reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 41. Offenses Against the Person › Article 4. Sexual Offenses. › Sec. 11.41.440. Sexual abuse of a minor in the fourth degree.

(a) An offender commits the crime of sexual abuse of a minor in the fourth degree if
(1) being under 16 years of age, the offender engages in sexual contact with a person who is under 13 years of age and at least three years younger than the offender; or
(2) being 18 years of age or older, the offender engages in sexual contact with a person who is 16 or 17 years of age and at least three years younger than the offender, and the offender occupies a position of authority in relation to the victim.
(b) Sexual abuse of a minor in the fourth degree is a class A misdemeanor.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 41. Offenses Against the Person › Article 4. Sexual Offenses. › Sec. 11.41.445. General provisions.

(a) In a prosecution under AS 11.41.434 - 11.41.440 it is an affirmative defense that, at the time of the alleged offense, the victim was the legal spouse of the defendant unless the offense was committed without the consent of the victim.
(b) In a prosecution under AS 11.41.410 - 11.41.440, whenever a provision of law defining an offense depends upon a victim's being under a certain age, it is an affirmative defense that, at the time of the alleged offense, the defendant
(1) reasonably believed the victim to be that age or older; and
(2) undertook reasonable measures to verify that the victim was that age or older.
(c) In a prosecution under AS 11.41.410 - 11.41.427, where consent is at issue,
(1) an expression of lack of consent through words or conduct means there is no consent; an expression of lack of consent under this paragraph does not require verbal or physical resistance and may include inaction;
(2) a current or previous dating, social, or sexual relationship between the defendant and the person involved with the defendant in the conduct at issue may not by itself constitute consent;
(3) a person cannot consent if the person is fraudulently made to believe that the sexual act serves a professional purpose; in this paragraph, “professional purpose” means an act the defendant has represented as a necessary part or component of a provided service, part of the routine course of a procedure, or a component of the defendant's profession that would occur if a person sought services from another practitioner in the same field as the defendant.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 41. Offenses Against the Person › Article 4. Sexual Offenses. › Sec. 11.41.450. Incest.

(a) A person commits the crime of incest if, being 18 years of age or older, that person engages in sexual penetration with another who is related, either legitimately or illegitimately, as
(1) an ancestor or descendant of the whole or half blood;
(2) a brother or sister of the whole or half blood; or
(3) an uncle, aunt, nephew, or niece by blood.
(b) Incest is a class C felony.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 41. Offenses Against the Person › Article 4. Sexual Offenses. › Sec. 11.41.452. Enticement of a minor.

(a) A person commits the crime of enticement of a minor if the person, being 18 years of age or older, knowingly communicates with another person to entice, solicit, or encourage the person to engage in an act described in AS 11.41.455(a)(1) - (7) and
(1) the other person is a child under 16 years of age; or
(2) the person believes that the other person is a child under 16 years of age.
(b) In a prosecution under (a)(2) of this section, it is not a defense that the person enticed, solicited, or encouraged was not actually a child under 16 years of age.
(c) In a prosecution under this section, it is not necessary for the prosecution to show that the act described in AS 11.41.455(a)(1) - (7) was actually committed.
(d) Except as provided in (e) of this section, enticement of a minor is a class B felony.
(e) Enticement of a minor is a class A felony if the defendant was, at the time of the offense, required to register as a sex offender or child kidnapper under AS 12.63 or a similar law of another jurisdiction.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 41. Offenses Against the Person › Article 4. Sexual Offenses. › Sec. 11.41.455. Unlawful exploitation of a minor.

(a) A person commits the crime of unlawful exploitation of a minor if, in the state and with the intent of producing a live performance, film, audio, video, electronic, or electromagnetic recording, photograph, negative, slide, book, newspaper, magazine, or other material that visually or aurally depicts the conduct listed in (1) - (7) of this subsection, the person knowingly induces or employs a child under 18 years of age to engage in, or photographs, films, records, or televises a child under 18 years of age engaged in, the following actual or simulated conduct:
(1) sexual penetration;
(2) the lewd touching of another person's genitals, anus, or breast;
(3) the lewd touching by another person of the child's genitals, anus, or breast;
(4) masturbation;
(5) bestiality;
(6) the lewd exhibition of the child's genitals; or
(7) sexual masochism or sadism.
(b) A parent, legal guardian, or person having custody or control of a child under 18 years of age commits the crime of unlawful exploitation of a minor if, in the state, the person permits the child to engage in conduct described in (a) of this section knowing that the conduct is intended to be used in producing a live performance, film, audio, video, electronic, or electromagnetic recording, photograph, negative, slide, book, newspaper, magazine, or other material that visually or aurally depicts the conduct.
(c) Unlawful exploitation of a minor is
(1) a class A felony; or
(2) an unclassified felony if the
(A) person has been previously convicted of unlawful exploitation of a minor in this jurisdiction or a similar crime in this or another jurisdiction; or
(B) minor who is exploited is under 13 years of age at the time the exploitation occurs.
(d) In this section, “audio recording” means a nonbook prerecorded item without a visual component, and includes a record, tape, cassette, and compact disc.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 41. Offenses Against the Person › Article 4. Sexual Offenses. › Sec. 11.41.458. Indecent exposure in the first degree.

