In a prosecution under this chapter for an offense that requires 'deception' as an element, it is not a defense that the defendant deceived or attempted to deceive a machine. For purposes of this section, 'machine' includes a vending machine, computer, turnstile, or automated teller machine.
(a) A person commits the crime of burglary in the second degree if the person enters or remains unlawfully in a building with intent to commit a crime in the building.
(b) Burglary in the second degree is a class C felony.
(a) A person commits the crime of criminally negligent burning if with criminal negligence the person damages property of another by fire or explosion.
(b) Criminally negligent burning is a class A misdemeanor.
(a) A person commits theft by receiving if the person buys, receives, retains, conceals, or disposes of stolen property with reckless disregard that the property was stolen.
(b) As used in this section, 'receives' includes acquiring possession, control, or title, or lending on the security of the property.
(a) A person commits the crime of obtaining a signature by deception if, with intent to defraud, the person causes another to sign or execute a written instrument by deception.
(b) Obtaining a signature by deception is a class A misdemeanor.
(a) A person commits the crime of theft in the fourth degree if the person commits theft as defined in AS 11.46.100 and the value of the property or services is less than $50.
(b) Theft in the fourth degree is a class B misdemeanor.
(a) A person commits the crime of criminal trespass in the second degree if the person enters or remains unlawfully
(1) in or upon premises; or
(2) in a propelled vehicle.
(b) Criminal trespass in the second degree is a class B misdemeanor.
(a) A person commits the crime of theft in the first degree if the person commits theft as defined in AS 11.46.100 and the value of the property or services is $25,000 or more.
(b) Theft in the first degree is a class B felony.
(a) A person commits the crime of criminal trespass in the first degree if the person enters or remains unlawfully
(1) on land with intent to commit a crime on the land; or
(2) in a dwelling.
(b) Criminal trespass in the first degree is a class A misdemeanor.
(a) A person commits the crime of commercial bribery if, knowing that another is subject to a duty described in AS 11.46.660 (a) and with intent to influence the other to violate that duty, the person confers, offers to confer, or agrees to confer a benefit on the other.
(b) Commercial bribery is a class C felony.
Repealed or Renumbered
(a) A person commits the crime of forgery in the third degree if, with intent to defraud, the person
(1) falsely makes, completes, or alters a written instrument;
(2) knowingly possesses a forged instrument; or
(3) knowingly utters a forged instrument.
(b) Forgery in the third degree is a class A misdemeanor.
(a) A person commits theft of lost or mislaid property if the person obtains property of another knowing that the property was lost, mislaid, or delivered under a mistake as to the nature or amount of the property or the identity of the recipient and the person fails to take reasonable measures to restore the property to the owner with intent to deprive the owner of the property.
(b) As used in this section 'reasonable measures' includes notifying the identified owner or a peace officer.
(a) A person commits the crime of arson in the first degree if the person intentionally damages any property by starting a fire or causing an explosion and by that act recklessly places another person in danger of serious physical injury. For purposes of this section, 'another person' includes but is not limited to fire and police service personnel or other public employees who respond to emergencies, regardless of rank, functions, or duties being performed.
(b) Arson in the first degree is a class A felony.
Repealed or Renumbered
(a) A person commits the crime of criminal possession of a forgery device if, with intent to use it or aid another to use it for purposes of forgery, the person makes or possesses
(1) a plate, die, or other device, apparatus, equipment, or article specifically designed for use in forging written instruments; or
(2) a device, apparatus, equipment, or article capable of or adaptable for purposes of forgery.
(b) Criminal possession of a forgery device is a class C felony.
(a) A person commits the crime of unlawful possession of an official traffic control device if, without the right to do so or a reasonable ground to believe the person has the right, the person possesses an official traffic control device.
(b) Unlawful possession of an official traffic control device is a violation and is punishable by a fine of
(1) not less than $100 for the first offense; or
(2) not less than $300 for each subsequent offense.
(a) A person commits the crime of scheme to defraud if the person engages in conduct constituting a scheme
(1) to defraud five or more persons or to obtain property or services from five or more persons by false or fraudulent pretense, representation, or promise and obtains property or services in accordance with the scheme; or
(2) to defraud one or more persons of $10,000 or to obtain $10,000 or more from one or more persons by false or fraudulent pretense, representation, or promise and obtains property or services in accordance with the scheme.
(b) Scheme to defraud is a class B felony.
(a) A person commits the crime of forgery in the second degree if the person violates AS 11.46.510 and the instrument is or purports to be
(1) a deed, will, codicil, contract, assignment, negotiable or other commercial instrument, or other document which does or may evidence, create, transfer, alter, terminate, or otherwise affect a legal right, interest, obligation, or status; or
(2) a public record.
(b) Forgery in the second degree is a class C felony.
(a) A person commits the crime of criminal impersonation in the second degree if the person
(1) assumes a false identity and does an act in the assumed character with intent to defraud, commit a crime, or obtain a benefit to which the person is not entitled; or
(2) pretends to be a representative of some person or organization and does an act in the pretended capacity with intent to defraud, commit a crime, or obtain a benefit to which the person is not entitled.
(b) Criminal impersonation in the second degree is a class A misdemeanor.
(a) A person commits the crime of forgery in the first degree if the person violates AS 11.46.510 and the written instrument is or purports to be
(1) part of an issue of money, securities, postage, revenue stamps, or other valuable instruments issued by a government or governmental agency; or
(2) part of an issue of stock, bonds, or other instruments representing interests in or claims against an organization or its property.
(b) Forgery in the first degree is a class B felony.
(a) A person commits the crime of arson in the second degree if the person intentionally damages a building by starting a fire or causing an explosion.
