CSSB 240(STA): "An Act relating to the crimes of murder, conspiracy, criminal mischief, and terroristic threatening; making conforming amendments; and providing for an effective date."
00 CS FOR SENATE BILL NO. 240(STA) 01 "An Act relating to the crimes of murder, conspiracy, criminal mischief, and terroristic 02 threatening; making conforming amendments; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 09.60.070(c) is amended to read: 05 (c) In this section, "serious criminal offense" means the following offenses: 06 (1) murder in any degree; 07 (2) manslaughter; 08 (3) criminally negligent homicide; 09 (4) assault in any degree; 10 (5) kidnapping; 11 (6) sexual assault in any degree; 12 (7) sexual abuse of a minor in any degree; 13 (8) robbery in any degree; 14 (9) coercion;
01 (10) extortion; 02 (11) arson in any degree; 03 (12) burglary in any degree; 04 (13) criminal mischief in the first, second, [OR] third , or fourth 05 degree; 06 (14) driving while intoxicated or another crime resulting from the 07 operation of a motor vehicle, boat, or airplane when the offender is intoxicated; 08 (15) a crime involving domestic violence, as defined in AS 18.66.990. 09 * Sec. 2. AS 11.31.120(i)(2) is amended to read: 10 (2) "serious felony offense" means an offense 11 (A) against the person under AS 11.41, punishable as an 12 unclassified or class A felony; [OR] 13 (B) involving controlled substances under AS 11.71, 14 punishable as an unclassified, class A, or class B felony; 15 (C) that is criminal mischief in the first degree under 16 AS 11.46.480; or 17 (D) that is terroristic threatening in the first degree under 18 AS 11.56.807. 19 * Sec. 3. AS 11.41.100(a) is amended to read: 20 (a) A person commits the crime of murder in the first degree if 21 (1) with intent to cause the death of another person, the person 22 (A) causes the death of any person; or 23 (B) compels or induces any person to commit suicide through 24 duress or deception; 25 (2) the person knowingly engages in conduct directed toward a child 26 under the age of 16 and the person with criminal negligence inflicts serious physical 27 injury on the child by at least two separate acts, and one of the acts results in the death 28 of the child; [OR] 29 (3) acting alone or with one or more persons, the person commits or 30 attempts to commit a sexual offense against or kidnapping of a child under 16 years of 31 age and, in the course of or in furtherance of the offense or in immediate flight from
01 that offense, any person causes the death of the child; in this paragraph, "sexual 02 offense" means an offense defined in AS 11.41.410 - 11.41.470; 03 (4) acting alone or with one or more persons, the person commits 04 or attempts to commit criminal mischief in the first degree under 05 AS 11.46.480(a)(3) and, in the course of or in furtherance of the offense or in 06 immediate flight from that offense, any person causes the death of a person other 07 than one of the participants; or 08 (5) acting alone or with one or more persons, the person commits 09 terroristic threatening in the first degree under AS 11.56.807 and, in the course of 10 or in furtherance of the offense or in immediate flight from that offense, any 11 person causes the death of a person other than one of the participants. 12 * Sec. 4. AS 11.41.260(a) is amended to read: 13 (a) A person commits the crime of stalking in the first degree if the person 14 violates AS 11.41.270 and 15 (1) the actions constituting the offense are in violation of an order 16 issued or filed under AS 18.66.100 - 18.66.180 or issued under former 17 AS 25.35.010(b) or 25.35.020; 18 (2) the actions constituting the offense are in violation of a condition of 19 probation, release before trial, release after conviction, or parole; 20 (3) the victim is under 16 years of age; 21 (4) at any time during the course of conduct constituting the offense, 22 the defendant possessed a deadly weapon; 23 (5) the defendant has been previously convicted of a crime under this 24 section, AS 11.41.270, or AS 11.56.740, or a law or ordinance of this or another 25 jurisdiction with elements similar to a crime under this section, AS 11.41.270, or 26 AS 11.56.740; or 27 (6) the defendant has been previously convicted of a crime, or an 28 attempt or solicitation to commit a crime, under (A) AS 11.41.100 - 11.41.250, 29 11.41.300 - 11.41.460, AS 11.56.807, 11.56.810 [AS 11.56.810], AS 11.61.120, or (B) 30 a law or an ordinance of this or another jurisdiction with elements similar to a crime, 31 or an attempt or solicitation to commit a crime, under AS 11.41.100 - 11.41.250,
