CSHB 350(FIN) am: "An Act relating to murder, conspiracy, criminal mischief, and terroristic threatening; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 350(FIN) am 01 "An Act relating to murder, conspiracy, criminal mischief, and terroristic threatening; 02 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 11.46.475; 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 AS 11.46.475 05 and, in the course of or in furtherance of the offense or in immediate flight from 06 that offense, any person causes the death of a person other than one of the 07 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 is amended by adding a new section to read: 04 Sec. 11.46.475. Criminal mischief in the first degree. (a) A person 05 commits the crime of criminal mischief in the first degree if, having no right to do so 06 or any reasonable ground to believe the person has such a right, 07 (1) the person intentionally damages an oil or gas pipeline or 08 supporting facility; 09 (2) with intent to cause a substantial interruption or impairment of a 10 service rendered to the public by a utility or by an organization that deals with 11 emergencies involving danger to life or property, the person damages or tampers with 12 property of that utility or organization and causes substantial interruption or 13 impairment of service to the public; 14 (3) with intent to damage property of another by the use of widely 15 dangerous means, the person damages property of another in an amount exceeding 16 $100,000 by the use of widely dangerous means. 17 (b) Criminal mischief in the first degree is a class A felony. 18 * Sec. 6. AS 11.46.480(a) is amended to read: 19 (a) A person commits the crime of criminal mischief in the second [FIRST] 20 degree if, having no right to do so or any reasonable ground to believe the person has 21 such a right, 22 (1) [WITH INTENT TO CAUSE A SUBSTANTIAL 23 INTERRUPTION OR IMPAIRMENT OF A SERVICE RENDERED TO THE 24 PUBLIC BY A UTILITY OR BY AN ORGANIZATION WHICH DEALS WITH 25 EMERGENCIES INVOLVING DANGER TO LIFE OR PROPERTY, THE PERSON 26 DAMAGES OR TAMPERS WITH PROPERTY OF THAT UTILITY OR 27 ORGANIZATION AND CAUSES SUBSTANTIAL INTERRUPTION OR 28 IMPAIRMENT OF SERVICE TO THE PUBLIC; 29 (2) WITH INTENT TO DAMAGE PROPERTY OF ANOTHER BY 30 THE USE OF WIDELY DANGEROUS MEANS, THE PERSON DAMAGES 31 PROPERTY OF ANOTHER IN AN AMOUNT EXCEEDING $100,000 BY THE
01 USE OF WIDELY DANGEROUS MEANS; 02 (3)] the person tampers with [INTENTIONALLY DAMAGES] an oil 03 or gas pipeline or supporting facility or an airplane or helicopter, with reckless 04 disregard for the risk of harm to or loss of the property; or 05 (2) [(4)] with intent to cause physical injury to another person, the 06 person [:] 07 (A) tampers with food, air, water, or an item that is a [FOOD,] 08 drug [,] or cosmetic, or a container for food, air, water, or the item; or 09 (B) delivers, dispenses, or distributes food, air, water, or an 10 item described in (A) of this paragraph knowing that a person has tampered 11 with the food, air, water, or item or a container for the food, air, water, or 12 item. 13 * Sec. 7. AS 11.46.480(b) is amended to read: 14 (b) Criminal mischief in the second [FIRST] degree is a class B felony. 15 * Sec. 8. AS 11.46.480(c) is amended to read: 16 (c) In (a)(2) [(a)(4)] of this section, 17 (1) "deliver" means the actual, constructive, or attempted transfer from 18 one person to another of food, air, water, or an item; 19 (2) "dispense" means to deliver a drug to an ultimate user or research 20 subject by or under the lawful order of a practitioner, including the prescribing, 21 administering, packaging, labeling, or compounding necessary to prepare the drug for 22 that delivery; 23 (3) "distribute" means to deliver food, air, water, or an item, whether 24 or not there is any money or other item of value exchanged; it includes sale, gift, or 25 exchange; 26 (4) "drug" has the meaning given in AS 11.71.900(9); 27 (5) "tamper" means to interfere with something improperly, meddle 28 with it, or make unwarranted alterations to its existing condition. 29 * Sec. 9. AS 11.46.482(a) is amended to read: 30 (a) A person commits the crime of criminal mischief in the third [SECOND] 31 degree if, having no right to do so or any reasonable ground to believe the person has
