HB 245: "An Act relating to theft and concealment of merchandise."
00 HOUSE BILL NO. 245 01 "An Act relating to theft and concealment of merchandise." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 11.46.120(a) is amended to read: 04 (a) A person commits the crime of theft in the first 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 $25,000 or more; 07 (2) the value of the property or services is $500 or more but less 08 than $25,000 and, within the preceding five years, the person has been convicted 09 and sentenced on two or more separate occasions in this or another jurisdiction 10 of 11 (A) an offense under this section or AS 11.46.130, or an 12 offense under another law or ordinance with similar elements; 13 (B) an offense under AS 11.46.140(a)(1), or an offense 14 under another law or ordinance with similar elements; or 15 (C) an offense under AS 11.46.220(c)(1), (c)(2)(A), or
01 (c)(3)(A) or an offense under another law or ordinance with similar 02 elements. 03 * Sec. 2. 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 $500 or more but less than 07 $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 $50 or more but less than $500 and, 15 within the preceding five years, the person has been convicted and sentenced on two 16 or more separate occasions in this or another jurisdiction of 17 (A) an offense under AS 11.46.120, or an offense under 18 another law or ordinance with similar elements; 19 (B) a crime set out in this subsection or an offense under 20 another law or ordinance with similar elements; 21 (C) an offense under AS 11.46.140(a)(1), or an offense under 22 another law or ordinance with similar elements; or 23 (D) an offense under AS 11.46.220(c)(1), [OR] (c)(2)(A), or 24 (c)(3)(A), or an offense under another law or ordinance with similar elements; 25 or 26 (7) the property is an access device. 27 * Sec. 3. AS 11.46.220(c) is amended to read: 28 (c) Concealment of merchandise is 29 (1) a class (B) [C] felony if 30 (A) the merchandise is a firearm or explosive; 31 (B) the value of the merchandise is $1,500 [$500] or more; or
01 (C) the value of the merchandise is $500 [$50] or more but less 02 than $1,500 [$500] and, within the preceding five years, the person has been 03 convicted and sentenced on two or more separate occasions in this or another 04 jurisdiction of 05 (i) the offense of concealment of merchandise under 06 this paragraph or (2)(A) or (3)(A) of this subsection, or an offense 07 under another law or ordinance with similar elements; or 08 (ii) an offense under AS 11.46.120, 11.46.130, or 09 11.46.140(a)(1), or an offense under another law or ordinance with 10 similar elements; 11 (D) the value of the merchandise is $500 or more but less 12 than $1,500 and the person used another person or any form of electronic 13 or other device, equipment, or tool to aid in the commission of the crime; 14 (2) a class C felony if 15 (A) the value of the merchandise is $500 or more but less 16 than $1,500; 17 (B) the value of the merchandise is $50 or more but less 18 than $500 and, within the preceeding five years, the person has been 19 convicted and sentenced on two or more separate occasions in this or 20 another jurisdiction of 21 (i) the offense of concealment of merchandise under 22 this paragraph or (1)(A) or (3)(A) of this subsection, or an offense 23 under another law or ordinance with similar elements; or 24 (ii) an offense under AS 11.46.120, 11.46.130, or 25 11.46.140(a)(1), or an offense under another law or ordinance with 26 similar elements; 27 (C) the value of the merchandise is $50 or more but less 28 than $500 and the person used another person or any form of electronic or 29 other device, equipment, or tool to aid in the commission of the crime; 30 (3) 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 (C) the value of the merchandise is less than $50 and the 08 person used another person or any form of electronic or other device, 09 equipment, or tool to aid in the commission of the crime; 10 (4) [(3)] a class B misdemeanor if the value of the merchandise is less 11 than $50. 12 * Sec. 4. AS 11.46.230(a) is amended to read: 13 (a) In a civil or criminal action upon the complaint of a person who has been 14 detained in or in the immediate vicinity of a commercial establishment for the purpose 15 of investigation or questioning as to the ownership of merchandise, it is a defense that 16 (1) the person was detained in a reasonable manner and for not more 17 than a reasonable time to permit investigation or questioning by a peace officer or by 18 the owner of the commercial establishment or the owner's agent; and 19 (2) the peace officer, owner, or owner's agent had probable cause to 20 believe that the person detained was committing or attempting to commit theft under 21 AS 11.46.120 - 11.46.150 or concealment of merchandise. 22 * Sec. 5. AS 11.46.295 is amended to read: 23 Sec. 11.46.295. Prior convictions. For purposes of considering prior 24 convictions in prosecuting a crime of theft under AS 11.46.120(a)(2), 25 AS 11.46.130(a)(6), or 11.46.140(a)(3), or in prosecuting the crime of concealment of 26 merchandise under AS 11.46.220(c), a conviction for an offense under another law or 27 ordinance with similar elements is a conviction of an offense having elements similar 28 to those of an offense defined as such under Alaska law at the time the offense was 29 committed.