosecution and deterrence.

Potential points of contention

  • Penalty definition: The bill's specific punishment levels for gift card theft versus traditional theft are not detailed in available summaries, raising questions about whether penalties are proportionate or excessive
  • Digital vs. physical distinction: Creating separate offense categories for gift cards versus other forms of payment/property could create inconsistent legal treatment of economically similar crimes
  • Merchant responsibility clarity: The law may not clearly delineate liability between retailers, gift card companies, and consumers when redemption information is compromised through data breaches versus direct theft

Compiled from official sources — confirm details with the bill’s official record.

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