(a) An offender commits the crime of indecent exposure in the first degree if the offender violates AS 11.41.460(a) and
(1) while committing the act constituting the offense, the offender knowingly masturbates; or
(2) the offender has been previously convicted under
(A) this section;
(B) AS 11.41.460(a); or
(C) a law or ordinance of this or another jurisdiction with elements similar to a crime listed under (A) or (B) of this paragraph.
(b) Indecent exposure in the first degree
(1) is a class C felony; or
(2) is a class B felony if the offense occurs within the observation of a person under 16 years of age.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 41. Offenses Against the Person › Article 4. Sexual Offenses. › Sec. 11.41.460. Indecent exposure in the second degree.

(a) An offender commits the crime of indecent exposure in the second degree if the offender knowingly exposes the offender's genitals in the presence of another person with reckless disregard for the offensive, insulting, or frightening effect the act may have.
(b) Indecent exposure in the second degree before a person under 16 years of age is a class A misdemeanor. Indecent exposure in the second degree before a person 16 years of age or older is a class B misdemeanor.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 41. Offenses Against the Person › Article 4. Sexual Offenses. › Sec. 11.41.468. Forfeiture of property used in sexual offense.

(a) Property used to aid a violation of AS 11.41.410 - 11.41.458 or to aid the solicitation of, attempt to commit, or conspiracy to commit a violation of AS 11.41.410 - 11.41.458 may be forfeited to the state upon the conviction of the offender.
(b) In this section, “property” means computer equipment, telecommunications equipment, photography equipment, video or audio equipment, books, magazines, photographs, videotapes, audiotapes, and any equipment or device, regardless of format or technology employed, that can be used to store, create, modify, receive, transmit, or distribute digital or analog information, including images, motion pictures, and sounds.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 41. Offenses Against the Person › Article 4. Sexual Offenses. › Sec. 11.41.470. Definitions.

For purposes of AS 11.41.410 - 11.41.470, unless the context requires otherwise,
(1) “health care worker” includes a person who is or purports to be an acupuncturist, advanced practice registered nurse, anesthesiologist, certified direct-entry midwife, chiropractor, dentist, health aide, hypnotist, massage therapist, mental health counselor, midwife, nurse, occupational therapist, occupational therapy assistant, osteopath, naturopath, physical therapist, physical therapist assistant, physician, physician assistant, psychiatrist, psychological associate, psychologist, radiologist, religious healing practitioner, surgeon, x-ray technician, or a substantially similar position;
(2) “incapacitated” means temporarily incapable of appraising the nature of one's own conduct or physically unable to express unwillingness to act;
(3) “juvenile facility staff” has the meaning given in AS 11.41.425(b);
(4) “legal guardian” means a person who is under a duty to exercise general supervision over a minor or other person committed to the custody of the Department of Family and Community Services under AS 47.10 or AS 47.12 as a result of a court order, statute, or regulation, and includes Department of Family and Community Services employees, foster parents, and staff members and other employees of treatment institutions, group homes, or youth facilities where the minor or other person is placed as a result of a court order or the action of the Department of Family and Community Services, and police officers, juvenile and adult probation officers, and social workers when those persons are exercising custodial control over a minor or other person;
(5) “mentally incapable” means suffering from a mental disease or defect that renders the person incapable of understanding the nature or consequences of the person's conduct, including the potential for harm to that person;
(6) “position of authority” means one of the following, or a person in a substantially similar position: an employer, youth leader, scout leader, coach, teacher, counselor, school administrator, religious leader, doctor, nurse, psychologist, guardian ad litem, babysitter, police officer, correctional employee, juvenile facility staff, staff member of a treatment institution, or juvenile or adult probation officer other than when the officer or staff member is exercising custodial control over a minor;
(7) “sexual act” means sexual penetration or sexual contact;
(8) “treatment institution” has the meaning given in AS 47.14.990;
(9) “victim” means the person alleged to have been subjected to sexual assault in any degree or sexual abuse of a minor in any degree;
(10) “without consent” means that, under the totality of the circumstances surrounding the offense, there was not a freely given, reversible agreement specific to the conduct at issue; in this paragraph, “freely given” means agreement to cooperate in the act was positively expressed by word or action.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 41. Offenses Against the Person › Article 5. Robbery, Extortion, and Coercion. › Sec. 11.41.500. Robbery in the first degree.

