HB 131: "An Act increasing the criminal classification of theft of an access device and of obtaining an access device or identification documents by fraudulent means; increasing the criminal classification for certain cases of fraudulent use of an access device; and providing for an effective date."
00 HOUSE BILL NO. 131 01 "An Act increasing the criminal classification of theft of an access device and of 02 obtaining an access device or identification documents by fraudulent means; increasing 03 the criminal classification for certain cases of fraudulent use of an access device; and 04 providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 11.46.130(a) is amended to read: 07 (a) A person commits the crime of theft in the second degree if the person 08 commits theft as defined in AS 11.46.100 and 09 (1) the value of the property or services is $500 or more but less than 10 $25,000; 11 (2) the property is a firearm or explosive; 12 (3) the property is taken from the person of another; 13 (4) the property is taken from a vessel and is vessel safety or survival 14 equipment;
01 (5) the property is taken from an aircraft and the property is aircraft 02 safety or survival equipment; [OR] 03 (6) the value of the property is $50 or more but less than $500 and 04 within the preceding five years the person has been convicted and sentenced on two or 05 more separate occasions in this or another jurisdiction of 06 (A) AS 11.46.120, or an offense under another law or 07 ordinance with similar elements; 08 (B) a crime set out in this subsection or an offense under 09 another law or ordinance with similar elements; 10 (C) AS 11.46.140(a)(1) [OR (2)], or an offense under another 11 law or ordinance with similar elements; or 12 (D) AS 11.46.220(c)(1) or (c)(2)(A), or an offense under 13 another law or ordinance with similar elements; or 14 (7) the property is an access device. 15 * Sec. 2. AS 11.46.220(c) is amended to read: 16 (c) Concealment of merchandise is 17 (1) a class C felony if 18 (A) the merchandise is a firearm; 19 (B) the value of the merchandise is $500 or more; or 20 (C) the value of the merchandise is $50 or more but less than 21 $500 and, within the preceding five years, the person has been convicted and 22 sentenced on two or more separate occasions in this or another jurisdiction of 23 the offense of 24 (i) concealment of merchandise under this paragraph or 25 (2)(A) of this subsection, or an offense under another law or ordinance 26 with similar elements; or 27 (ii) AS 11.46.120, 11.46.130, or 11.46.140(a)(1) [OR 28 (a)(2)], or an offense under another law or ordinance with similar 29 elements; 30 (2) a class A misdemeanor if 31 (A) the value of the merchandise is $50 or more but less than
01 $500; or 02 (B) the value of the merchandise is less than $50 and, within 03 the preceding five years, the person has been convicted and sentenced on two 04 or more separate occasions of the offense of concealment of merchandise or 05 theft in any degree, or an offense under another law or ordinance with similar 06 elements; 07 (3) a class B misdemeanor if the value of the merchandise is less than 08 $50. 09 * Sec. 3. AS 11.46.285(b) is amended to read: 10 (b) Fraudulent use of an access device is 11 (1) a class B felony if the value of the property or services obtained is 12 $25,000 or more; 13 (2) a class C felony if the value of the property or services obtained is 14 $50 [$500] or more but less than $25,000; 15 (3) a class A misdemeanor if the value of the property or services 16 obtained is less than $50 [OR MORE BUT LESS THAN $500; 17 (4) A CLASS B MISDEMEANOR IF THE VALUE OF THE 18 PROPERTY OR SERVICES OBTAINED IS LESS THAN $50]. 19 * Sec. 4. AS 11.46.290(b) is amended to read: 20 (b) Obtaining an access device or identification document by fraudulent means 21 is a class C felony [A MISDEMEANOR]. 22 * Sec. 5. AS 11.46.140(a)(2) is repealed. 23 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 24 read: 25 APPLICABILITY. This Act applies to offenses occurring on or after the effective 26 date of this Act. 27 * Sec. 7. This Act takes effect July 1, 2005.