FRAUDULENT USE, POSSESSION, OR TAMPERING WITH GIFT CARD, GIFT CARD PACKAGING, OR GIFT CARD DATA OR REDEMPTION INFORMATION

(a) In this section: (1) "Artificially generated media" has the meaning assigned by Section 100B.001, Civil Practice and Remedies Code. (2) "Financial abuse" has the meaning assigned by Section 32.55. (b) A person commits an offense if the person knowingly engages in financial abuse: (1) through the use of artificially generated media disseminated to another person; or (2) by deceiving or manipulating another person into providing personal, financial, or identifying information through e-mail, electronic communication, or other digital means. (c) An offense under this section is: (1) a Class B misdemeanor if the value of the property taken, appropriated, obtained, retained, or used is less than $100; (2) a Class A misdemeanor if the value of the property taken, appropriated, obtained, retained, or used is $100 or more but less than $750; (3) a state jail felony if the value of the property taken, appropriated, obtained, retained, or used is $750 or more but less than $2,500; (4) a felony of the third degree if the value of the property taken, appropriated, obtained, retained, or used is $2,500 or more but less than $30,000; (5) a felony of the second degree if the value of the property taken, appropriated, obtained, retained, or used is $30,000 or more but less than $150,000; and (6) a felony of the first degree if the value of the property taken, appropriated, obtained, retained, or used is $150,000 or more. (d) This section does not apply, for content provided by another person, to: (1) the provider of an interactive computer service, as defined by 47 U.S.C. Section 230(f); (2) a telecommunications service, as defined by 47 U.S.C. Section 153; or (3) a radio or television station licensed by the Federal Communications Commission.