(a) A person commits the crime of robbery in the first degree if the person violates AS 11.41.510 and, in the course of violating that section or in immediate flight thereafter, that person or another participant
(1) is armed with a deadly weapon or represents by words or other conduct that either that person or another participant is so armed;
(2) uses or attempts to use a dangerous instrument or a defensive weapon or represents by words or other conduct that either that person or another participant is armed with a dangerous instrument or a defensive weapon; or
(3) causes or attempts to cause serious physical injury to any person.
(b) Robbery in the first degree is a class A felony.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 41. Offenses Against the Person › Article 5. Robbery, Extortion, and Coercion. › Sec. 11.41.510. Robbery in the second degree.

(a) A person commits the crime of robbery in the second degree if, in the course of taking or attempting to take property from the immediate presence and control of another, the person uses or threatens the immediate use of force upon any person with intent to
(1) prevent or overcome resistance to the taking of the property or the retention of the property after taking; or
(2) compel any person to deliver the property or engage in other conduct which might aid in the taking of the property.
(b) Robbery in the second degree is a class B felony.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 41. Offenses Against the Person › Article 5. Robbery, Extortion, and Coercion. › Sec. 11.41.520. Extortion.

(a) A person commits the crime of extortion if the person obtains the property of another by threatening or suggesting that either that person or another may
(1) inflict physical injury on anyone, except under circumstances constituting robbery in any degree, or commit any other crime;
(2) accuse anyone of a crime;
(3) expose confidential information or a secret, whether true or false, tending to subject a person to hatred, contempt, or ridicule or to impair the person's credit or business repute;
(4) take or withhold action as a public servant or cause a public servant to take or withhold action;
(5) bring about or continue a strike, boycott, or other collective unofficial action, if the property is not demanded or received for the benefit of the group in whose interest the person making the threat or suggestion purports to act;
(6) testify or provide information or withhold testimony or information with respect to a person's legal claim or defense; or
(7) inflict any other harm which would not benefit the person making the threat or suggestion.
(b) A threat or suggestion to perform any of the acts described in (a) of this section includes an offer to protect another from any harmful act when the offeror has no apparent means to provide the protection or when the price asked for rendering the protection service is grossly disproportionate to its cost to the offeror.
(c) It is a defense to a prosecution based on (a)(2), (3), or (4) of this section that the property obtained by threat of accusation, exposure, lawsuit, or other invocation of official action was honestly claimed as restitution or indemnification for harm done in the circumstances to which the accusation, exposure, lawsuit, or other official action relates, or as compensation for property or lawful services.
(d) In this section, “property of another” means property in which a person has an interest that the defendant is not privileged to infringe, whether or not the defendant also has an interest in the property and whether or not the person from whom the property was obtained or withheld also obtained the property unlawfully. “Property of another” does not include property in the possession of the defendant in which another has only a security interest, even if legal title is in the secured party under a conditional sales contract or other security agreement; in the absence of a specific agreement to the contrary, the holder of a security interest in property is not privileged to infringe the debtor's right of possession without the consent of the debtor.
(e) Extortion is a class B felony.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 41. Offenses Against the Person › Article 5. Robbery, Extortion, and Coercion. › Sec. 11.41.530. Coercion.