(b) In a prosecution under this section, it is an affirmative defense
(1) that no person other than the defendant had a possessory, proprietary, or security interest in the building or that all persons having such an interest consented to the defendant's conduct; and
(2) that the sole intent of the defendant was to damage or destroy the building for a lawful purpose.
(c) Arson in the second degree is a class B felony.
(a) A person commits the crime of burglary in the first degree if the person violates AS 11.46.310 and
(1) the building is a dwelling; or
(2) in effecting entry or while in the building or immediate flight from the building, the person
(A) is armed with a firearm;
(B) causes or attempts to cause physical injury to a person; or
(C) uses or threatens to use a dangerous instrument.
(b) Burglary in the first degree is a class B felony.
(a) A person commits the crime of offering a false instrument for recording in the first degree if, knowing that a written instrument relating to or affecting property or directly affecting a contractual relationship contains a false statement or false information, and with intent to defraud, the person presents or offers it to a public office or a public servant intending that it be registered, filed, or recorded or become a part of the records of that public office or public servant.
(b) Offering a false instrument for recording in the first degree is a class C felony.
(a) A person commits the crime of commercial bribe receiving if the person solicits, accepts, or agrees to accept a benefit with intent to violate a duty to which that person is subject as
(1) an agent or employee of another;
(2) a trustee, guardian, or other fiduciary;
(3) a lawyer, physician, accountant, appraiser, or other professional adviser;
(4) an officer, director, partner, manager, or other participant in the direction of the affairs of an organization; or
(5) an arbitrator or other purportedly disinterested adjudicator or referee.
(b) Commercial bribe receiving is a class C felony.
Firearms and other personal property, except a motor vehicle, used in aid of a violation of AS 11.46.460 , 11.46.462, or 11.46.484(a)(5) may be forfeited to the state upon conviction of the offender for the crime.
(a) A person commits the crime of criminal impersonation in the first degree if the person
(1) possesses an access device or identification document of another person;
(2) without authorization of the other person, uses the access device or identification document of another person to obtain a false identification document, open an account at a financial institution, obtain an access device, or obtain property or services; and
(3) recklessly damages the financial reputation of the other person.
(b) Criminal impersonation in the first degree is a class B felony.
(a) A person commits the crime of misrepresentation of use of a propelled vehicle if, with intent to deceive any person, the person sells, leases, or offers or exposes for sale or lease a propelled vehicle knowing that a usage registering device on the vehicle has been disconnected, adjusted, or replaced so as to misrepresent the distance traveled by the vehicle or the hours of engine use.
(b) As used in this section, 'usage registering device' means any odometer, speedometer, recording tachometer, hobbsmeter, or other instrument that registers the distance traveled by the vehicle or the hours of engine use.
(c) Misrepresentation of use of a propelled vehicle is a class A misdemeanor.
(a) A person commits the crime of failure to control or report a dangerous fire if the person knows that a fire is endangering life or a substantial amount of property of another and fails to take reasonable measures to put out or control the fire, when the person can do so without substantial personal risk, or to give a prompt fire alarm if
(1) the person knows that the person is under an official, contractual, or other legal duty to prevent or combat the fire; or
(2) the fire was started by the person, with the person's consent, or on property in the person's custody or control.
(b) Failure to control or report a dangerous fire is a class A misdemeanor.
For purposes of considering prior convictions in prosecuting a crime of theft under AS 11.46.130 (a)(6) or 11.46.140(a)(3), or in prosecuting the crime of concealment of merchandise under AS 11.46.220 (c), a conviction for an offense under another law or ordinance with similar elements is a conviction of an offense having elements similar to those of an offense defined as such under Alaska law at the time the offense was committed.
Article 02. BURGLARY AND CRIMINAL TRESPASS
(a) A person commits the crime of theft in the third degree if the person commits theft as defined in AS 11.46.100 and
(1) the value of the property or services is $50 or more but less than $500;
(2) the property is an access device; or
(3) the value of the property is less than $50 and, within the past five years, the person has been convicted and sentenced on two or more separate occasions in this or another jurisdiction of theft or concealment of merchandise, or an offense under another law or ordinance with similar elements.
(b) Theft in the third degree is a class A misdemeanor.
(a) A person commits the crime of disregard of a highway obstruction if, without the right to do so or a reasonable ground to believe the person has the right, the person
(1) drives a vehicle through, over, or around an obstruction erected upon a highway under authority of AS 19.10.100 ; or
(2) opens an obstruction erected upon a highway under authority of AS 19.10.100.
(b) Violation of this section is a class B misdemeanor.
(a) A person commits the crime of criminal simulation if,
(1) with intent to defraud, the person makes or alters any object in such a manner that it appears to have a rarity, age, source, or authorship that it does not in fact possess; or
(2) with knowledge of its true character and with intent to defraud, the person possesses or utters an object so simulated.
(b) Criminal simulation is
(1) a class C felony if the value of what the object purports to represent is $500 or more;
(2) a class A misdemeanor if the value of what the object purports to represent is $50 or more but less than $500;
(3) a class B misdemeanor if the value of what the object purports to represent is less than $50.
(a) A person commits the crime of obtaining an access device or identification document by fraudulent means if
(1) the person buys an access device or identification document from a person other than the issuer or, as other than the issuer, the person sells an access device or identification document;
(2) with intent to defraud, the person obtains an access device or identification document; or
(3) with intent to defraud, the person makes a false statement in an application for an access device or identification document.
(b) Obtaining an access device or identification document by fraudulent means is a class A misdemeanor.
(a) Each instance of conduct defined as theft under AS 11.46.100 constitutes theft in the first, second, third, or fourth degree.
(b) An accusation of theft is sufficient if it alleges that the defendant committed theft of property or services of the nature or value required for the commission of the crime charged without designating the particular way or manner in which the theft was committed.
(c) Proof that the defendant engaged in conduct constituting theft as defined in AS 11.46.100 is sufficient to support a conviction based upon any indictment, information, or complaint for theft.
