00               SENATE CS FOR 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 or damages real property that                                                     
07                           (i)  has a place of religious education or worship                                        
08                 located on it; and                                                                                  
09                           (ii)  if leased or used by a religious organization and                                   
10 is part of a larger property, is the part of the property leased or                                                 
11 used by the religious organization, including the access to the entry                                               
12                 of that part of the property; or                                                                    
13 (D)  defaces or damages tangible personal property that has                                                         
14 religious significance and is used by a religious organization or displayed                                         
15            for educational purposes.                                                                                
16    * Sec. 2. AS 11.46.482(b) is amended to read:                                                                      
17 (b)  It is an affirmative defense to a prosecution under (a)(3) of this section that                                    
18       the defendant, at the time of the offense, was                                                                    
19 (1)  an employee of the cemetery and was engaged in an authorized                                                       
20       activity on behalf of the cemetery; [OR]                                                                          
21                 (2)  authorized by law or state permit to engage in the conduct; or                                 
22 (3)  an employee of a religious organization or the owner or                                                        
23 operator or employee of the owner or operator of real property or tangible                                          
24 personal property under (a)(3)(C) or (D) of this section, and was engaged in an                                     
25 authorized activity on behalf of the religious organization or the owner or                                         
26       operator of the real property or tangible personal property.                                                  
27    * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).