(a) A person commits the crime of coercion if, under circumstances not proscribed under AS 11.41.410 - 11.41.427, the person compels another to engage in conduct from which there is a legal right to abstain or abstain from conduct in which there is a legal right to engage, by means of instilling in the person who is compelled a fear that, if the demand is not complied with, the person who makes the demand or another may
(1) inflict physical injury on anyone, except under circumstances constituting robbery in any degree, or commit any other crime;
(2) accuse anyone of a crime;
(3) expose confidential information or a secret, whether true or false, tending to subject a person to hatred, contempt, or ridicule or to impair the person's credit or business repute;
(4) take or withhold action as a public servant or cause a public servant to take or withhold action;
(5) bring about or continue a strike, boycott, or other collective unofficial action, if the property is not demanded or received for the benefit of the group in whose interest the person making the threat or suggestion purports to act;
(6) testify or provide information or withhold testimony or information with respect to a person's legal claim or defense.
(b) It is a defense to a prosecution under (a)(2), (3), or (4) of this section that the defendant reasonably believed that the accusation or exposure was true or that the lawsuit or other invocation of official action was justified and that the defendant's sole intent was to compel or induce the victim to take reasonable action to correct the wrong that is the subject of the accusation, exposure, lawsuit, or invocation of official action or to refrain from committing an offense.
(c) Coercion is a class C felony.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 46. Offenses Against Property › Article 1. Theft and Related Offenses. › Sec. 11.46.100. Theft defined.

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 commits theft by deception under AS 11.46.180;
(4) the person commits theft by receiving under AS 11.46.190;
(5) the person commits theft of services under AS 11.46.200; or
(6) the person commits theft by failure to make required disposition of funds received or held under AS 11.46.210.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 46. Offenses Against Property › Article 1. Theft and Related Offenses. › Sec. 11.46.110. Consolidation of theft offenses: Pleading and proof.

(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 the commission of the crime charged without designating the particular way or manner in which the theft was committed.
(c) Proof that the defendant engaged in conduct constituting theft as defined in AS 11.46.100 is sufficient to support a conviction based upon any indictment, information, or complaint for theft.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 46. Offenses Against Property › Article 1. Theft and Related Offenses. › Sec. 11.46.120. Theft in the first degree.

(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.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 46. Offenses Against Property › Article 1. Theft and Related Offenses. › Sec. 11.46.130. Theft in the second degree.

(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 person of another;
(4) the property is taken from a vessel and is vessel safety or survival equipment;
(5) the property is taken from an aircraft and the property is aircraft safety or survival equipment;
(6) the value of the property is $250 or more but less than $750 and, within the preceding five years, the person has been convicted and sentenced on two or more separate occasions in this or another jurisdiction of
(A) an offense under AS 11.46.120, or an offense under another law or ordinance with similar elements;
(B) a crime set out in this subsection or an offense under another law or ordinance with similar elements;
(C) an offense under AS 11.46.140(a)(1), or an offense under another law or ordinance with similar elements; or
(D) an offense under AS 11.46.220(c)(1) or (c)(2)(A), or an offense under another law or ordinance with similar elements; or
(7) the property is an access device or identification document.
(b) In this section,
(1) “aircraft” means a contrivance used or designed for navigation of flight in air;
(2) “aircraft safety or survival equipment” means equipment required to be carried on an aircraft under AS 02.35.110;
(3) “vessel” means every description of watercraft, other than a seaplane on water, used or capable of being used as a means of transportation on water;
(4) “vessel safety or survival equipment” means personal flotation devices; immersion suits; personal flotation device lights; survival craft; equipment necessary for the proper operation of survival craft; emergency position indicating radio beacons; fire extinguishers and supporting equipment; firefighters' outfits; and self contained breathing apparatuses; in this paragraph, “survival craft” means a device designed to enable a person to survive the loss of a vessel, and includes buoyant apparatuses, inflatable buoyant apparatuses, life floats, inflatable life rafts, and auxiliary craft, including skiffs, usable as survival craft.
(c) Theft in the second degree is a class C felony.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 46. Offenses Against Property › Article 1. Theft and Related Offenses. › Sec. 11.46.140. Theft in the third degree.

(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) the value of the property is less than $250 and, within the preceding five years, the person has been convicted and sentenced on three or more separate occasions in this or another jurisdiction of theft or concealment of merchandise, or an offense under another law or ordinance with similar elements.
(b) Theft in the third degree is a class A misdemeanor.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 46. Offenses Against Property › Article 1. Theft and Related Offenses. › Sec. 11.46.150. Theft in the fourth degree.

(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.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 46. Offenses Against Property › Article 1. Theft and Related Offenses. › Sec. 11.46.160. Theft of lost or mislaid property.

(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 reasonable measures to restore the property to the owner with intent to deprive the owner of the property.
(b) As used in this section “reasonable measures” includes notifying the identified owner or a peace officer.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 46. Offenses Against Property › Article 1. Theft and Related Offenses. › Sec. 11.46.180. Theft by deception.

