HB 232: "An Act relating to property crimes."
00 HOUSE BILL NO. 232 01 "An Act relating to property crimes." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 11.46.130(a) is amended to read: 04 (a) A person commits the crime of theft in the second degree if the person 05 commits theft as defined in AS 11.46.100 and 06 (1) the value of the property or services is $2,500 [$500] or more but 07 less than $25,000; 08 (2) the property is a firearm or explosive; 09 (3) the property is taken from the person of another; 10 (4) the property is taken from a vessel and is vessel safety or survival 11 equipment; 12 (5) the property is taken from an aircraft and the property is aircraft 13 safety or survival equipment; or 14 (6) the value of the property is $50 or more but less than $2,500 [$500] 15 and within the preceding five years the person has been convicted and sentenced on
01 two or more separate occasions in this or another jurisdiction of 02 (A) AS 11.46.120, or an offense under another law or 03 ordinance with similar elements; 04 (B) a crime set out in this subsection or an offense under 05 another law or ordinance with similar elements; 06 (C) AS 11.46.140(a)(1) or (2), or an offense under another law 07 or ordinance with similar elements; or 08 (D) AS 11.46.220(c)(1) or (c)(2)(A), or an offense under 09 another law or ordinance with similar elements. 10 * Sec. 2. AS 11.46.140(a) is amended to read: 11 (a) A person commits the crime of theft in the third degree if the person 12 commits theft as defined in AS 11.46.100 and 13 (1) the value of the property or services is $50 or more but less than 14 $2,500 [$500]; 15 (2) the property is an access device; or 16 (3) the value of the property is less than $50 and, within the past five 17 years, the person has been convicted and sentenced on two or more separate occasions 18 in this or another jurisdiction of theft or concealment of merchandise, or an offense 19 under another law or ordinance with similar elements. 20 * Sec. 3. AS 11.46.220(c) is amended to read: 21 (c) Concealment of merchandise is 22 (1) a class C felony if 23 (A) the merchandise is a firearm; 24 (B) the value of the merchandise is $2,500 [$500] or more; or 25 (C) the value of the merchandise is $50 or more but less than 26 $2,500 [$500] and within the preceding five years the person has been 27 convicted and sentenced on two or more separate occasions in this or another 28 jurisdiction of the offense of 29 (i) concealment of merchandise under this paragraph or 30 (2)(A) of this subsection, or an offense under another law or ordinance 31 with similar elements; or
01 (ii) AS 11.46.120, 11.46.130, or 11.46.140(a)(1) or 02 (a)(2), or an offense under another law or ordinance with similar 03 elements; 04 (2) a class A misdemeanor if 05 (A) the value of the merchandise is $50 or more but less than 06 $2,500 [$500]; or 07 (B) the value of the merchandise is less than $50 and within the 08 preceding five years the person has been convicted and sentenced on two or 09 more separate occasions of the offense of concealment of merchandise or theft 10 in any degree, or an offense under another law or ordinance with similar 11 elements; 12 (3) a class B misdemeanor if the value of the merchandise is less than 13 $50. 14 * Sec. 4. AS 11.46.260(b) is amended to read: 15 (b) Removal of identification marks is 16 (1) a class C felony if the value of the property on which the serial 17 number or identification mark appeared is $2,500 [$500] or more; 18 (2) a class A misdemeanor if the value of the property on which the 19 serial number or identification mark appeared is $50 or more but less than $2,500 20 [$500]; 21 (3) a class B misdemeanor if the value of the property on which the 22 serial number or identification mark appeared is less than $50. 23 * Sec. 5. AS 11.46.270(b) is amended to read: 24 (b) Unlawful possession is 25 (1) a class C felony if the value of the property on which the serial 26 number or identification mark appeared is $2,500 [$500] or more; 27 (2) a class A misdemeanor if the value of the property on which the 28 serial number or identification mark appeared is $50 or more but less than $2,500 29 [$500]; 30 (3) a class B misdemeanor if the value of the property on which the 31 serial number or identification mark appeared is less than $50.