(a) A person commits theft by deception if, with intent to deprive another of property or to appropriate property of another to oneself or a third person, the person obtains the property of another by deception.
(b) In a prosecution based on theft by deception, if the state seeks to prove that the defendant used deception by promising performance which the defendant did not intend to perform or knew would not be performed, that intent or knowledge may not be established solely by or inferred solely from the fact that the promise was not performed.
(c) As used in this section, 'deception' has the meaning ascribed to it in AS 11.81.900 but does not include falsity as to matters having no pecuniary significance or 'puffing' by statements unlikely to deceive reasonable persons in the group addressed.
(a) A person commits the crime of unlawful possession if the person possesses a propelled vehicle, bicycle, firearm, movable or immovable construction tool or equipment, appliance, merchandise or other article or its component parts knowing that the serial number or identification mark placed on it by the manufacturer or owner for the purpose of identification has been defaced, erased, or otherwise altered with the intent of causing interruption to the ownership of another.
(b) Unlawful possession is
(1) a class C felony if the value of the property on which the serial number or identification mark appeared is $500 or more;
(2) a class A misdemeanor if the value of the property on which the serial number or identification mark appeared is $50 or more but less than $500;
(3) a class B misdemeanor if the value of the property on which the serial number or identification mark appeared is less than $50.
(a) A person commits the crime of removal of identification marks if, with intent to cause interruption to the ownership of another, the person defaces, erases, or otherwise alters or attempts to deface, erase, or otherwise alter any serial number or identification mark placed or inscribed on a propelled vehicle, bicycle, firearm, movable or immovable construction tool or equipment, appliance, merchandise, or other article or its component parts.
(b) Removal of identification marks is
(1) a class C felony if the value of the property on which the serial number or identification mark appeared is $500 or more;
(2) a class A misdemeanor if the value of the property on which the serial number or identification mark appeared is $50 or more but less than $500;
(3) a class B misdemeanor if the value of the property on which the serial number or identification mark appeared is less than $50.
(a) A person commits the crime of misapplication of property if the person knowingly misapplies property that has been entrusted to that person as a fiduciary or that is property of the government or a financial institution.
(b) It is not a defense to a prosecution under this section that it may be impossible to identify particular property as belonging to the victim at the time of the defendant's misapplication.
(c) For purposes of this section, 'misapply' means to deal with or dispose of property contrary to
(1) law;
(2) a judicial rule or order; or
(3) the obligations of a fiduciary relationship.
(d) Misapplication of property is
(1) a class C felony if the value of the property misapplied is $500 or more;
(2) a class A misdemeanor if the value of the property misapplied is less than $500.
(a) A person commits the crime of criminal mischief in the first degree if, having no right to do so or any reasonable ground to believe the person has such a right,
(1) the person intentionally damages an oil or gas pipeline or supporting facility;
(2) with intent to cause a substantial interruption or impairment of a service rendered to the public by a utility or by an organization that deals with emergencies involving danger to life or property, the person damages or tampers with property of that utility or organization and causes substantial interruption or impairment of service to the public;
(3) with intent to damage property of another by the use of widely dangerous means, the person damages property of another in an amount exceeding $100,000 by the use of widely dangerous means.
(b) Criminal mischief in the first degree is a class A felony.
(a) In a civil or criminal action upon the complaint of a person who has been detained in or in the immediate vicinity of a commercial establishment for the purpose of investigation or questioning as to the ownership of merchandise, it is a defense that
(1) the person was detained in a reasonable manner and for not more than a reasonable time to permit investigation or questioning by a peace officer or by the owner of the commercial establishment or the owner's agent; and
(2) the peace officer, owner, or owner's agent had probable cause to believe that the person detained was committing or attempting to commit concealment of merchandise.
(b) As used in this section, 'reasonable time' means the time necessary to permit the person detained to make a statement or refuse to make a statement, and any additional time necessary to examine employees and records of the commercial establishment relative to the ownership of the merchandise.
(a) A person commits the crime of possession of burglary tools if the person possesses a burglary tool with intent to use or permit use of the tool in the commission of
(1) burglary in any degree;
(2) a crime referred to in AS 11.46.130 (a)(3); or
(3) theft of services.
(b) As used in this section, 'burglary tools' means
(1) nitroglycerine, dynamite, or any other tool, instrument, or device adapted or designed for use in committing a crime referred to in (a)(1)-(3) of this section; or
(2) any acetylene torch, electric arc, burning bar, thermal lance, oxygen lance, or other similar device capable of burning through steel, concrete, or other solid material.
(c) Possession of burglary tools is a class A misdemeanor.
(a) A person commits the crime of criminal mischief in the fifth degree if, having no right to do so or any reasonable ground to believe the person has such a right,
(1) with reckless disregard for the risk of harm to or loss of the property or with intent to cause substantial inconvenience to another, the person tampers with property of another;
(2) with intent to damage property of another, the person damages property of another in an amount less than $50; or
(3) the person rides in a propelled vehicle knowing it has been stolen or that it is being used in violation of AS 11.46.360 or 11.46.365(a)(1).
(b) Criminal mischief in the fifth degree is a class B misdemeanor.
(a) A person commits the crime of vehicle theft in the second degree if, having no right to do so or a reasonable ground to believe the person has such a right,
(1) the person drives, tows away, or takes the propelled vehicle of another, other than a vehicle described in AS 11.46.360 (a)(1); or
(2) having custody of a propelled vehicle under a written agreement with the owner of the vehicle that includes an agreement to return the vehicle to the owner at a specified time, the person knowingly retains or withholds possession of the vehicle without the consent of the owner for so long a period beyond the time specified as to render the retention or possession of the vehicle an unreasonable deviation from the agreement.
