Title 11 — Criminal Law
30 chapters · 369 sections in this title.
AS 11.46.100 Theft defined.
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A person commits theft if (1) with intent to deprive another of property or to appropriate property of another to oneself or a third person, the person obtains the property of another; (2) the person commits theft of lost or mislaid property under AS 11.46.160; (3) the person com…
AS 11.46.110 Consolidation of theft offenses: Pleading and proof.
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(a) Each instance of conduct defined as theft under AS 11.46.100 constitutes theft in the first, second, third, or fourth degree. (b) An accusation of theft is sufficient if it alleges that the defendant committed theft of property or services of the nature or value required for …
AS 11.46.120 Theft in the first degree.
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(a) A person commits the crime of theft in the first degree if the person commits theft as defined in AS 11.46.100 and the value of the property or services is $25,000 or more. (b) Theft in the first degree is a class B felony.
AS 11.46.130 Theft in the second degree.
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(a) A person commits the crime of theft in the second degree if the person commits theft as defined in AS 11.46.100 and (1) the value of the property or services is $750 or more but less than $25,000; (2) the property is a firearm or explosive; (3) the property is taken from the …
AS 11.46.140 Theft in the third degree.
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(a) A person commits the crime of theft in the third degree if the person commits theft as defined in AS 11.46.100 and (1) the value of the property or services is $250 or more but less than $750; or (2) [Repealed, § 5 ch 67 SLA 2005.] (3) [Repealed, § 179 ch 36 SLA 2016.] (4) th…
AS 11.46.150 Theft in the fourth degree.
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(a) A person commits the crime of theft in the fourth degree if the person commits theft as defined in AS 11.46.100 and the value of the property or services is less than $250. (b) Theft in the fourth degree is a class B misdemeanor.
AS 11.46.160 Theft of lost or mislaid property.
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(a) A person commits theft of lost or mislaid property if the person obtains property of another knowing that the property was lost, mislaid, or delivered under a mistake as to the nature or amount of the property or the identity of the recipient and the person fails to take reas…
AS 11.46.180 Theft by deception.
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(a) A person commits theft by deception if, with intent to deprive another of property or to appropriate property of another to oneself or a third person, the person obtains the property of another by deception. (b) In a prosecution based on theft by deception, if the state seeks…
AS 11.46.190 Theft by receiving.
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(a) A person commits theft by receiving if the person buys, receives, retains, conceals, or disposes of stolen property with reckless disregard that the property was stolen. (b) As used in this section, “receives” includes acquiring possession, control, or title, or lending on th…
AS 11.46.200 Theft of services.
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(a) A person commits theft of services if (1) the person obtains services, known by that person to be available only for compensation, by deception, force, threat, or other means to avoid payment for the services; (2) having control over the disposition of services of others to w…
AS 11.46.210 Theft by failure to make required disposition of funds received or held.
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(a) A person commits theft by failure to make required disposition of funds received or held if the person (1) obtains property from anyone or personal services from an employee upon an agreement or subject to a known legal obligation to make specified payment or other dispositio…
AS 11.46.220 Concealment of merchandise.
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(a) A person commits the crime of concealment of merchandise if without authority the person knowingly conceals on or about the person the merchandise of a commercial establishment, not purchased by the person, while still upon the premises of the commercial establishment, with i…
AS 11.46.230 Reasonable detention as defense.
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(a) In a civil or criminal action upon the complaint of a person who has been detained in or in the immediate vicinity of a commercial establishment for the purpose of investigation or questioning as to the ownership of merchandise, it is a defense that (1) the person was detaine…
AS 11.46.260 Removal of identification marks.
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(a) A person commits the crime of removal of identification marks if, with intent to cause interruption to the ownership of another, the person defaces, erases, or otherwise alters or attempts to deface, erase, or otherwise alter any serial number or identification mark placed or…
AS 11.46.270 Unlawful possession.
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(a) A person commits the crime of unlawful possession if the person possesses a propelled vehicle, bicycle, firearm, movable or immovable construction tool or equipment, appliance, merchandise or other article or its component parts knowing that the serial number or identificatio…
AS 11.46.280 Issuing a bad check.
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(a) A person commits the crime of issuing a bad check if the person issues a check knowing that it will not be honored by the drawee. (b) In a prosecution under this section, it is prima facie evidence that the drawer knew the check would not be honored by the drawee if (1) payme…
AS 11.46.285 Fraudulent use of an access device or identification document.
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(a) A person commits the crime of fraudulent use of an access device or identification document if, with intent to defraud, the person uses an access device or identification document to obtain property or services with knowledge that (1) the access device or identification docum…
AS 11.46.290 Obtaining an access device or identification document by fraudulent means.