01 such a right, 02 (1) with intent to damage property of another, the person damages 03 property of another in an amount of $500 or more; 04 (2) [THE PERSON TAMPERS WITH AN OIL OR GAS PIPELINE 05 OR SUPPORTING FACILITY OR AN AIRPLANE OR HELICOPTER WITH 06 RECKLESS DISREGARD FOR THE RISK OF HARM TO OR LOSS OF THE 07 PROPERTY; 08 (3)] the person recklessly creates a risk of damage in an amount 09 exceeding $100,000 to property of another by the use of widely dangerous means; or 10 (3) [(4) REPEALED 11 (5) REPEALED 12 (6)] 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, 15 grave, or memorial is in a cemetery or whether the cemetery, tomb, grave, or 16 memorial appears to be abandoned, lost, or neglected; 17 (B) removes human remains or associated burial artifacts from 18 a cemetery, tomb, grave, or memorial regardless of whether the cemetery, 19 tomb, grave, or memorial appears to be abandoned, lost, or neglected. 20 * Sec. 10. AS 11.46.482(b) is amended to read: 21 (b) It is an affirmative defense to a prosecution under (a)(3) [(a)(6)] of this 22 section that the defendant, at the time of the offense, was 23 (1) an employee of the cemetery and was engaged in an authorized 24 activity on behalf of the cemetery; or 25 (2) authorized by law or state permit to engage in the conduct. 26 * Sec. 11. AS 11.46.482(d) is amended to read: 27 (d) Criminal mischief in the third [SECOND] degree is a class C felony. 28 * Sec. 12. AS 11.46.484(a) is amended to read: 29 Sec. 11.46.484. Criminal mischief in the fourth [THIRD] degree. (a) A 30 person commits the crime of criminal mischief in the fourth [THIRD] degree if, 31 having no right to do so or any reasonable ground to believe the person has such a
01 right 02 (1) with intent to damage property of another, the person damages 03 property of another in an amount of $50 or more but less than $500; 04 (2) [REPEALED 05 (3) REPEALED 06 (4)] the person tampers with a fire protection device in a building that 07 is a public place; 08 (3) [(5)] the person knowingly accesses a computer, computer system, 09 computer program, computer network, or part of a computer system or network; 10 (4) [(6)] the person uses a device to descramble an electronic signal 11 that has been scrambled to prevent unauthorized receipt or viewing of the signal unless 12 the device is used only to descramble signals received directly from a satellite or 13 unless the person owned the device before September 18, 1984; or 14 (5) [(7)] the person knowingly removes, relocates, defaces, alters, 15 obscures, shoots at, destroys, or otherwise tampers with an official traffic control 16 device or damages the work upon a highway under construction. 17 * Sec. 13. AS 11.46.484(b) is amended to read: 18 (b) Criminal mischief in the fourth [THIRD] degree is a class A 19 misdemeanor. 20 * Sec. 14. AS 11.46.486 is amended to read: 21 Sec. 11.46.486. Criminal mischief in the fifth [FOURTH] degree. (a) A 22 person commits the crime of criminal mischief in the fifth [FOURTH] degree if, 23 having no right to do so or any reasonable ground to believe the person has such a 24 right, 25 (1) with reckless disregard for the risk of harm to or loss of the 26 property or with intent to cause substantial inconvenience to another, the person 27 tampers with property of another; 28 (2) with intent to damage property of another, the person damages 29 property of another in an amount less than $50; or 30 (3) the person rides in a propelled vehicle knowing it has been stolen 31 or that it is being used in violation of AS 11.46.360 or 11.46.365(a)(1).