(b) Vehicle theft in the second degree is a class A misdemeanor.
Article 04. ARSON, CRIMINAL MISCHIEF, AND RELATED OFFENSES
(a) A person commits the crime of fraudulent use of an access device if, with intent to defraud, the person uses an access device to obtain property or services with knowledge that
(1) the access device is stolen or forged;
(2) the access device is expired or has been revoked or cancelled; or
(3) for any other reason, that person's use of the access device is unauthorized by either the issuer or the person to whom the access device is issued.
(b) Fraudulent use of an access device is
(1) a class B felony if the value of the property or services obtained is $25,000 or more;
(2) a class C felony if the value of the property or services obtained is $500 or more but less than $25,000;
(3) a class A misdemeanor if the value of the property or services obtained is $50 or more but less than $500;
(4) a class B misdemeanor if the value of the property or services obtained is less than $50.
In a prosecution under AS 11.46.300 , 11.46.310, 11.46.320, or 11.46.330(a)(1), it is an affirmative defense that
(1) the entry, use, or occupancy of premises or use of personal property on the premises is for an emergency in the case of immediate and dire need; and
(2) as soon a reasonably practical after the entry, use, or occupancy, the person contacts the owner of the premises, the owner's agent or, if the owner is unknown, the nearest state or local police agency, and makes a report of the time of the entry, use, or occupancy and any damage to the premises or personal property, unless notice waiving necessity of the report is posted on the premises by the owner or the owner's agent.
A person commits theft if
(1) with intent to deprive another of property or to appropriate property of another to oneself or a third person, the person obtains the property of another;
(2) the person commits theft of lost or mislaid property under AS 11.46.160;
(3) the person commits theft by deception under AS 11.46.180 ;
(4) the person commits theft by receiving under AS 11.46.190 ;
(5) the person commits theft of services under AS 11.46.200 ;
(6) the person commits theft by failure to make required disposition of funds received or held under AS 11.46.210 .
(a) A person commits the crime of falsifying business records if, with intent to defraud, the person
(1) makes or causes a false entry in the business records of an enterprise;
(2) alters, erases, obliterates, deletes, removes, or destroys a true entry in the business records of an enterprise;
(3) omits to make a true entry in the business records of an enterprise in violation of a duty to do so which the person knows to be imposed upon that person by law or by the nature of that person's position; or
(4) prevents the making of a true entry or causes the omission of a true entry in the business records of an enterprise.
(b) For purposes of this section,
(1) 'business record' means a writing, recording, or article kept or maintained by an enterprise for the purpose of evidencing or reflecting its condition or activity;
(2) 'enterprise' means a private entity of one or more persons, corporate or otherwise, engaged in business, commercial, professional, charitable, political, industrial, or social activity.
(c) Falsifying business records is a class C felony.
(a) In this chapter, whenever it is necessary to determine the value of property, that value is the market value of the property at the time and place of the crime unless otherwise specified or, if the market value cannot reasonably be ascertained, the cost of replacement of the property within a reasonable time after the crime.
(b) The value of written instruments, exclusive of public and corporate bonds and securities and other instruments having a readily ascertainable market value, shall be determined in the following manner:
(1) the value of an instrument constituting an evidence of debt, including a check, draft, or promissory note, is the amount due or collected on the instrument;
(2) the value of any other instrument that affects a valuable legal right, privilege, or obligation shall be considered the greatest amount of economic loss that the owner of the instrument might reasonably incur because of the loss of the instrument.
(c) In determining the degree or classification of a crime under this chapter, amounts involved in criminal acts committed under one course of conduct, whether from the same person or several persons, shall be aggregated.
(a) A person commits theft of services if
(1) the person obtains services, known by that person to be available only for compensation, by deception, force, threat, or other means to avoid payment for the services;
(2) having control over the disposition of services of others to which the person is not entitled, the person knowingly diverts those services to the person's own benefit or to the benefit of another not entitled to them; or
(3) the person obtains the use of computer time, a computer system, a computer program, a computer network, or any part of a computer system or network, with reckless disregard that the use by that person is unauthorized.
(b) Absconding without paying for hotel, restaurant, or other services for which compensation is customarily paid immediately upon the receiving of them is prima facie evidence that the services were obtained by deception.
(c) A person may not be prosecuted under this section for theft of cable, microwave, subscription, or pay television or other telecommunications service if the service was obtained through the use of a device designed and used to intercept electromagnetic signals directly from a satellite, including a device commonly referred to as a home earth station.
(a) A person commits the crime of criminal mischief in the fourth degree if, having no right to do so or any reasonable ground to believe the person has such a right
(1) with intent to damage property of another, the person damages property of another in an amount of $50 or more but less than $500;
(2) the person tampers with a fire protection device in a building that is a public place;
(3) the person knowingly accesses a computer, computer system, computer program, computer network, or part of a computer system or network;
(4) the person uses a device to descramble an electronic signal that has been scrambled to prevent unauthorized receipt or viewing of the signal unless the device is used only to descramble signals received directly from a satellite or unless the person owned the device before September 18, 1984; or
(5) the person knowingly removes, relocates, defaces, alters, obscures, shoots at, destroys, or otherwise tampers with an official traffic control device or damages the work upon a highway under construction.
(b) Criminal mischief in the fourth degree is a class A misdemeanor.
(c) [Repealed, Sec. 11 ch 71 SLA 1996].
(a) A person commits theft by failure to make required disposition of funds received or held if the person
(1) obtains property from anyone or personal services from an employee upon an agreement or subject to a known legal obligation to make specified payment or other disposition to a third person, whether from that property or its proceeds or from the person's own property to be reserved in equivalent amount; and
(2) exercises control over the property or services as the person's own and fails to make the required payment or disposition.
