Enrolled HB 131: 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.
00Enrolled HB 131 01 Increasing the criminal classification of theft of an access device and of obtaining an access 02 device or identification documents by fraudulent means; increasing the criminal classification 03 for certain cases of fraudulent use of an access device; and providing for an effective date. 04 _______________ 05 * Section 1. AS 11.46.130(a) is amended to read: 06 (a) A person commits the crime of theft in the second degree if the person 07 commits theft as defined in AS 11.46.100 and 08 (1) the value of the property or services is $500 or more but less than 09 $25,000; 10 (2) the property is a firearm or explosive; 11 (3) the property is taken from the person of another; 12 (4) the property is taken from a vessel and is vessel safety or survival 13 equipment; 14 (5) the property is taken from an aircraft and the property is aircraft
01 safety or survival equipment; [OR] 02 (6) the value of the property is $50 or more but less than $500 and, 03 within the preceding five years, the person has been convicted and sentenced on two 04 or more separate occasions in this or another jurisdiction of 05 (A) AS 11.46.120, or an offense under another law or 06 ordinance with similar elements; 07 (B) a crime set out in this subsection or an offense under 08 another law or ordinance with similar elements; 09 (C) AS 11.46.140(a)(1) [OR (2)], or an offense under another 10 law or ordinance with similar elements; or 11 (D) AS 11.46.220(c)(1) or (c)(2)(A), or an offense under 12 another law or ordinance with similar elements; or 13 (7) the property is an access device. 14 * Sec. 2. AS 11.46.220(c) is amended to read: 15 (c) Concealment of merchandise is 16 (1) a class C felony if 17 (A) the merchandise is a firearm; 18 (B) the value of the merchandise is $500 or more; or 19 (C) the value of the merchandise is $50 or more but less than 20 $500 and, within the preceding five years, the person has been convicted and 21 sentenced on two or more separate occasions in this or another jurisdiction of 22 the offense of 23 (i) concealment of merchandise under this paragraph or 24 (2)(A) of this subsection, or an offense under another law or ordinance 25 with similar elements; or 26 (ii) AS 11.46.120, 11.46.130, or 11.46.140(a)(1) [OR 27 (a)(2)], or an offense under another law or ordinance with similar 28 elements; 29 (2) a class A misdemeanor if 30 (A) the value of the merchandise is $50 or more but less than 31 $500; or
01 (B) the value of the merchandise is less than $50 and, within 02 the preceding five years, the person has been convicted and sentenced on two 03 or more separate occasions of the offense of concealment of merchandise or 04 theft in any degree, or an offense under another law or ordinance with similar 05 elements; 06 (3) a class B misdemeanor if the value of the merchandise is less than 07 $50. 08 * Sec. 3. AS 11.46.285(b) is amended to read: 09 (b) Fraudulent use of an access device is 10 (1) a class B felony if the value of the property or services obtained is 11 $25,000 or more; 12 (2) a class C felony if the value of the property or services obtained is 13 $50 [$500] or more but less than $25,000; 14 (3) a class A misdemeanor if the value of the property or services 15 obtained is less than $50 [OR MORE BUT LESS THAN $500; 16 (4) A CLASS B MISDEMEANOR IF THE VALUE OF THE 17 PROPERTY OR SERVICES OBTAINED IS LESS THAN $50]. 18 * Sec. 4. AS 11.46.290(b) is amended to read: 19 (b) Obtaining an access device or identification document by fraudulent means 20 is a class C felony [A MISDEMEANOR]. 21 * Sec. 5. AS 11.46.140(a)(2) is repealed. 22 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 APPLICABILITY. This Act applies to offenses occurring on or after the effective 25 date of this Act. 26 * Sec. 7. This Act takes effect July 1, 2005.