HB 223: "An Act relating to property crimes."
00 HOUSE BILL NO. 223 01 "An Act relating to property crimes." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 11.46.130(a) is amended to read: 04 (a) A person commits the crime of theft in the second degree if the person 05 commits theft as defined in AS 11.46.100 and 06 (1) the value of the property or services is $2,500 [$500] or more but 07 less than $25,000; 08 (2) the property is a firearm or explosive; 09 (3) the property is taken from the person of another; 10 (4) the property is taken from a vessel and is vessel safety or survival 11 equipment; 12 (5) the property is taken from an aircraft and the property is aircraft 13 safety or survival equipment; 14 (6) the value of the property is $250 [$50] or more but less than $2,500 15 [$500] and, within the preceding five years, the person has been convicted and
01 sentenced on two or more separate occasions in this or another jurisdiction of 02 (A) an offense under AS 11.46.120, or an offense under 03 another law or ordinance with similar elements; 04 (B) a crime set out in this subsection or an offense under 05 another law or ordinance with similar elements; 06 (C) an offense under AS 11.46.140(a)(1), or an offense under 07 another law or ordinance with similar elements; or 08 (D) an offense under AS 11.46.220(c)(1) or (c)(2)(A), or an 09 offense under another law or ordinance with similar elements; or 10 (7) the property is an access device. 11 * Sec. 2. AS 11.46.140(a) is amended to read: 12 (a) A person commits the crime of theft in the third degree if the person 13 commits theft as defined in AS 11.46.100 and 14 (1) the value of the property or services is $250 [$50] or more but less 15 than $2,500 [$500]; or 16 (2) [REPEALED 17 (3)] the value of the property is less than $250 [$50] and, within the 18 past five years, the person has been convicted and sentenced on two or more separate 19 occasions in this or another jurisdiction of theft or concealment of merchandise, or an 20 offense under another law or ordinance with similar elements. 21 * Sec. 3. AS 11.46.150(a) is amended to read: 22 (a) A person commits the crime of theft in the fourth degree if the person 23 commits theft as defined in AS 11.46.100 and the value of the property or services is 24 less than $250 [$50]. 25 * Sec. 4. AS 11.46.220(c) is amended to read: 26 (c) Concealment of merchandise is 27 (1) a class C felony if 28 (A) the merchandise is a firearm; 29 (B) the value of the merchandise is $2,500 [$500] or more; or 30 (C) the value of the merchandise is $250 [$50] or more but less 31 than $2,500 [$500] and, within the preceding five years, the person has been
01 convicted and sentenced on two or more separate occasions in this or another 02 jurisdiction of 03 (i) the offense of concealment of merchandise under 04 this paragraph or (2)(A) of this subsection, or an offense under another 05 law or ordinance with similar elements; or 06 (ii) an offense under AS 11.46.120, 11.46.130, or 07 11.46.140(a)(1), or an offense under another law or ordinance with 08 similar elements; 09 (2) a class A misdemeanor if 10 (A) the value of the merchandise is $250 [$50] or more but less 11 than $2,500 [$500]; or 12 (B) the value of the merchandise is less than $250 [$50] and, 13 within the preceding five years, the person has been convicted and sentenced 14 on two or more separate occasions of the offense of concealment of 15 merchandise or theft in any degree, or an offense under another law or 16 ordinance with similar elements; 17 (3) a class B misdemeanor if the value of the merchandise is less than 18 $250 [$50]. 19 * Sec. 5. AS 11.46.260(b) is amended to read: 20 (b) Removal of identification marks is 21 (1) a class C felony if the value of the property on which the serial 22 number or identification mark appeared is $2,500 [$500] or more; 23 (2) a class A misdemeanor if the value of the property on which the 24 serial number or identification mark appeared is $250 [$50] or more but less than 25 $2,500 [$500]; 26 (3) a class B misdemeanor if the value of the property on which the 27 serial number or identification mark appeared is less than $250 [$50]. 28 * Sec. 6. AS 11.46.270(b) is amended to read: 29 (b) Unlawful possession is 30 (1) a class C felony if the value of the property on which the serial 31 number or identification mark appeared is $2,500 [$500] or more;
01 (2) a class A misdemeanor if the value of the property on which the 02 serial number or identification mark appeared is $250 [$50] or more but less than 03 $2,500 [$500]; 04 (3) a class B misdemeanor if the value of the property on which the 05 serial number or identification mark appeared is less than $250 [$50]. 06 * Sec. 7. AS 11.46.280(d) is amended to read: 07 (d) Issuing a bad check is 08 (1) a class B felony if the face amount of the check is $25,000 or more; 09 (2) a class C felony if the face amount of the check is $2,500 [$500] or 10 more but less than $25,000; 11 (3) a class A misdemeanor if the face amount of the check is $250 12 [$50] or more but less than $2,500 [$500]; 13 (4) a class B misdemeanor if the face amount of the check is less than 14 $250 [$50]. 15 * Sec. 8. AS 11.46.285(b) is amended to read: 16 (b) Fraudulent use of an access device is 17 (1) a class B felony if the value of the property or services obtained is 18 $25,000 or more; 19 (2) a class C felony if the value of the property or services obtained is 20 $2,500 [$50] or more but less than $25,000; 21 (3) a class A misdemeanor if the value of the property or services 22 obtained is less than $2,500 [$50]. 23 * Sec. 9. AS 11.46.295 is amended to read: 24 Sec. 11.46.295. Prior convictions. For purposes of considering prior 25 convictions in prosecuting a crime of theft under AS 11.46.130(a)(6) or 26 11.46.140(a)(2) [11.46.140(a)(3)], or in prosecuting the crime of concealment of 27 merchandise under AS 11.46.220(c), a conviction for an offense under another law or 28 ordinance with similar elements is a conviction of an offense having elements similar 29 to those of an offense defined as such under Alaska law at the time the offense was 30 committed. 31 * Sec. 10. AS 11.46.360(a) is amended to read:
01 (a) A person commits the crime of vehicle theft in the first degree if, having 02 no right to do so or any reasonable ground to believe the person has such a right, the 03 person drives, tows away, or takes 04 (1) the car, truck, motorcycle, motor home, bus, aircraft, or watercraft 05 of another; 06 (2) the propelled vehicle of another and 07 (A) the vehicle or any other property of another is damaged in a 08 total amount of $2,500 [$500] or more; 09 (B) the owner incurs reasonable expenses as a result of the loss 10 of use of the vehicle, in a total amount of $2,500 [$500] or more; or 11 (C) the owner is deprived of the use of the vehicle for seven 12 days or more; 13 (3) the propelled vehicle of another and the vehicle is marked as a 14 police or emergency vehicle; or 15 (4) the propelled vehicle of another and, within the preceding seven 16 years, the person was convicted under 17 (A) this section or AS 11.46.365; 18 (B) former AS 11.46.482(a)(4) or (5); 19 (C) former AS 11.46.484(a)(2); 20 (D) AS 11.46.120 - 11.46.140 of an offense involving the theft 21 of a propelled vehicle; or 22 (E) a law or ordinance of this or another jurisdiction with 23 elements substantially similar to those of an offense described in (A) - (D) of 24 this paragraph. 25 * Sec. 11. AS 11.46.482(a) is amended to read: 26 (a) A person commits the crime of criminal mischief in the third degree if, 27 having no right to do so or any reasonable ground to believe the person has such a 28 right, 29 (1) with intent to damage property of another, the person damages 30 property of another in an amount of $2,500 [$500] or more; 31 (2) the person recklessly creates a risk of damage in an amount
01 exceeding $100,000 to property of another by the use of widely dangerous means; or 02 (3) the person knowingly 03 (A) defaces, damages, or desecrates a cemetery or the contents 04 of a cemetery or a tomb, grave, or memorial regardless of whether the tomb, 05 grave, or memorial is in a cemetery or whether the cemetery, tomb, grave, or 06 memorial appears to be abandoned, lost, or neglected; 07 (B) removes human remains or associated burial artifacts from 08 a cemetery, tomb, grave, or memorial regardless of whether the cemetery, 09 tomb, grave, or memorial appears to be abandoned, lost, or neglected. 10 * Sec. 12. AS 11.46.484(a) is amended to read: 11 (a) A person commits the crime of criminal mischief in the fourth degree if, 12 having no right to do so or any reasonable ground to believe the person has such a 13 right 14 (1) with intent to damage property of another, the person damages 15 property of another in an amount of $250 [$50] or more but less than $2,500 [$500]; 16 (2) the person tampers with a fire protection device in a building that is 17 a public place; 18 (3) the person knowingly accesses a computer, computer system, 19 computer program, computer network, or part of a computer system or network; 20 (4) the person uses a device to descramble an electronic signal that has 21 been scrambled to prevent unauthorized receipt or viewing of the signal unless the 22 device is used only to descramble signals received directly from a satellite or unless 23 the person owned the device before September 18, 1984; or 24 (5) the person knowingly removes, relocates, defaces, alters, obscures, 25 shoots at, destroys, or otherwise tampers with an official traffic control device or 26 damages the work upon a highway under construction. 27 * Sec. 13. AS 11.46.486(a) is amended to read: 28 (a) A person commits the crime of criminal mischief in the fifth degree if, 29 having no right to do so or any reasonable ground to believe the person has such a 30 right, 31 (1) with reckless disregard for the risk of harm to or loss of the
01 property or with intent to cause substantial inconvenience to another, the person 02 tampers with property of another; 03 (2) with intent to damage property of another, the person damages 04 property of another in an amount less than $250 [$50]; or 05 (3) the person rides in a propelled vehicle knowing it has been stolen 06 or that it is being used in violation of AS 11.46.360 or 11.46.365(a)(1). 07 * Sec. 14. AS 11.46.530(b) is amended to read: 08 (b) Criminal simulation is 09 (1) a class C felony if the value of what the object purports to represent 10 is $2,500 [$500] or more; 11 (2) a class A misdemeanor if the value of what the object purports to 12 represent is $250 [$50] or more but less than $2,500 [$500]; 13 (3) a class B misdemeanor if the value of what the object purports to 14 represent is less than $250 [$50]. 15 * Sec. 15. AS 11.46.620(d) is amended to read: 16 (d) Misapplication of property is 17 (1) a class C felony if the value of the property misapplied is $2,500 18 [$500] or more; 19 (2) a class A misdemeanor if the value of the property misapplied is 20 less than $2,500 [$500]. 21 * Sec. 16. AS 11.46.730(c) is amended to read: 22 (c) Defrauding creditors is a class A misdemeanor unless that secured party, 23 judgment creditor, or creditor incurs a pecuniary loss of $2,500 [$500] or more as a 24 result to the defendant's conduct, in which case defrauding secured creditors is 25 (1) a class B felony if the loss is $25,000 or more; 26 (2) a class C felony if the loss is $2,500 [$500] or more but less than 27 $25,000. 28 * Sec. 17. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 APPLICABILITY. This Act applies to offenses committed on or after the effective 31 date of this Act.