(b) It is not a defense to a prosecution based on theft by failure to make required disposition of funds received or held that it may be impossible to identify particular property as belonging to the victim at the time of the defendant's failure to make the required payment or disposition.
(c) In a prosecution based on theft by failure to make required disposition of funds received or held, the fact that the defendant was a fiduciary or an officer or employee of a government or a financial institution is prima facie evidence
(1) that the defendant exercised control over property or services as the defendant's own if the defendant failed to pay or account upon lawful demand or if an audit reveals a shortage or falsification of accounts; and
(2) that the defendant knew any legal obligation relevant under (a)(1) of this section.
(a) A person commits the offense of criminal use of a computer if, having no right to do so or any reasonable ground to believe the person has such a right, the person knowingly accesses, causes to be accessed, or exceeds the person's authorized access to a computer, computer system, computer program, computer network, or any part of a computer system or network, and, as a result of or in the course of that access,
(1) obtains information concerning a person;
(2) introduces false information into a computer, computer system, computer program, or computer network with the intent to damage or enhance the data record or the financial reputation of a person;
(3) introduces false information into a computer, computer system, computer program, or computer network and, with criminal negligence, damages or enhances the data record or the financial reputation of a person;
(4) obtains proprietary information of another person;
(5) obtains information that is only available to the public for a fee;
(6) introduces instructions, a computer program, or other information that tampers with, disrupts, disables, or destroys a computer, computer system, computer program, computer network, or any part of a computer system or network; or
(7) encrypts or decrypts data.
(b) In this section, 'proprietary information' means scientific, technical, or commercial information, including a design, process, procedure, customer list, supplier list, or customer records that the holder of the information has not made available to the public.
(c) Criminal use of a computer is a class C felony.
Article 07. GENERAL PROVISIONS
(a) A person commits the crime of issuing a bad check if the person issues a check knowing that it will not be honored by the drawee.
(b) In a prosecution under this section, it is prima facie evidence that the drawer knew the check would not be honored by the drawee if
(1) payment of the check was refused by the drawee for lack of funds upon presentation within 30 days after issue, and the drawer failed to make full satisfaction of the amount due within 15 days after notice of dishonor was deposited as first class mail, addressed to the drawer at the address appearing on the dishonored check or the drawer's last known address; or
(2) the drawer had no account with the drawee at the time the check was issued.
(c) In this section,
(1) 'amount due' means the face amount of the dishonored check plus all costs and protest fees assessed by the drawee;
(2) 'check' means a draft, check, or similar sight order for the payment of money, but does not include a postdated check or a promissory note;
(3) a person 'issues' a check when as a drawer the person delivers it or causes it to be delivered to a person who thereby acquires a right against the drawer with respect to the check; a person who draws a check with the intent that it be so delivered is considered to have issued it if the delivery occurs.
(d) Issuing a bad check is
(1) a class B felony if the face amount of the check is $25,000 or more;
(2) a class C felony if the face amount of the check is $500 or more but less than $25,000;
(3) a class A misdemeanor if the face amount of the check is $50 or more but less than $500;
(4) a class B misdemeanor if the face amount of the check is less than $50.
(a) A person commits the crime of offering a false instrument for recording in the second degree if,
(1) under AS 40.17, the person presents a lien to the recorder for registration, filing, or recording with reckless disregard that the lien is not
(A) provided for by a specific state or federal statute; or
(B) a lien imposed or authorized by a court recognized under state or federal law; or
(2) under a law authorizing the receipt and filing of a document, the person presents a lien to a department or person having responsibility to accept a lien for filing with reckless disregard that the lien is not
(A) provided for by a specific state or federal statute; or
(B) a lien imposed or authorized by a court recognized under state or federal law.
(b) In a prosecution under (a) of this section, it is an affirmative defense that the owner of the property affected has consented to the lien.
(c) In this section,
(1) 'lien' means an encumbrance on property as security for the payment of a debt;
(2) 'recorder' means the commissioner of the Department of Natural Resources or the person designated by the commissioner of natural resources to perform the duties set out in AS 40.17.
(d) Offering a false instrument for recording in the second degree is a class A misdemeanor.
(a) A person commits the crime of criminal mischief in the second degree if, having no right to do so or any reasonable ground to believe the person has such a right,
(1) the person tampers with an oil or gas pipeline or supporting facility or an airplane or helicopter, with reckless disregard for the risk of harm to or loss of the property; or
(2) with intent to cause physical injury to another person, the person
(A) tampers with food, air, water, or an item that is a drug or cosmetic, or a container for food, air, water, or the item; or
(B) delivers, dispenses, or distributes food, air, water, or an item described in (A) of this paragraph knowing that a person has tampered with the food, air, water, or item or a container for the food, air, water, or item.
(b) In (a)(2) of this section,
(1) 'deliver' means the actual, constructive, or attempted transfer from one person to another of food, air, water, or an item;
(2) 'dispense' means to deliver a drug to an ultimate user or research subject by or under the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the drug for that delivery;
(3) 'distribute' means to deliver food, air, water, or an item, whether or not there is any money or other item of value exchanged; it includes sale, gift, or exchange;
(4) 'drug' has the meaning given in AS 11.71.900 (9);
(5) [Repealed, Sec. 74 ch 35 SLA 2003].
(c) Criminal mischief in the second degree is a class B felony.
(a) A person commits the crime of criminal mischief in the third degree if, having no right to do so or any reasonable ground to believe the person has such a right,
(1) with intent to damage property of another, the person damages property of another in an amount of $500 or more;
(2) the person recklessly creates a risk of damage in an amount exceeding $100,000 to property of another by the use of widely dangerous means; or
(3) the person knowingly
(A) defaces, damages, or desecrates a cemetery or the contents of a cemetery or a tomb, grave, or memorial regardless of whether the tomb, grave, or memorial is in a cemetery or whether the cemetery, tomb, grave, or memorial appears to be abandoned, lost, or neglected;
(B) removes human remains or associated burial artifacts from a cemetery, tomb, grave, or memorial regardless of whether the cemetery, tomb, grave, or memorial appears to be abandoned, lost, or neglected.