(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 to prove that the defendant used deception by promising performance which the defendant did not intend to perform or knew would not be performed, that intent or knowledge may not be established solely by or inferred solely from the fact that the promise was not performed.
(c) As used in this section, “deception” has the meaning ascribed to it in AS 11.81.900 but does not include falsity as to matters having no pecuniary significance or “puffing” by statements unlikely to deceive reasonable persons in the group addressed.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 46. Offenses Against Property › Article 1. Theft and Related Offenses. › Sec. 11.46.190. Theft by receiving.

(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 the security of the property.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 46. Offenses Against Property › Article 1. Theft and Related Offenses. › Sec. 11.46.200. Theft of services.

(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 which the person is not entitled, the person knowingly diverts those services to the person's own benefit or to the benefit of another not entitled to them; or
(3) the person obtains the use of computer time, a computer system, a computer program, a computer network, or any part of a computer system or network, with reckless disregard that the use by that person is unauthorized.
(b) Absconding without paying for hotel, restaurant, or other services for which compensation is customarily paid immediately upon the receiving of them is prima facie evidence that the services were obtained by deception.
(c) A person may not be prosecuted under this section for theft of cable, microwave, subscription, or pay television or other telecommunications service if the service was obtained through the use of a device designed and used to intercept electromagnetic signals directly from a satellite, including a device commonly referred to as a home earth station.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 46. Offenses Against Property › Article 1. Theft and Related Offenses. › Sec. 11.46.210. Theft by failure to make required disposition of funds received or held.

(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 disposition to a third person, whether from that property or its proceeds or from the person's own property to be reserved in equivalent amount; and
(2) exercises control over the property or services as the person's own and fails to make the required payment or disposition.
(b) It is not a defense to a prosecution based on theft by failure to make required disposition of funds received or held that it may be impossible to identify particular property as belonging to the victim at the time of the defendant's failure to make the required payment or disposition.
(c) In a prosecution based on theft by failure to make required disposition of funds received or held, the fact that the defendant was a fiduciary or an officer or employee of a government or a financial institution is prima facie evidence
(1) that the defendant exercised control over property or services as the defendant's own if the defendant failed to pay or account upon lawful demand or if an audit reveals a shortage or falsification of accounts; and
(2) that the defendant knew any legal obligation relevant under (a)(1) of this section.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 46. Offenses Against Property › Article 1. Theft and Related Offenses. › Sec. 11.46.220. Concealment of merchandise.

(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 intent to deprive the owner of the merchandise or with intent to appropriate the merchandise.
(b) Merchandise found concealed upon or about the person which has not been purchased by the person is prima facie evidence of a knowing concealment.
(c) Concealment of merchandise is
(1) a class C felony if
(A) the merchandise is a firearm;
(B) the value of the merchandise is $750 or more; or
(C) the value of the merchandise is $250 or more but less than $750 and, within the preceding five years, the person has been convicted and sentenced on two or more separate occasions in this or another jurisdiction of
(i) the offense of concealment of merchandise under this paragraph or (2)(A) of this subsection, or an offense under another law or ordinance with similar elements; or
(ii) an offense under AS 11.46.120, 11.46.130, or 11.46.140(a)(1), or an offense under another law or ordinance with similar elements;
(2) a class A misdemeanor if
(A) the value of the merchandise is $250 or more but less than $750; or
(B) [Repealed, § 179 ch 36 SLA 2016.]
(C) the value of the merchandise is less than $250 and, within the preceding five years, the person has been convicted and sentenced on three or more separate occasions of the offense of concealment of merchandise or theft in any degree, or an offense under another law or ordinance with similar elements;
(3) a class B misdemeanor if the value of the merchandise is less than $250.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 46. Offenses Against Property › Article 1. Theft and Related Offenses. › Sec. 11.46.230. Reasonable detention as defense.

(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 detained in a reasonable manner and for not more than a reasonable time to permit investigation or questioning by a peace officer or by the owner of the commercial establishment or the owner's agent; and
(2) the peace officer, owner, or owner's agent had probable cause to believe that the person detained was committing or attempting to commit concealment of merchandise or theft from the commercial establishment.
(b) As used in this section, “reasonable time” means the time necessary to permit the person detained to make a statement or refuse to make a statement, and any additional time necessary to examine employees and records of the commercial establishment relative to the ownership of the merchandise.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 46. Offenses Against Property › Article 1. Theft and Related Offenses. › Sec. 11.46.260. Removal of identification marks.