01 (b) Criminal mischief in the fifth [FOURTH] degree is a class B 02 misdemeanor. 03 * Sec. 15. AS 11.46.487 is amended to read: 04 Sec. 11.46.487. Forfeiture of property upon conviction. Firearms and other 05 personal property, except a motor vehicle, used in aid of a violation of AS 11.46.460, 06 11.46.462, or 11.46.484(a)(5) [11.46.484(a)(7)] may be forfeited to the state upon 07 conviction of the offender for the crime. 08 * Sec. 16. AS 11.56.800(a) is amended to read: 09 (a) A person commits the crime of false information or report if the person 10 knowingly 11 (1) gives false information to a peace officer 12 (A) with the intent of implicating another in an offense; or 13 (B) concerning the person's identity while the person is 14 (i) under arrest, detention, or investigation for a crime; 15 or 16 (ii) being served with an arrest warrant or being issued a 17 citation; 18 (2) makes a false report to a peace officer that a crime has occurred or 19 is about to occur; 20 (3) makes a false report or gives a false alarm, under circumstances 21 not amounting to terroristic threatening in the second degree under 22 AS 11.56.810, that a fire or other incident dangerous to life or property calling for an 23 emergency response has occurred or is about to occur; or 24 (4) makes a false report to the Department of Natural Resources under 25 AS 46.17 concerning the condition of a dam or reservoir. 26 * Sec. 17. AS 11.56 is amended by adding a new section to read: 27 Sec. 11.56.807. Terroristic threatening in the first degree. (a) A person 28 commits the crime of terroristic threatening in the first degree if the person sends or 29 delivers a bacteriological, biological, chemical, or radiological substance or an 30 imitation bacteriological, biological, chemical, or radiological substance and as a 31 result
01 (1) places a person in reasonable fear of physical injury to any person; 02 (2) causes evacuation of a building, public place or area, business 03 premises, or mode of public transportation; or 04 (3) causes serious public inconvenience. 05 (b) In this section, 06 (1) "bacteriological, biological, chemical, or radiological substance" 07 means a material that is capable of causing serious physical injury; 08 (2) "imitation bacteriological, biological, chemical, or radiological 09 substance" means a material that by its appearance would lead a reasonable person to 10 believe that it is capable of causing serious physical injury. 11 (c) Terroristic threatening in the first degree is a class B felony. 12 * Sec. 18. AS 11.56.810 is amended to read: 13 Sec. 11.56.810. Terroristic threatening in the second degree. (a) A person 14 commits the crime of terroristic threatening in the second degree if the person 15 knowingly makes a false report that a circumstance 16 (1) dangerous to human life exists or is about to exist and 17 (A) [(1) PLACES] a person is placed in reasonable fear of 18 physical injury to any person; 19 (B) [(2)] causes evacuation of a building, public place or area, 20 business premises, or mode of public transportation; [OR] 21 (C) [(3)] causes serious public inconvenience; or 22 (D) the report claims that a bacteriological, biological, 23 chemical, or radiological substance that is capable of causing serious 24 physical injury has been sent or is present in a building, public place or 25 area, business premises, or mode of public transportation; or 26 (2) exists or is about to exist that is dangerous to the proper or safe 27 functioning of an oil or gas pipeline or supporting facility, utility, or 28 transportation or cargo facility; in this paragraph, "oil or gas pipeline and 29 supporting facility" and "utility" have the meanings given in AS 11.46.490. 30 (b) Terrorist threatening in the second degree is a class C felony. 31 * Sec. 19. AS 12.61.120(b) is amended to read:
01 (b) If the defendant is proceeding without counsel in a case involving a 02 charged violation of AS 11.41, AS 11.46.300 - 11.46.330, AS 11.56.740, 11.56.807, 03 11.56.810, AS 11.61.190 - 11.61.210, or a crime involving domestic violence [,] and 04 the court finds that the defendant may pose a continuing threat to the victim of or 05 witness to the offense charged, the court shall protect the address and telephone 06 number of the victim or witness by providing the information only to a person 07 specified by the court or by imposing other restrictions that the court considers 08 necessary. When an address or telephone number is released to a person specified by 09 the court under this subsection, that person, who shall be ordered not to disclose the 10 information to the defendant, shall contact the victim or witness on behalf of the 11 defendant, and the defendant shall meet or speak with the victim or witness only in the 12 presence of that person. 13 * Sec. 20. AS 18.66.990(3) is amended to read: 14 (3) "domestic violence" and "crime involving domestic violence" mean 15 one or more of the following offenses or an offense under a law or ordinance of 16 another jurisdiction having elements similar to these offenses, or an attempt to commit 17 the offense, by a household member against another household member: 18 (A) a crime against the person under AS 11.41; 19 (B) burglary under AS 11.46.300 - 11.46.310; 20 (C) criminal trespass under AS 11.46.320 - 11.46.330; 21 (D) arson or criminally negligent burning under AS 11.46.400 - 22 11.46.430; 23 (E) criminal mischief under AS 11.46.475 - 11.46.486 24 [AS 11.46.480 - 11.46.486]; 25 (F) terrorist threatening under AS 11.56.807 or 11.56.810 26 [AS 11.56.810]; 27 (G) violating a domestic violence order under AS 11.56.740; or 28 (H) harassment under AS 11.61.120(a)(2) - (4); 29 * Sec. 21. The uncodified law of the State of Alaska is amended by adding a new section to 30 read: 31 APPLICABILITY. This Act applied to offenses committed on or after the effective
01 date of this Act. 02 * Sec. 22. This Act takes effect immediately under AS 01.10.070(c).