(1) A person is guilty of gift card tampering when he or she intentionally manipulates a gift card’s packaging or security features to access the gift card’s information without authorization and with the intention of using the information to improperly access and utilize funds placed on the gift card by another.
(2) Gift card tampering is a Class D felony.
(3) This section shall not apply to tampering with an activated gift card with or without the consent of the cardholder.
(4) Conduct which may constitute a violation of this section may be used to show a violation of KRS 506.120, but a person shall not be convicted of a violation of this section and KRS 506.120.