01 * Sec. 6. AS 11.46.280(d) is amended to read: 02 (d) Issuing a bad check is 03 (1) a class B felony if the face amount of the check is $25,000 or more; 04 (2) a class C felony if the face amount of the check is $2,500 [$500] or 05 more but less than $25,000; 06 (3) a class A misdemeanor if the face amount of the check is $50 or 07 more but less than $2,500 [$500]; 08 (4) a class B misdemeanor if the face amount of the check is less than 09 $50. 10 * Sec. 7. AS 11.46.285(b) is amended to read: 11 (b) Fraudulent use of an access device is 12 (1) a class B felony if the value of the property or services obtained is 13 $25,000 or more; 14 (2) a class C felony if the value of the property or services obtained is 15 $2,500 [$500] or more but less than $25,000; 16 (3) a class A misdemeanor if the value of the property or services 17 obtained is $50 or more but less than $2,500 [$500]; 18 (4) a class B misdemeanor if the value of the property or services 19 obtained is less than $50. 20 * Sec. 8. AS 11.46.360(a) is amended to read: 21 (a) A person commits the crime of vehicle theft in the first degree if, having 22 no right to do so or any reasonable ground to believe the person has such a right, the 23 person drives, tows away, or takes 24 (1) the car, truck, motorcycle, motor home, bus, aircraft, or watercraft 25 of another; 26 (2) the propelled vehicle of another and 27 (A) the vehicle or any other property of another is damaged in a 28 total amount of $2,500 [$500] or more; 29 (B) the owner incurs reasonable expenses as a result of the loss 30 of use of the vehicle, in a total amount of $2,500 [$500] or more; or 31 (C) the owner is deprived of the use of the vehicle for seven
01 days or more; 02 (3) the propelled vehicle of another and the vehicle is marked as a 03 police or emergency vehicle; or 04 (4) the propelled vehicle of another and, within the preceding seven 05 years, the person was convicted under 06 (A) this section or AS 11.46.365; 07 (B) former AS 11.46.482(a)(4) or (5); 08 (C) former AS 11.46.484(a)(2); 09 (D) AS 11.46.120 - 11.46.140 of an offense involving the theft 10 of a propelled vehicle; or 11 (E) a law or ordinance of this or another jurisdiction with 12 elements substantially similar to those of an offense described in (A) - (D) of 13 this paragraph. 14 * Sec. 9. AS 11.46.482(a) is amended to read: 15 (a) A person commits the crime of criminal mischief in the third degree if, 16 having no right to do so or any reasonable ground to believe the person has such a 17 right, 18 (1) with intent to damage property of another, the person damages 19 property of another in an amount of $2,500 [$500] or more; 20 (2) the person recklessly creates a risk of damage in an amount 21 exceeding $100,000 to property of another by the use of widely dangerous means; or 22 (3) 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. 10. AS 11.46.484(a) is amended to read: 31 (a) A person commits the crime of criminal mischief in the fourth degree if,
01 having no right to do so or any reasonable ground to believe the person has such a 02 right 03 (1) with intent to damage property of another, the person damages 04 property of another in an amount of $50 or more but less than $2,500 [$500]; 05 (2) the person tampers with a fire protection device in a building that is 06 a public place; 07 (3) the person knowingly accesses a computer, computer system, 08 computer program, computer network, or part of a computer system or network; 09 (4) the person uses a device to descramble an electronic signal that has 10 been scrambled to prevent unauthorized receipt or viewing of the signal unless the 11 device is used only to descramble signals received directly from a satellite or unless 12 the person owned the device before September 18, 1984; or 13 (5) the person knowingly removes, relocates, defaces, alters, obscures, 14 shoots at, destroys, or otherwise tampers with an official traffic control device or 15 damages the work upon a highway under construction. 16 * Sec. 11. AS 11.46.530(b) is amended to read: 17 (b) Criminal simulation is 18 (1) a class C felony if the value of what the object purports to represent 19 is $2,500 [$500] or more; 20 (2) a class A misdemeanor if the value of what the object purports to 21 represent is $50 or more but less than $2,500 [$500]; 22 (3) a class B misdemeanor if the value of what the object purports to 23 represent is less than $50. 24 * Sec. 12. AS 11.46.620(d) is amended to read: 25 (d) Misapplication of property is 26 (1) a class C felony if the value of the property misapplied is $2,500 27 [$500] or more; 28 (2) a class A misdemeanor if the value of the property misapplied is 29 less than $2,500 [$500]. 30 * Sec. 13. AS 11.46.730(c) is amended to read: 31 (c) Defrauding creditors is a class A misdemeanor unless that secured party,
01 judgment creditor, or creditor incurs a pecuniary loss of $2,500 [$500] or more as a 02 result to the defendant's conduct, in which case defrauding secured creditors is 03 (1) a class B felony if the loss is $25,000 or more; 04 (2) a class C felony if the loss is $2,500 [$500] or more but less than 05 $25,000. 06 * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to 07 read: 08 APPLICABILITY. This Act applies to offenses committed on or after the effective 09 date of this Act.