01 11.41.300 - 11.41.460, AS 11.56.807, 11.56.810 [AS 11.56.810], or AS 11.61.120, 02 involving the same victim as the present offense. 03 * Sec. 5. AS 11.46.480(a) is amended to read: 04 (a) A person commits the crime of criminal mischief in the first degree if, 05 having no right to do so or any reasonable ground to believe the person has such a 06 right, 07 (1) with intent to cause a substantial interruption or impairment of a 08 service rendered to the public by a utility or by an organization that [WHICH] deals 09 with emergencies involving danger to life or property, the person damages or tampers 10 with property of that utility or organization and causes substantial interruption or 11 impairment of service to the public; 12 (2) with intent to damage property of another by the use of widely 13 dangerous means, the person damages property of another in an amount exceeding 14 $100,000 by the use of widely dangerous means; 15 (3) the person intentionally damages an oil or gas pipeline or 16 supporting facility; or 17 (4) with intent to cause physical injury to another person, the person [:] 18 (A) tampers with food, air, water, or an item that is a [FOOD,] 19 drug [,] or cosmetic, or a container for food, air, water, or the item; or 20 (B) delivers, dispenses, or distributes food, air, water, or an 21 item described in (A) of this paragraph knowing that a person has tampered 22 with the food, air, water, or item or a container for the food, water, or item. 23 * Sec. 6. AS 11.46.480(b) is amended to read: 24 (b) Criminal mischief in the first degree is a class A [B] felony. 25 * Sec. 7. AS 11.46.480(c)(1) is amended to read: 26 (1) "deliver" means the actual, constructive, or attempted transfer from 27 one person to another of food, air, water, or an item; 28 * Sec. 8. AS 11.46.480(c)(3) is amended to read: 29 (3) "distribute" means to deliver food, air, water, or an item, whether or not 30 there is any money or other item of value exchanged; it includes sale, gift, or 31 exchange;
01 * Sec. 9. AS 11.46 is amended by adding a new section to read: 02 Sec. 11.46.481. Criminal mischief in the second degree. (a) A person 03 commits the crime of criminal mischief in the second degree if, having no right to do 04 so or any reasonable ground to believe the person has such a right, the person tampers 05 with an oil or gas pipeline or supporting facility or an airplane or helicopter with 06 reckless disregard for the risk of harm to or loss of the property; 07 (b) Criminal mischief in the second degree is a class B felony. 08 * Sec. 10. AS 11.46.482(a) is amended to read: 09 (a) A person commits the crime of criminal mischief in the third [SECOND] 10 degree if, having no right to do so or any reasonable ground to believe the person has 11 such a right, 12 (1) with intent to damage property of another, the person damages 13 property of another in an amount of $500 or more; 14 (2) [THE PERSON TAMPERS WITH AN OIL OR GAS PIPELINE 15 OR SUPPORTING FACILITY OR AN AIRPLANE OR HELICOPTER WITH 16 RECKLESS DISREGARD FOR THE RISK OF HARM TO OR LOSS OF THE 17 PROPERTY; 18 (3)] the person recklessly creates a risk of damage in an amount 19 exceeding $100,000 to property of another by the use of widely dangerous means; or 20 (3) [(4) REPEALED 21 (5) REPEALED 22 (6)] the person knowingly 23 (A) defaces, damages, or desecrates a cemetery or the contents 24 of a cemetery or a tomb, grave, or memorial regardless of whether the tomb, 25 grave, or memorial is in a cemetery or whether the cemetery, tomb, grave, or 26 memorial appears to be abandoned, lost, or neglected; 27 (B) removes human remains or associated burial artifacts from 28 a cemetery, tomb, grave, or memorial regardless of whether the cemetery, 29 tomb, grave, or memorial appears to be abandoned, lost, or neglected. 30 * Sec. 11. AS 11.46.482(b) is amended to read: 31 (b) It is an affirmative defense to a prosecution under (a)(3) [(a)(6)] of this
