West Virginia law sets penalties for gift card theft and fraud

A person who takes or keeps a gift card or its access information without consent and intends to defraud someone commits larceny under this law. This covers physical or digital gift cards and information that lets someone access, transfer, or spend their value. Cards worth less than $1,000 carry misdemeanor penalties; cards worth more than $1,000 carry felony penalties. For a misdemeanor, a conviction can bring up to one year in jail, a fine up to $1,000, or both. For a felony, it can bring one to 10 years in prison, a fine up to $2,500, or both. The law took effect June 12, 2026.

A person who alters or tampers with a gift card or its packaging with intent to defraud someone commits a crime under this law. This applies to a gift card or its packaging. Cards worth less than $1,000 carry misdemeanor penalties; cards worth more than $1,000 carry felony penalties. When multiple cards are part of a common scheme or plan, their values may be added together. A misdemeanor conviction can bring up to one year in jail, a fine up to $1,000, or both; a felony conviction can bring one to 10 years in prison, a fine up to $2,500, or both. The law took effect June 12, 2026.

A person who uses false or fraudulent claims, statements, or promises to get a gift card or its access information with intent to defraud commits a crime under this law. The card or access information must be obtained from a cardholder, card issuer, or gift card seller. Cards worth less than $1,000 carry misdemeanor penalties; cards worth more than $1,000 carry felony penalties. When multiple cards are part of a common scheme or plan, their values may be added together. A misdemeanor conviction can bring up to one year in jail, a fine up to $1,000, or both; a felony conviction can bring one to 10 years in prison, a fine up to $2,500, or both. The law took effect June 12, 2026.