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Enrolled HB 238: Relating to criminal mischief in the third degree; and providing for an effective date.

00Enrolled HB 238 01 Relating to criminal mischief in the third degree; and providing for an effective date. 02 _______________ 03 * Section 1. AS 11.46.482(a) is amended to read: 04 (a) A person commits the crime of criminal mischief in the third degree if, 05 having no right to do so or any reasonable ground to believe the person has such a 06 right, 07 (1) with intent to damage property of another, the person damages 08 property of another in an amount of $750 or more; 09 (2) the person recklessly creates a risk of damage in an amount 10 exceeding $100,000 to property of another by the use of widely dangerous means; or 11 (3) the person knowingly 12 (A) defaces, damages, or desecrates a cemetery or the contents 13 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).