01 section that the defendant, at the time of the offense, was 02 (1) an employee of the cemetery and was engaged in an authorized 03 activity on behalf of the cemetery; or 04 (2) authorized by law or state permit to engage in the conduct. 05 * Sec. 12. AS 11.46.482(d) is amended to read: 06 (d) Criminal mischief in the third [SECOND] degree is a class C felony. 07 * Sec. 13. AS 11.46.484 is amended to read: 08 Sec. 11.46.484. Criminal mischief in the fourth [THIRD] degree. (a) A 09 person commits the crime of criminal mischief in the fourth [THIRD] degree if, 10 having no right to do so or any reasonable ground to believe the person has such a 11 right 12 (1) with intent to damage property of another, the person damages 13 property of another in an amount of $50 or more but less than $500; 14 (2) [REPEALED 15 (3) REPEALED 16 (4)] the person tampers with a fire protection device in a building that 17 is a public place; 18 (3) [(5)] the person knowingly accesses a computer, computer system, 19 computer program, computer network, or part of a computer system or network; 20 (4) [(6)] the person uses a device to descramble an electronic signal 21 that has been scrambled to prevent unauthorized receipt or viewing of the signal unless 22 the device is used only to descramble signals received directly from a satellite or 23 unless the person owned the device before September 18, 1984; or 24 (5) [(7)] the person knowingly removes, relocates, defaces, alters, 25 obscures, shoots at, destroys, or otherwise tampers with an official traffic control 26 device or damages the work upon a highway under construction. 27 * Sec. 14. AS 11.46.484(b) is amended to read: 28 (b) Criminal mischief in the fourth [THIRD] degree is a class A 29 misdemeanor. 30 * Sec. 15. AS 11.46.486 is amended to read: 31 Sec. 11.46.486. Criminal mischief in the fifth [FOURTH] degree. (a) A
01 person commits the crime of criminal mischief in the fifth [FOURTH] degree if, 02 having no right to do so or any reasonable ground to believe the person has such a 03 right, 04 (1) with reckless disregard for the risk of harm to or loss of the 05 property or with intent to cause substantial inconvenience to another, the person 06 tampers with property of another; 07 (2) with intent to damage property of another, the person damages 08 property of another in an amount less than $50; or 09 (3) the person rides in a propelled vehicle knowing it has been stolen 10 or that it is being used in violation of AS 11.46.360 or 11.46.365(a)(1). 11 (b) Criminal mischief in the fifth [FOURTH] degree is a class B 12 misdemeanor. 13 * Sec. 16. AS 11.46.487 is amended to read: 14 Sec. 11.46.487. Forfeiture of property upon conviction. Firearms and other 15 personal property, except a motor vehicle, used in aid of a violation of AS 11.46.460, 16 11.46.462, or 11.46.484(a)(5) [11.46.484(a)(7)] may be forfeited to the state upon 17 conviction of the offender for the crime. 18 * Sec. 17. AS 11.56.800(a) is amended to read: 19 (a) A person commits the crime of false information or report if the person 20 knowingly 21 (1) gives false information to a peace officer 22 (A) with the intent of implicating another in an offense; or 23 (B) concerning the person's identity while the person is 24 (i) under arrest, detention, or investigation for a crime; 25 or 26 (ii) being served with an arrest warrant or being issued a 27 citation; 28 (2) makes a false report to a peace officer that a crime has occurred or 29 is about to occur; 30 (3) makes a false report or gives a false alarm, under circumstances 31 not amounting to terroristic threatening in the second degree under