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(a) A person commits the crime of obtaining an access device or identification document by fraudulent means if (1) the person buys an access device or identification document from a person other than the issuer or, as other than the issuer, the person sells an access device or id…
AS 11.46.295 Prior convictions.
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Article 2. Burglary and Criminal Trespass. For purposes of considering prior convictions in prosecuting a crime of theft under AS 11.46.130(a)(6) or 11.46.140(a)(4) or in prosecuting the crime of concealment of merchandise under AS 11.46.220(c), (1) a conviction for an offense un…
AS 11.46.300 Burglary in the first degree.
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(a) A person commits the crime of burglary in the first degree if the person violates AS 11.46.310 and (1) the building is a dwelling; or (2) in effecting entry or while in the building or immediate flight from the building, the person (A) is armed with a firearm; (B) causes or a…
AS 11.46.310 Burglary in the second degree.
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(a) A person commits the crime of burglary in the second degree if the person enters or remains unlawfully in a building with intent to commit a crime in the building. (b) Burglary in the second degree is a class C felony.
AS 11.46.315 Possession of burglary tools.
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(a) A person commits the crime of possession of burglary tools if the person possesses a burglary tool with intent to use or permit use of the tool in the commission of (1) burglary in any degree; (2) a crime referred to in AS 11.46.130(a)(3); or (3) theft of services. (b) As use…
AS 11.46.320 Criminal trespass in the first degree.
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(a) A person commits the crime of criminal trespass in the first degree if the person enters or remains unlawfully (1) on land with intent to commit a crime on the land; or (2) in a dwelling. (b) Criminal trespass in the first degree is a class A misdemeanor.
AS 11.46.330 Criminal trespass in the second degree.
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(a) A person commits the crime of criminal trespass in the second degree if the person enters or remains unlawfully (1) in or upon premises; or (2) in a propelled vehicle. (b) Criminal trespass in the second degree is a class B misdemeanor.
AS 11.46.340 Defense: emergency use of premises.
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In a prosecution under AS 11.46.300, 11.46.310, 11.46.320, or 11.46.330(a)(1), it is an affirmative defense that (1) the entry, use, or occupancy of premises or use of personal property on the premises is for an emergency in the case of immediate and dire need; and (2) as soon as…
AS 11.46.350 Definition; privilege to enter or remain on unimproved land.
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Article 3. Vehicle Theft. (a) As used in AS 11.46.300 — 11.46.350, unless the context requires otherwise, “enter or remain unlawfully” means to (1) enter or remain in or upon premises or in a propelled vehicle when the premises or propelled vehicle, at the time of the entry or re…
AS 11.46.360 Vehicle theft in the first degree.
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(a) A person commits the crime of vehicle theft in the first degree if, having no right to do so or any reasonable ground to believe the person has such a right, the person drives, tows away, or takes (1) the car, truck, motorcycle, motor home, bus, aircraft, or watercraft of ano…
AS 11.46.365 Vehicle theft in the second degree.
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(a) A person commits the crime of vehicle theft in the second degree if, having no right to do so or a reasonable ground to believe the person has such a right, (1) the person drives, tows away, or takes the propelled vehicle of another, other than a vehicle described in AS 11.46…
AS 11.46.370 Possession of motor vehicle theft tools.
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Article 4. Arson, Criminal Mischief, and Related Offenses. (a) A person commits the crime of possession of motor vehicle theft tools if the person possesses a motor vehicle theft tool with intent to use or permit use of the tool in the commission of theft of a vehicle or contents…
AS 11.46.400 Arson in the first degree.
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(a) A person commits the crime of arson in the first degree if the person intentionally damages any property by starting a fire or causing an explosion and by that act recklessly places another person in danger of serious physical injury. For purposes of this section, “another pe…
AS 11.46.410 Arson in the second degree.
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(a) A person commits the crime of arson in the second degree if the person knowingly damages a building by starting a fire or causing an explosion. (b) In a prosecution under this section, it is an affirmative defense (1) that no person other than the defendant had a possessory, …
AS 11.46.420 Arson in the third degree.
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(a) A person commits the crime of arson in the third degree if the person intentionally damages a motor vehicle (1) by starting a fire or causing an explosion while that vehicle is located on public land; or (2) that is the property of another person by starting a fire or causing…
AS 11.46.427 Criminally negligent burning in the first degree.
