00 Enrolled SB 129                                                                                                         
01 Relating to the wrongful recording of a notice of pendency of an action relating to title to or                         
02 right to possession of real property.                                                                                   
03                           _______________                                                                               
04    * Section 1.  AS 11.46.560(a) is amended to read:                                                                  
05            (a)  A person commits the crime of offering a false instrument for recording in                              
06       the second degree if [,]                                                                                          
07                 (1)  under AS 40.17, the person presents a lien to the recorder for                                     
08       registration, filing, or recording with reckless disregard that the lien is not                                   
09                      (A)  provided for by a specific state or federal statute; or                                       
10                      (B)  a lien imposed or authorized by a court recognized under                                      
11            state or federal law; [OR]                                                                                   
12                 (2)  under a law authorizing the receipt and filing of a document, the                                  
13       person presents a lien to a department or person having responsibility to accept a lien                           
14       for filing with reckless disregard that the lien is not                                                           
01                      (A)  provided for by a specific state or federal statute; or                                       
02                      (B)  a lien imposed or authorized by a court recognized under                                      
03            state or federal law; or                                                                                 
04                 (3)  the person presents to the recorder a notice of the pendency of                                
05       an action affecting title to real property or the right to possession of real property                        
06       with reckless disregard of the fact that the action specified does not concern the                            
07       title to or right to possession of the real property referred to in the notice, or with                       
08       reckless disregard of the fact that there is no pending action concerning the title                           
09       to or right to possession of the real property referred to in the notice.                                     
10    * Sec. 2.  AS 11.46.560(b) is amended to read:                                                                     
11            (b)  In a prosecution under (a) of this section, it is an affirmative defense that                           
12       the owner of the property affected has consented in writing to the lien or the filing of                  
13       the notice.