CSHB 338(JUD): "An Act relating to crimes and offenses involving aural representations, recordings, computers, access devices, other technology, and identification documents; relating to the crime of criminal impersonation; and providing for an effective date."
00CS FOR HOUSE BILL NO. 338(JUD) 01 "An Act relating to crimes and offenses involving aural representations, recordings, 02 computers, access devices, other technology, and identification documents; relating 03 to the crime of criminal impersonation; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 11.41.455(a) is amended to read: 06 (a) A person commits the crime of unlawful exploitation of a minor if, in the 07 state and with the intent of producing a live performance, film, audio , video, 08 electronic, or electromagnetic recording, photograph, negative, slide, book, 09 newspaper, magazine, or other [PRINTED] material that visually or aurally depicts 10 the conduct listed in (1) - (7) of this subsection, the person knowingly induces or 11 employs a child under 18 years of age to engage in, or photographs, films, records, or 12 televises a child under 18 years of age engaged in, the following actual or simulated 13 conduct: 14 (1) sexual penetration;
01 (2) the lewd touching of another person's genitals, anus, or breast; 02 (3) the lewd touching by another person of the child's genitals, anus, 03 or breast; 04 (4) masturbation; 05 (5) bestiality; 06 (6) the lewd exhibition of the child's genitals; or 07 (7) sexual masochism or sadism. 08 * Sec. 2. AS 11.41.455(b) is amended to read: 09 (b) A parent, legal guardian, or person having custody or control of a child 10 under 18 years of age commits the crime of unlawful exploitation of a minor if, in the 11 state, the person permits the child to engage in conduct described in (a) of this section 12 knowing that the conduct is intended to be used in producing a live performance, film, 13 audio , video, electronic, or electromagnetic recording, photograph, negative, slide, 14 book, newspaper, magazine, or other printed or electronically recorded material that 15 visually or aurally depicts the conduct. 16 * Sec. 3. AS 11.46.140(a) is amended to read: 17 (a) A person commits the crime of theft in the third degree if the person 18 commits theft as defined in AS 11.46.100 and 19 (1) the value of the property or services is $50 or more but less than 20 $500; 21 (2) the property is an access device [A CREDIT CARD]; or 22 (3) the value of the property is less than $50 and , within the past five 23 years , the person has been convicted and sentenced on two or more separate occasions 24 in this or another jurisdiction of theft or concealment of merchandise, or an offense 25 under another law or ordinance with similar elements. 26 * Sec. 4. AS 11.46.285 is amended to read: 27 Sec. 11.46.285. Fraudulent use of an access device [A CREDIT CARD]. 28 (a) A person commits the crime of fraudulent use of an access device [A CREDIT 29 CARD] if, with intent to defraud, the person uses an access device [A CREDIT 30 CARD] to obtain property or services with knowledge that 31 (1) the access device [CARD] is stolen or forged;
01 (2) the access device [CARD] is expired or has been revoked or 02 cancelled; or 03 (3) for any other reason , that person's use of the access device [CARD] 04 is unauthorized by either the issuer or the person to whom the access device [CREDIT 05 CARD] is issued. 06 (b) Fraudulent use of an access device [A CREDIT CARD] is 07 (1) a class B felony if the value of the property or services obtained 08 is $25,000 or more; 09 (2) a class C felony if the value of the property or services obtained is 10 $500 or more but less than $25,000 ; 11 (3) [(2)] a class A misdemeanor if the value of the property or services 12 obtained is $50 or more but less than $500; 13 (4) [(3)] a class B misdemeanor if the value of the property or services 14 obtained is less than $50. 15 * Sec. 5. AS 11.46.290 is amended to read: 16 Sec. 11.46.290. Obtaining an access device or identification document [A 17 CREDIT CARD] by fraudulent means. (a) A person commits the crime of 18 obtaining an access device or identification document [A CREDIT CARD] by 19 fraudulent means if 20 (1) the person buys an access device or identification document [A 21 CREDIT CARD] from a person other than the issuer or, as other than the issuer, the 22 person sells an access device or identification document [A CREDIT CARD]; 23 (2) with intent to defraud, the person obtains an access device or 24 identification document [CONTROL OF A CREDIT CARD AS A SECURITY FOR 25 DEBT]; or 26 (3) with intent to defraud, the person makes a false statement in an 27 application for an access device or identification document [A CREDIT CARD]. 28 (b) [OBTAINING A CREDIT CARD BY FRAUDULENT MEANS UNDER 29 (a)(1) OR (2) OF THIS SECTION IS A CLASS C FELONY.] Obtaining an access 30 device or identification document [A CREDIT CARD] by fraudulent means [UNDER 31 (a)(3) OF THIS SECTION] is a class A misdemeanor.
