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Gift Card as Debit Card Abuse?

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July 30, 2014, 15:16
Griffin
Gift Card as Debit Card Abuse?
Got 2 employees of a children's home that took a Walmart Gift Card worth $750 and went shopping for themselves. This place has a lot of similar issues, and I'd love to file a felony if I can find one. Unfortunately, I'm not aware of ANY Walmart gift cards that would fit the definition of a debit card under 32.31. I'm going to file the M/A theft, but I'd love to find a felony that fit.

Any ideas? Thanks!
August 01, 2014, 15:12
nlostracco
I think you are on the right track....unfortunately!!!! My understanding is that a gift card is a just a piece of property with a value of the face value of the card.
August 04, 2014, 08:30
Robert S. DuBoise
Look at ยง 31.03(f)(3(B)--I'm guessing the children's home is a non-profit which will allow you to make the theft a State Jail Felony offense.
August 06, 2014, 13:51
Griffin
Robert, you are a genius. THANK YOU!!!!! I had COMPLETELY forgotten about the non-profit provision. Crisis averted.