(b) It is an affirmative defense to a prosecution under (a)(3) of this section that the defendant, at the time of the offense, was
(1) an employee of the cemetery and was engaged in an authorized activity on behalf of the cemetery; or
(2) authorized by law or state permit to engage in the conduct.
(c) In this section,
(1) 'contents of a cemetery' includes anything that is designed or used for the protection, security, or ornamentation of a cemetery and that is located within a cemetery;
(2) 'memorial' means a headstone, marker, gravestone, monument, or other object designed or intended to mark a gravesite or to memorialize the death of a person;
(3) 'tomb' means a mausoleum, columbarium, or crypt, whether that mausoleum, columbarium, or crypt is located above or below ground.
(d) Criminal mischief in the third degree is a class C felony.
(a) A person commits the crime of defrauding creditors if
(1) knowing that property is subject to a security interest, the person
(A) with intent to defraud, fails to disclose that security interest to a buyer of that property; or
(B) destroys, removes, conceals, encumbers, transfers, or otherwise deals with that property with intent to hinder enforcement of that security interest;
(2) the person destroys, removes, conceals, encumbers, transfers, or otherwise deals with the person's property with intent to defraud an existing judgment creditor; or
(3) knowing that proceedings have been or are about to be instituted for the appointment of an administrator or that a composition agreement or other arrangement for the benefit of creditors has been made or is about to be made, the person, with intent to defraud any creditor,
(A) destroys, removes, conceals, encumbers, transfers, or otherwise disposes of any part of or interest in the debtor's estate;
(B) obtains a substantial part of or interest in the debtor's estate;
(C) presents to any creditor or to the administrator a writing or record relating to the debtor's estate knowing that it contains a false statement; or
(D) misrepresents or fails to disclose to the administrator the existence, amount, or location of any part of or interest in the debtor's estate or any information which that person is legally required to furnish to the administrator.
(b) As used in this section, 'administrator' means an assignee or trustee for the benefit of creditors, a liquidator, a receiver, or any other person entitled to administer property for the benefit of creditors.
(c) Defrauding creditors is a class A misdemeanor unless that secured party, judgment creditor, or creditor incurs a pecuniary loss of $500 or more as a result to the defendant's conduct, in which case defrauding secured creditors is
(1) a class B felony if the loss is $25,000 or more;
(2) a class C felony if the loss is $500 or more but less than $25,000.
In AS 11.46.400 - 11.46.495, unless the context requires otherwise,
(1) 'highway' has the meaning given in AS 19.45.001 ;
(2) 'motor vehicle' has the meaning given in AS 28.40.100 ;
(3) 'official traffic control device' means a traffic control device that has been placed on a highway by authority of a state or municipal agency, a utility, or a contractor employed by a state or municipal agency or a utility;
(4) 'oil or gas pipeline or supporting facilities' means real property or tangible personal property used in the exploration for, production or refining of, or pipeline transportation of oil, gas, or gas liquids, except for property used solely in the retail distribution of oil or gas;
(5) 'tamper' means to interfere with something improperly, meddle with it, or make unwarranted alterations to its existing condition;
(6) 'traffic control device' includes a sign, signal, road marker, barricade, flare, warning light, reflector, railroad sign or signal, shield, insignia, milepost, or similar device intended to warn, inform, or control the flow of pedestrian, equestrian, bicycle, or motor vehicle traffic;
(7) 'utility' means an enterprise, whether publicly or privately owned or operated, which provides gas, electric, steam, water, sewer, or communications service, and any common carrier;
(8) 'widely dangerous means' means any difficult-to-confine substance, force, or other means capable of causing widespread damage, including fire, explosion, avalanche, poison, radioactive material, bacteria, collapse of a building, or flood.
Article 05. FORGERY AND RELATED OFFENSES
(a) A person commits the crime of concealment of merchandise if without authority the person knowingly conceals on or about the person the merchandise of a commercial establishment, not purchased by the person, while still upon the premises of the commercial establishment, with intent to deprive the owner of the merchandise or with intent to appropriate the merchandise.
(b) Merchandise found concealed upon or about the person which has not been purchased by the person is prima facie evidence of a knowing concealment.
(c) Concealment of merchandise is
(1) a class C felony if
(A) the merchandise is a firearm;
(B) the value of the merchandise is $500 or more; or
(C) the value of the merchandise is $50 or more but less than $500 and within the preceding five years the person has been convicted and sentenced on two or more separate occasions in this or another jurisdiction of the offense of
(i) concealment of merchandise under this paragraph or (2)(A) of this subsection, or an offense under another law or ordinance with similar elements; or
(ii) AS 11.46.120 , 11.46.130, or 11.46.140(a)(1) or (a)(2), or an offense under another law or ordinance with similar elements;
(2) a class A misdemeanor if
(A) the value of the merchandise is $50 or more but less than $500; or
(B) the value of the merchandise is less than $50 and within the preceding five years the person has been convicted and sentenced on two or more separate occasions of the offense of concealment of merchandise or theft in any degree, or an offense under another law or ordinance with similar elements;
(3) a class B misdemeanor if the value of the merchandise is less than $50.
(a) A person commits the crime of deceptive business practices if, in the course of engaging in a business, occupation, or profession, the person
(1) makes a false statement in an advertisement or communication addressed to the public or to a substantial number of persons in connection with the promotion of the sale of property or services or to increase the consumption of property or services;
(2) uses or possesses for use a false weight or measure or any other device for falsely determining or recording any quality or quantity;
(3) sells, offers for sale, exposes for sale, or delivers less than the represented quantity of a commodity or service;
(4) sells, offers for sale, or exposes for sale adulterated commodities; or
(5) sells, offers for sale, or exposes for sale mislabeled commodities.
