00                      CS FOR HOUSE BILL NO. 238(JUD)                                                                    
01 "An Act relating to criminal mischief in the third degree; and providing for an effective                               
02 date."                                                                                                                  
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 11.46.482(a) is amended to read:                                                                   
05            (a)  A person commits the crime of criminal mischief in the third degree if,                                 
06       having no right to do so or any reasonable ground to believe the person has such a                                
07       right,                                                                                                            
08                 (1)  with intent to damage property of another, the person damages                                      
09       property of another in an amount of $750 or more;                                                                 
10                 (2)  the person recklessly creates a risk of damage in an amount                                        
11       exceeding $100,000 to property of another by the use of widely dangerous means; or                                
12                 (3)  the person knowingly                                                                               
13                      (A)  defaces, damages, or desecrates a cemetery or the contents                                    
14            of a cemetery or a tomb, grave, or memorial regardless of whether the tomb,                                  

01            grave, or memorial is in a cemetery or whether the cemetery, tomb, grave, or                                 
02            memorial appears to be abandoned, lost, or neglected;                                                        
03                      (B)  removes human remains or associated burial artifacts from                                     
04            a cemetery, tomb, grave, or memorial regardless of whether the cemetery,                                     
05            tomb, grave, or memorial appears to be abandoned, lost, or neglected;                                    
06                      (C)  defaces, damages, or desecrates                                                           
07                           (i)  real property that has a place of religious                                          
08                 education or worship located on it and is owned, leased, or used by                                 
09                 a religious organization or used for any religious purpose; or                                      
10 (ii)  tangible personal property used by a religious                                                                
11                 organization or used for any religious purpose.                                                     
12    * Sec. 2. AS 11.46.482(b) is amended to read:                                                                      
13 (b)  It is an affirmative defense to a prosecution under (a)(3) of this section that                                    
14       the defendant, at the time of the offense, was                                                                    
15 (1)  an employee of the cemetery and was engaged in an authorized                                                       
16       activity on behalf of the cemetery; [OR]                                                                          
17                 (2)  authorized by law or state permit to engage in the conduct; or                                 
18 (3)  an employee of a religious organization or the owner or                                                        
19 operator or employee of the owner or operator of real property or tangible                                          
20 personal property under (a)(3)(C) of this section, and was engaged in an                                            
21 authorized activity on behalf of the religious organization or the owner or                                         
22       operator of the real property or tangible personal property.                                                  
23    * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).