00                            HOUSE BILL NO. 238                                                                          
01 "An Act relating to criminal mischief in the third degree; and providing for an effective                               
02 date."                                                                                                                  
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 11.46.482(a) is amended to read:                                                                   
05            (a)  A person commits the crime of criminal mischief in the third degree if,                                 
06       having no right to do so or any reasonable ground to believe the person has such a                                
07       right,                                                                                                            
08                 (1)  with intent to damage property of another, the person damages                                      
09       property of another in an amount of $750 or more;                                                                 
10                 (2)  the person recklessly creates a risk of damage in an amount                                        
11       exceeding $100,000 to property of another by the use of widely dangerous means; or                                
12                 (3)  the person knowingly                                                                               
13                      (A)  defaces, damages, or desecrates a cemetery or the contents                                    
14            of a cemetery or a tomb, grave, or memorial regardless of whether the tomb,                                  

01            grave, or memorial is in a cemetery or whether the cemetery, tomb, grave, or                                 
02            memorial appears to be abandoned, lost, or neglected;                                                        
03                      (B)  removes human remains or associated burial artifacts from                                     
04            a cemetery, tomb, grave, or memorial regardless of whether the cemetery,                                     
05            tomb, grave, or memorial appears to be abandoned, lost, or neglected;                                    
06                      (C)  defaces, damages, or desecrates a building, structure, or                                 
07            personal property used for worship or any other religious purpose.                                       
08    * Sec. 2. AS 11.46.482(b) is amended to read:                                                                      
09            (b)  It is an affirmative defense to a prosecution under (a)(3) of this section that                         
10       the defendant, at the time of the offense, was                                                                    
11                 (1)  an employee of the cemetery and was engaged in an authorized                                       
12       activity on behalf of the cemetery; [OR]                                                                          
13                 (2)  authorized by law or state permit to engage in the conduct; or                                 
14 (3)  an employee of a religious institution or the owner or operator                                                
15 or employee of the owner or operator of a building, structure, or personal                                          
16 property used for worship or any other religious purpose, and was engaged in an                                     
17 authorized activity on behalf of the religious institution or the owner or operator                                 
18       of the building, structure, or personal property.                                                             
19    * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).