(b) As used in this section,
(1) 'adulterated' means varying from the standard of composition or quality prescribed by law or, if none, as set by established commercial usage;
(2) 'false statement' means an offer to sell or provide property or services made with intent not to sell or provide the advertised property or services
(A) at the price or of the quality advertised;
(B) in a quantity sufficient to meet the reasonably expected public demand unless quantity is specifically stated in the advertisement; or
(C) at all;
(3) 'mislabeled' means
(A) varying from the standard of truth or disclosure in labeling prescribed by law or, if none, as set by established commercial usage; or
(B) represented as being another person's product, though otherwise labeled accurately as to quality and quantity.
(c) Except as provided in (d) of this section, deceptive business practices is a class A misdemeanor.
(d) Deceptive business practices is a class C felony if the person uses the Internet or a computer network to commit the offense. In this subsection, 'Internet' means the combination of computer systems or networks that make up the international network for interactive communications services, including remote logins, file transfer, electronic mail, and newsgroups.
(a) In AS 11.46.500 - 11.46.580, unless the context requires otherwise,
(1) to 'falsely alter' a written instrument means to change, without authorization by anyone entitled to grant it, a written instrument, whether complete or incomplete, by means of erasure, obliteration, deletion, insertion of new matter, transposition of matter, or any other manner, so that the instrument so altered falsely appears or purports to be in all respects an authentic creation of its ostensible maker or authorized by the ostensible maker;
(2) to 'falsely complete' a written instrument means to transform, by adding, inserting, or changing matter, an incomplete written instrument into a complete one without the authority of anyone entitled to grant it, so that the complete written instrument falsely appears or purports to be in all respects an authentic creation of its ostensible maker or authorized by the ostensible maker;
(3) to 'falsely make' a written instrument means to make or draw a complete or incomplete written instrument which purports to be an authentic creation of its ostensible maker, but which is not, either because the ostensible maker is fictitious or because, if real, the ostensible maker did not authorize the making or drawing of the instrument.
(b) In AS 11.46.500 - 11.46.580,
(1) 'forged instrument' means a written instrument which has been falsely made, completed, or altered;
(2) 'utter' means to issue, deliver, publish, circulate, disseminate, transfer, or tender a written instrument or other object to another;
(3) 'written instrument' means a paper, document, instrument, electronic recording, or article containing written or printed matter or the equivalent, whether complete or incomplete, used for the purpose of reciting, embodying, conveying, or recording information or constituting a symbol or evidence of value, right, privilege, or identification, which is capable of being used to the advantage or disadvantage of some person.
Article 06. BUSINESS AND COMMERCIAL OFFENSES
(a) As used in AS 11.46.300 - 11.46.350, unless the context requires otherwise, 'enter or remain unlawfully' means to
(1) enter or remain in or upon premises or in a propelled vehicle when the premises or propelled vehicle, at the time of the entry or remaining, is not open to the public and when the defendant is not otherwise privileged to do so;
(2) fail to leave premises or a propelled vehicle that is open to the public after being lawfully directed to do so personally by the person in charge; or
(3) enter or remain upon premises or in a propelled vehicle in violation of a provision in an order issued or filed under AS 18.66.100 - 18.66.180 or issued under former AS 25.35.010 (b) or 25.35.020.
(b) For purposes of this section, a person who, without intent to commit a crime on the land, enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, is privileged to do so unless
(1) notice against trespass is personally communicated to that person by the owner of the land or some other authorized person; or
(2) notice against trespass is given by posting in a reasonably conspicuous manner under the circumstances.
(c) A notice against trespass is given if the notice
(1) is printed legibly in English;
(2) is at least 144 square inches in size;
(3) contains the name and address of the person under whose authority the property is posted and the name and address of the person who is authorized to grant permission to enter the property;
(4) is placed at each roadway and at each way of access onto the property that is known to the landowner;
(5) in the case of an island, is placed along the perimeter at each cardinal point of the island; and
(6) states any specific prohibition that the posting is directed against, such as 'no trespassing,' 'no hunting,' 'no fishing,' 'no digging,' or similar prohibitions.
Article 03. VEHICLE THEFT
(a) A person commits the crime of theft in the second degree if the person commits theft as defined in AS 11.46.100 and
(1) the value of the property or services is $500 or more but less than $25,000;
(2) the property is a firearm or explosive;
(3) the property is taken from the person of another;
(4) the property is taken from a vessel and is vessel safety or survival equipment;
(5) the property is taken from an aircraft and the property is aircraft safety or survival equipment; or
(6) the value of the property is $50 or more but less than $500 and within the preceding five years the person has been convicted and sentenced on two or more separate occasions in this or another jurisdiction of
(A) AS 11.46.120 , or an offense under another law or ordinance with similar elements;
(B) a crime set out in this subsection or an offense under another law or ordinance with similar elements;
(C) AS 11.46.140 (a)(1) or (2), or an offense under another law or ordinance with similar elements; or
(D) AS 11.46.220 (c)(1) or (c)(2)(A), or an offense under another law or ordinance with similar elements.
(b) In this section,
(1) 'aircraft' means a contrivance used or designed for navigation of flight in air;
(2) 'aircraft safety or survival equipment' means equipment required to be carried on an aircraft under AS 02.35.110 ;
(3) 'vessel' means every description of watercraft, other than a seaplane on water, used or capable of being used as a means of transportation on water;
(4) 'vessel safety or survival equipment' means personal flotation devices; immersion suits; personal flotation device lights; survival craft; equipment necessary for the proper operation of survival craft; emergency position indicating radio beacons; fire extinguishers and supporting equipment; firefighters' outfits; and self contained breathing apparatuses; in this paragraph, 'survival craft' means a device designed to enable a person to survive the loss of a vessel, and includes buoyant apparatuses, inflatable buoyant apparatuses, life floats, inflatable life rafts, and auxiliary craft, including skiffs, usable as survival craft.