01 AS 11.56.810, that a fire or other incident dangerous to life or property calling for an 02 emergency response has occurred or is about to occur; or 03 (4) makes a false report to the Department of Natural Resources under 04 AS 46.17 concerning the condition of a dam or reservoir. 05 * Sec. 18. AS 11.56 is amended by adding a new section to read: 06 Sec. 11.56.807. Terroristic threatening in the first degree. (a) A person 07 commits the crime of terroristic threatening in the first degree if the person sends, 08 delivers, attempts to send or deliver, or solicits the sending or delivery of an envelope, 09 package, or any other item containing a biological or chemical substance or an 10 imitation biological or chemical substance with intent 11 (1) to place a person in fear of physical injury to any person; 12 (2) to cause evacuation of a building, public place, business premises, 13 or means of public transportation; or 14 (3) to cause serious public inconvenience. 15 (b) In this section, 16 (1) "biological or chemical substance" means a material that is harmful 17 to the health of a person; 18 (2) "imitation biological or chemical substance" means a material that 19 by its appearance would lead a reasonable person to believe that it is harmful to the 20 health of a person. 21 (c) Terroristic threatening in the first degree is a class B felony. 22 * Sec. 19. AS 11.56.810 is amended to read 23 Sec. 11.56.810. Terroristic threatening in the second degree. (a) A person 24 commits the crime of terroristic threatening in the second degree if the person 25 knowingly makes a false report 26 (1) that a circumstance dangerous to human life exists or is about to 27 exist and 28 (A) [(1)] places a person in fear of physical injury to any 29 person; 30 (B) [(2)] causes evacuation of a building, public place, 31 business premises, or means of public transportation; [OR]
01 (C) [(3)] causes serious public inconvenience; 02 (D) that claims that a biological or chemical substance that 03 is harmful to the health of a person has been sent or is present in a 04 building, public place, business premises, or means of public 05 transportation; or 06 (2) that threatens damage to an oil or gas pipeline or supporting 07 facility. 08 (b) Terroristic threatening in the second degree is a class C felony. 09 * Sec. 20. AS 11.56.810 is amended by adding a new subsection to read: 10 (c) In this section, "oil or gas pipeline or supporting facility" has the meaning 11 given in AS 11.46.490. 12 * Sec. 21. AS 12.61.120(b) is amended to read: 13 (b) If the defendant is proceeding without counsel in a case involving a 14 charged violation of AS 11.41, AS 11.46.300 - 11.46.330, AS 11.56.740, 11.56.807, 15 11.56.810, AS 11.61.190 - 11.61.210, or a crime involving domestic violence [,] and 16 the court finds that the defendant may pose a continuing threat to the victim of or 17 witness to the offense charged, the court shall protect the address and telephone 18 number of the victim or witness by providing the information only to a person 19 specified by the court or by imposing other restrictions that the court considers 20 necessary. When an address or telephone number is released to a person specified by 21 the court under this subsection, that person, who shall be ordered not to disclose the 22 information to the defendant, shall contact the victim or witness on behalf of the 23 defendant, and the defendant shall meet or speak with the victim or witness only in the 24 presence of that person. 25 * Sec. 22. AS 18.66.990(3) is amended to read: 26 (3) "domestic violence" and "crime involving domestic violence" mean 27 one or more of the following offenses or an offense under a law or ordinance of 28 another jurisdiction having elements similar to these offenses, or an attempt to commit 29 the offense, by a household member against another household member: 30 (A) a crime against the person under AS 11.41; 31 (B) burglary under AS 11.46.300 - 11.46.310;
01 (C) criminal trespass under AS 11.46.320 - 11.46.330; 02 (D) arson or criminally negligent burning under AS 11.46.400 - 03 11.46.430; 04 (E) criminal mischief under AS 11.46.480 - 11.46.486; 05 (F) terroristic threatening under AS 11.56.807 or 11.56.810 06 [AS 11.56.810]; 07 (G) violating a domestic violence order under AS 11.56.740; 08 or 09 (H) harassment under AS 11.61.120(a)(2) - (4); 10 * Sec. 23. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 APPLICABILITY. This Act applies to offenses committed on or after the effective 13 date of this Act. 14 * Sec. 24. This Act takes effect immediately under AS 01.10.070(c).