SB 190

                                                            Introduced Version
           SENATE BILL No. 190
                 _____
               DIGEST OF INTRODUCED BILL
Citations Affected: IC 35-31.5-2; IC 35-43-4-10.
Synopsis: Crimes concerning gift cards. Establishes the offenses of
gift card theft, a Class A misdemeanor, and gift card fraud, a Level 6
felony.
Effective: July 1, 2026.
               Carrasco, Walker K
   January 6, 2026, read first time and referred to Committee on Corrections and Criminal
Law.
2026  IN 190—LS 6923/DI 149
                                                                                       Introduced
            Second Regular Session of the 124th General Assembly (2026)
 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
 Constitution) is being amended, the text of the existing provision will appear in this style type,
 additions will appear in this style type, and deletions will appear in this style type.
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 provision adopted), the text of the new provision will appear in this style type. Also, the
 word NEW will appear in that style type in the introductory clause of each SECTION that adds
 a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
 between statutes enacted by the 2025 Regular Session of the General Assembly.
                   SENATE BILL No. 190
    A BILL FOR AN ACT to amend the Indiana Code concerning
 criminal law and procedure.
     Be it enacted by the General Assembly of the State of Indiana:
1    SECTION 1. IC 35-31.5-2-67.7 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2026]: Sec. 67.7. "Counterfeit gift card", for
4 purposes of IC 35-43-4-10, has the meaning set forth in
5 IC 35-43-4-10(a).
6    SECTION 2. IC 35-31.5-2-143.6 IS ADDED TO THE INDIANA
7 CODE AS A NEW SECTION TO READ AS FOLLOWS
8 [EFFECTIVE JULY 1, 2026]: Sec. 143.6. "Gift card", for purposes
9 of IC 35-43-4-10, has the meaning set forth in IC 35-43-4-10(a).
10    SECTION 3. IC 35-31.5-2-143.8 IS ADDED TO THE INDIANA
11 CODE AS A NEW SECTION TO READ AS FOLLOWS
12 [EFFECTIVE JULY 1, 2026]: Sec. 143.8. "Gift card redemption
13 information", for purposes of IC 35-43-4-10, has the meaning set
14 forth in IC 35-43-4-10(a).
15    SECTION 4. IC 35-43-4-10 IS ADDED TO THE INDIANA CODE
16 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
17 1, 2026]: Sec. 10. (a) The following definitions apply throughout
 2026  IN 190—LS 6923/DI 149
                                   2
1 this section:
2(1) "Counterfeit gift card" means:
3(A) an object that is not a gift card but contains identifying
4information that purports to be a gift card; or
5(B) a gift card that has been tampered with or altered.
6(2) "Gift card" means a card, code, or other object that is:
7(A) activated or inactive;
8(B) issued on a prepaid basis in a specified amount; and
9(C) redeemable for specified goods or services.
10(3) "Gift card redemption information" means:
11(A) the digital data contained within a gift card's magnetic
12strip or chip; or
13(B) information that is unique to a gift card that allows a
14person to access, transfer, or spend the funds that are on
15the gift card.
16    (b) A person who knowingly or intentionally exerts
17 unauthorized control over:
18(1) a gift card; or
19(2) gift card redemption information;
20 commits gift card theft, a Class A misdemeanor. However, the
21 offense is a Level 6 felony if the person has a prior unrelated
22 conviction under this subsection.
23    (c) A person who knowingly or intentionally:
24(1) creates or possesses a counterfeit gift card;
25(2) places a counterfeit gift card in a retail location where a
26consumer would customarily purchase a gift card; or
27(3) tampers with a gift card or gift card redemption
28information;
29 commits gift card fraud, a Level 6 felony. However, the offense is
30 a Level 5 felony if the person has a prior unrelated conviction
31 under this subsection.
 2026  IN 190—LS 6923/DI 149