(c) Theft in the second degree is a class C felony.
(a) A person commits the crime of vehicle theft in the first degree if, having no right to do so or any reasonable ground to believe the person has such a right, the person drives, tows away, or takes
(1) the car, truck, motorcycle, motor home, bus, aircraft, or watercraft of another;
(2) the propelled vehicle of another and
(A) the vehicle or any other property of another is damaged in a total amount of $500 or more;
(B) the owner incurs reasonable expenses as a result of the loss of use of the vehicle, in a total amount of $500 or more; or
(C) the owner is deprived of the use of the vehicle for seven days or more;
(3) the propelled vehicle of another and the vehicle is marked as a police or emergency vehicle; or
(4) the propelled vehicle of another and, within the preceding seven years, the person was convicted under
(A) this section or AS 11.46.365 ;
(B) former AS 11.46.482 (a)(4) or (5);
(C) former AS 11.46.484 (a)(2);
(D) AS 11.46.120 - 11.46.140 of an offense involving the theft of a propelled vehicle; or
(E) a law or ordinance of this or another jurisdiction with elements substantially similar to those of an offense described in (A) - (D) of this paragraph.
(b) In this section,
(1) 'aircraft' has the meaning given in AS 02.15.260 ;
(2) 'all-terrain vehicle' means a propelled vehicle that has three or more wheels or two or more tracks or treads, is less than 75 inches in width, has a dry weight of 800 pounds or less, is equipped with low pressure tires or rubberized or metal tracks or treads, and is designed primarily for travel over unimproved terrain;
(3) 'motorcycle' means a vehicle having a seat or saddle for the use of the rider, designed to travel on not more than three wheels in contact with the ground, and having an engine with more than 50 cubic centimeters of displacement; 'motorcycle' does not include a tractor or an 'all-terrain vehicle';
(4) 'watercraft' means a propelled vehicle used or capable of being used as a means of transportation, for recreational or commercial purposes, on water; in this paragraph, 'watercraft' does not include a shallow draft propelled vehicle not more than 12 feet in length with an inboard motor powering a water jet pump as its primary means of propulsion that is designed to carry not more than two persons who sit, stand, or kneel on the vehicle.
(c) Vehicle theft in the first degree is a class C felony.
In this chapter, unless the context requires otherwise,
(1) 'access' means to instruct, communicate with, store data in, retrieve data from, or otherwise obtain the ability to use the resources of a computer, computer system, computer network, or any part of a computer system or network;
(2) 'appropriate' or 'appropriate property of another to oneself or a third person' means to
(A) exercise control over property of another, or to aid a third person to exercise control over property of another, permanently or for so extended a period or under such circumstances as to acquire the major portion of the economic value or benefit of the property; or
(B) dispose of the property of another for the benefit of oneself or a third person;
(3) 'computer' means an electronic device that performs logical, arithmetic, and memory functions by the manipulation of electronic, optical, or magnetic impulses, and includes all input, output, processing, storage, computer software, and communication facilities that are connected or related to a computer;
(4) 'computer network' means an interconnection, including by microwave or other means of electronic or optical communication, of two or more computer systems, or between computers and remote terminals;
(5) 'computer program' means an ordered set of instructions or statements, and related information that, when automatically executed in actual or modified form in a computer system, causes it to perform specified functions;
(6) 'computer system' means a set of related computer equipment, devices, and software;
(7) 'data' includes a representation of information, knowledge, facts, concepts, or instructions, that is being prepared or has been prepared in a formalized manner and is used or intended for use in a computer, computer system, or computer network;
(8) 'deprive' or 'deprive another of property' means to
(A) withhold property of another or cause property of another to be withheld from that person permanently or for so extended a period or under such circumstances that the major portion of its economic value or benefit is lost to that person;
(B) dispose of the property in such a manner or under such circumstances as to make it unlikely that the owner will recover the property;
(C) retain the property of another with intent to restore it to that person only if that person pays a reward or other compensation for its return;
(D) sell, give, pledge, or otherwise transfer any interest in the property of another; or
(E) subject the property of another to the claim of a person other than the owner;
(9) 'financial institution' means a bank, insurance company, credit union, building and loan association, investment trust, or other organization held out to the public as a place of deposit of funds or medium of savings or collective investment;
(10) 'financial reputation' means a person's
(A) ability to obtain a loan from a financial institution, open an account with a financial institution, obtain property or services on credit, or obtain an access device; or
(B) creditworthiness in a credit report.
(11) 'intent to defraud', when necessary to constitute an offense, is sufficiently established if an intent appears to defraud any person; 'intent to defraud' means
(A) an intent to injure someone's interest which has value or an intent to use deception; or
(B) knowledge that the defendant is facilitating a fraud or injury to be perpetrated or inflicted by someone else;
(12) 'obtain' means
(A) in relation to property, to bring about a transfer or a purported transfer of a legal interest in the property whether to the obtainer or another or to exert control over property of another; or
(B) in relation to a service, to secure performance of the service;
(13) 'property of another' means property in which a person has an interest which the defendant is not privileged to infringe, whether or not the defendant also has an interest in the property and whether or not the person from whom the property was obtained or withheld also obtained the property unlawfully; 'property of another' does not include property in the possession of the defendant in which another has only a security interest, even if legal title is in the secured party under a conditional sales contract or other security agreement; in the absence of a specific agreement to the contrary, the holder of a security interest in property is not privileged to infringe the debtor's right of possession without the consent of the debtor;
(14) 'stolen property' means property of another that was obtained unlawfully.
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