HB 98: "An Act relating to aggregation of crimes under theft in the second degree; relating to fraudulent use of an access device; and relating to the crime of possession of motor vehicle theft tools."
00 HOUSE BILL NO. 98 01 "An Act relating to aggregation of crimes under theft in the second degree; relating to 02 fraudulent use of an access device; and relating to the crime of possession of motor 03 vehicle theft tools." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 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, adjusted for inflation as 09 provided in AS 11.46.982, is $750 or more but less than $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; 02 (6) the value of the property, adjusted for inflation as provided in 03 AS 11.46.982, is $250 or more but less than $750 and, within the preceding five years, 04 the person has been convicted and sentenced on two or more separate occasions in this 05 or another jurisdiction of 06 (A) an offense under AS 11.46.120, or an offense under 07 another law or 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) an offense under AS 11.46.140(a)(1), or an offense under 11 another law or ordinance with similar elements; or 12 (D) an offense under AS 11.46.220(c)(1) or (c)(2)(A), or an 13 offense under another law or ordinance with similar elements; [OR] 14 (7) the property is an access device or identification document; or 15 (8) the combined value of the property or services taken from one 16 or more persons or commercial establishments within a period of 180 days, 17 adjusted for inflation as provided in AS 11.46.982, is $750 or more but less that 18 $25,000. 19 * Sec. 2. AS 11.46.285 is amended to read: 20 Sec. 11.46.285. Fraudulent use of an access device or identification 21 document. (a) A person commits the crime of fraudulent use of an access device or 22 identification document if, with intent to defraud, the person uses an access device or 23 identification document to obtain property or services with knowledge that 24 (1) the access device or identification document is stolen or forged; 25 (2) the access device or identification document is expired or has 26 been revoked or cancelled; or 27 (3) for any other reason, that person's use of the access device or 28 identification document is unauthorized by either the issuer or the person to whom 29 the access device or identification document is issued. 30 (b) Fraudulent use of an access device or identification document is 31 (1) a class B felony if the value of the property or services obtained is
01 $25,000 or more; 02 (2) a class C felony if the value of the property or services obtained, 03 adjusted for inflation as provided in AS 11.46.982, is $750 or more but less than 04 $25,000; 05 (3) a class A misdemeanor if the value of the property or services 06 obtained, adjusted for inflation as provided in AS 11.46.982, is less than $750. 07 * Sec. 3. AS 11.46 is amended by adding a new section to Article 3 to read: 08 Sec. 11.46.370. Possession of motor vehicle theft tools. (a) A person commits 09 the crime of possession of motor vehicle theft tools if the person possesses a motor 10 vehicle theft tool with intent to use or permit use of the tool in the commission of 11 vehicle theft. 12 (b) In this section, 13 (1) "altered or shaved key" means a key altered by cutting, filing, or 14 other means to fit multiple vehicles or vehicles other than vehicles for which the key 15 was originally manufactured; 16 (2) "motor vehicle theft tool" includes a slim jim, master key, altered 17 or shaved key, trial or jiggler key, lock puller, or similar device adapted or designed 18 for use in committing vehicle theft; 19 (3) "trial or jiggler key" means a key designed or altered to manipulate 20 a vehicle locking mechanism other than the lock for which the key was originally 21 manufactured. 22 (c) Possession of motor vehicle theft tools is a class A misdemeanor.