01 * Sec. 6. AS 11.46 is amended by adding a new section to read: 02 Sec. 11.46.565. Criminal impersonation in the first degree. (a) A person 03 commits the crime of criminal impersonation in the first degree if the person 04 (1) possesses an access device or identification document of another 05 person; 06 (2) without authorization of the other person, uses the access device or 07 identification document of the other person to obtain a false identification document, 08 open an account at a financial institution, obtain an access device, or obtain property; 09 and 10 (3) recklessly damages the financial reputation of the other person. 11 (b) Criminal impersonation in the first degree is a class B felony. 12 * Sec. 7. AS 11.46.570 is amended to read: 13 Sec. 11.46.570. Criminal impersonation in the second degree . (a) A person 14 commits the crime of criminal impersonation in the second degree if the person 15 (1) assumes a false identity and does an act in the assumed character 16 with intent to obtain a benefit to which the person is not entitled or to defraud; or 17 (2) pretends to be a representative of some person or organization and 18 does an act in the pretended capacity with intent to obtain a benefit to which the 19 person is not entitled or to defraud. 20 (b) Criminal impersonation in the second degree is a class A misdemeanor. 21 * Sec. 8. AS 11.46.630(b)(1) is amended to read: 22 (1) "business record" means a writing , a recording, electronic data, 23 or an article kept or maintained by an enterprise for the purpose of evidencing or 24 reflecting its condition or activity; 25 * Sec. 9. AS 11.46.710(c) is amended to read: 26 (c) Except as provided in (d) of this section, deceptive [DECEPTIVE] 27 business practices is a class A misdemeanor. 28 * Sec. 10. AS 11.46.710 is amended by adding a new subsection to read: 29 (d) Deceptive business practices is a class C felony if the person uses the 30 Internet or a computer network to commit the offense. In this subsection, "Internet" 31 means the combination of computer systems or networks that make up the international
01 network for interactive communications services, including remote logins, file transfer, 02 electronic mail, and newsgroups. 03 * Sec. 11. AS 11.46.740(a) is amended to read: 04 (a) A person commits the offense of criminal use of a computer if, having no 05 right to do so or any reasonable ground to believe the person has such a right, the 06 person knowingly accesses , [OR] causes to be accessed , or exceeds the person's 07 authorized access to a computer, computer system, computer program, computer 08 network, or any part of a computer system or network, and , as a result of or in the 09 course of that access , 10 (1) obtains information concerning a person; [OR] 11 (2) introduces false information into a computer, computer system, 12 computer program, or computer network with the intent to damage or enhance the 13 data record or the financial reputation of a person ; 14 (3) introduces false information into a computer, computer system, 15 computer program, or computer network and, with criminal negligence, damages 16 or enhances the data record or the financial reputation of a person; 17 (4) obtains proprietary information of another person; 18 (5) obtains information that is only available to the public for a fee; 19 (6) introduces instructions, a computer program, or other 20 information that tampers with, disrupts, disables, or destroys a computer, 21 computer system, computer program, computer network, or any part of a 22 computer system or network; or 23 (7) encrypts or decrypts data . 24 * Sec. 12. AS 11.46.740 is amended by adding a new subsection to read: 25 (c) In this section, "proprietary information" means scientific, technical, or 26 commercial information, including a design, process, procedure, customer list, supplier 27 list, or customer records that the holder of the information has not made available to 28 the public. 29 * Sec. 13. AS 11.46.990 is amended by adding a new paragraph to read: 30 (14) "financial reputation" means a person's 31 (A) ability to obtain a loan from a financial institution, open an
01 account with a financial institution, obtain property or services on credit, or 02 obtain an access device; or 03 (B) creditworthiness in a credit report. 04 * Sec. 14. AS 11.61.125(d) is amended to read: 05 (d) In this section, "distribution" includes delivering, selling, renting, leasing, 06 lending, giving, circulating, exhibiting, presenting, providing, [AND] exchanging, and 07 placing on a computer network or computer system, whether or not for monetary 08 or other consideration. 09 * Sec. 15. AS 11.81.900(b)(48) is amended to read: 10 (48) "property" means an article, substance, or thing of value, including 11 money, tangible and intangible personal property including data or information stored 12 in a computer program, system, or network, real property, an access device [A 13 CREDIT CARD], a domestic pet or livestock regardless of value, choses-in-action, and 14 evidence of debt or of contract; a commodity of a public utility such as gas, electricity, 15 steam, or water constitutes property , but the supplying of such a commodity to 16 premises from an outside source by means of wires, pipes, conduits, or other 17 equipment is considered a rendition of a service rather than a sale or delivery of 18 property; 19 * Sec. 16. AS 11.81.900(b) is amended by adding new paragraphs to read: 20 (61) "access device" means a card, credit card, plate, code, account 21 number, algorithm, or identification number, including a social security number, 22 electronic serial number, or password, that is capable of being used, alone or in 23 conjunction with another access device or identification document, to obtain property 24 or services, or that can be used to initiate a transfer of property; 25 (62) "identification document" means a paper, instrument, or other 26 article used to establish the identity of a person; "identification document" includes a 27 social security card, driver's license, non-driver's identification, birth certificate, 28 passport, employee identification, or hunting or fishing license. 29 * Sec. 17. The uncodified law of the State of Alaska is amended by adding a new section 30 to read: 31 APPLICABILITY. This Act applies to offenses committed or completed on or after
01 the effective date of this Act. 02 * Sec. 18. This Act takes effect immediately under AS 01.10.070(c).