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(a) A person commits the crime of criminally negligent burning in the first degree if the person (1) violates AS 11.46.430; and (2) within the preceding 10 years, has been convicted on two separate occasions of violating (A) AS 11.46.400 — 11.46.430; (B) misdemeanor crimes under …
AS 11.46.430 Criminally negligent burning in the second degree.
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(a) A person commits the crime of criminally negligent burning in the second degree if with criminal negligence the person damages property of another by fire or explosion. (b) Criminally negligent burning in the second degree is a class A misdemeanor.
AS 11.46.450 Failure to control or report a dangerous fire.
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(a) A person commits the crime of failure to control or report a dangerous fire if the person knows that a fire is endangering life or a substantial amount of property of another and fails to take reasonable measures to put out or control the fire, when the person can do so witho…
AS 11.46.460 Disregard of a highway obstruction.
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(a) A person commits the offense of disregard of a highway obstruction if, without the right to do so or a reasonable ground to believe the person has the right, the person (1) drives a vehicle through, over, or around an obstruction erected on a highway under authority of AS 19.…
AS 11.46.462 Unlawful possession of official traffic control device.
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(a) A person commits the offense of unlawful possession of an official traffic control device if, without the right to do so or a reasonable ground to believe the person has the right, the person possesses an official traffic control device. (b) Unlawful possession of an official…
AS 11.46.475 Criminal mischief in the first degree.
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(a) A person commits the crime of criminal mischief in the first degree if, having no right to do so or any reasonable ground to believe the person has such a right, (1) the person intentionally damages an oil or gas pipeline or supporting facility; (2) with intent to cause a sub…
AS 11.46.480 Criminal mischief in the second degree.
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(a) A person commits the crime of criminal mischief in the second degree if, having no right to do so or any reasonable ground to believe the person has such a right, (1) the person tampers with an oil or gas pipeline or supporting facility or an airplane or helicopter, with reck…
AS 11.46.482 Criminal mischief in the third degree.
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(a) A person commits the crime of criminal mischief in the third degree if, having no right to do so or any reasonable ground to believe the person has such a right, (1) with intent to damage property of another, the person damages property of another in an amount of $750 or more…
AS 11.46.484 Criminal mischief in the fourth degree.
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(a) A person commits the crime of criminal mischief in the fourth degree if, having no right to do so or any reasonable ground to believe the person has such a right, (1) with intent to damage property of another, the person damages property of another in an amount of $250 or mor…
AS 11.46.486 Criminal mischief in the fifth degree.
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(a) A person commits the crime of criminal mischief in the fifth degree if, having no right to do so or any reasonable ground to believe the person has such a right, (1) with reckless disregard for the risk of harm to or loss of the property or with intent to cause substantial in…
AS 11.46.487 Forfeiture of property upon conviction.
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Firearms and other personal property, except a motor vehicle, used in aid of a violation of AS 11.46.460, 11.46.462, or 11.46.484(a)(5) may be forfeited to the state upon conviction of the offender for the crime.
AS 11.46.488 Littering. [Repealed, § 3 ch 149 SLA 1980. For current law, see AS 46.06.080.]
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[Repealed or reserved.]
AS 11.46.489 Community work upon conviction.
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A person convicted under AS 11.46.475 — 11.46.486 of an offense involving damage to public or private property shall be required to perform at least 25 hours of community work under AS 12.55.055.
AS 11.46.490 Definitions. [Renumbered as AS 11.46.495.]
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[Repealed or reserved.]
AS 11.46.495 Definitions.
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Article 5. Forgery and Related Offenses. In AS 11.46.400 — 11.46.495, unless the context requires otherwise, (1) “highway” has the meaning given in AS 19.59.001; (2) “motor vehicle” has the meaning given in AS 28.90.990; (3) “official traffic control device” means a traffic contr…
AS 11.46.500 Forgery in the first degree.
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(a) A person commits the crime of forgery in the first degree if the person violates AS 11.46.510 and the written instrument is or purports to be (1) part of an issue of money, securities, postage, revenue stamps, or other valuable instruments issued by a government or government…
AS 11.46.505 Forgery in the second degree.
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(a) A person commits the crime of forgery in the second degree if the person violates AS 11.46.510 and the instrument is or purports to be (1) a deed, will, codicil, contract, assignment, negotiable or other commercial instrument, or other document which does or may evidence, cre…
AS 11.46.510 Forgery in the third degree.
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(a) A person commits the crime of forgery in the third degree if, with intent to defraud, the person (1) falsely makes, completes, or alters a written instrument; (2) knowingly possesses a forged instrument; or (3) knowingly utters a forged instrument. (b) Forgery in the third de…