(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 inscribed on a propelled vehicle, bicycle, firearm, movable or immovable construction tool or equipment, appliance, merchandise, or other article or its component parts.
(b) Removal of identification marks is
(1) a class C felony if the value of the property on which the serial number or identification mark appeared is $750 or more;
(2) a class A misdemeanor if the value of the property on which the serial number or identification mark appeared is $250 or more but less than $750;
(3) a class B misdemeanor if the value of the property on which the serial number or identification mark appeared is less than $250.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 46. Offenses Against Property › Article 1. Theft and Related Offenses. › Sec. 11.46.270. Unlawful possession.

(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 identification mark placed on it by the manufacturer or owner for the purpose of identification has been defaced, erased, or otherwise altered with the intent of causing interruption to the ownership of another.
(b) Unlawful possession is
(1) a class C felony if the value of the property on which the serial number or identification mark appeared is $750 or more;
(2) a class A misdemeanor if the value of the property on which the serial number or identification mark appeared is $250 or more but less than $750;
(3) a class B misdemeanor if the value of the property on which the serial number or identification mark appeared is less than $250.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 46. Offenses Against Property › Article 1. Theft and Related Offenses. › Sec. 11.46.280. Issuing a bad check.

(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) payment of the check was refused by the drawee for lack of funds upon presentation within 30 days after issue, and the drawer failed to make full satisfaction of the amount due within 15 days after notice of dishonor was deposited as first class mail, addressed to the drawer at the address appearing on the dishonored check or the drawer's last known address; or
(2) the drawer had no account with the drawee at the time the check was issued.
(c) In this section,
(1) “amount due” means the face amount of the dishonored check plus all costs and protest fees assessed by the drawee;
(2) “check” means a draft, check, or similar sight order for the payment of money, but does not include a postdated check or a promissory note;
(3) a person “issues” a check when as a drawer the person delivers it or causes it to be delivered to a person who thereby acquires a right against the drawer with respect to the check; a person who draws a check with the intent that it be so delivered is considered to have issued it if the delivery occurs.
(d) Issuing a bad check is
(1) a class B felony if the face amount of the check is $25,000 or more;
(2) a class C felony if the face amount of the check is $750 or more but less than $25,000;
(3) a class A misdemeanor if the face amount of the check is $250 or more but less than $750;
(4) a class B misdemeanor if the face amount of the check is less than $250.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 46. Offenses Against Property › Article 1. Theft and Related Offenses. › Sec. 11.46.285. Fraudulent use of an access device or identification document.

(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 document is stolen or forged;
(2) the access device or identification document is expired or has been revoked or cancelled; or
(3) for any other reason, that person's use of the access device or identification document is unauthorized by either the issuer or the person to whom the access device or identification document is issued.
(b) Fraudulent use of an access device or identification document is
(1) a class B felony if the value of the property or services obtained is $25,000 or more;
(2) a class C felony if the value of the property or services obtained is $75 or more but less than $25,000;
(3) a class A misdemeanor if the value of the property or services obtained is less than $75.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 46. Offenses Against Property › Article 1. Theft and Related Offenses. › Sec. 11.46.290. Obtaining an access device or identification document by fraudulent means.

(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 identification document;
(2) with intent to defraud, the person obtains an access device or identification document; or
(3) with intent to defraud, the person makes a false statement in an application for an access device or identification document.
(b) Obtaining an access device or identification document by fraudulent means is a class C felony.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 46. Offenses Against Property › Article 1. Theft and Related Offenses. › Sec. 11.46.295. Prior convictions.

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 under another law or ordinance with similar elements is a conviction of an offense having elements similar to those of an offense defined as such under Alaska law at the time the offense was committed;
(2) a conviction for an offense under Alaska law where the value of the property or services for the offense was lower than the value of property or services for the offense under current Alaska law is a prior conviction for that offense; and
(3) the court shall consider the date of a prior conviction as occurring on the date that sentence is imposed for the prior offense.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 46. Offenses Against Property › Article 2. Burglary and Criminal Trespass. › Sec. 11.46.300. Burglary in the first degree.

(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 attempts to cause physical injury to a person; or
(C) uses or threatens to use a dangerous instrument.
(b) Burglary in the first degree is a class B felony.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 46. Offenses Against Property › Article 2. Burglary and Criminal Trespass. › Sec. 11.46.310. Burglary in the second degree.

(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.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 46. Offenses Against Property › Article 2. Burglary and Criminal Trespass. › Sec. 11.46.315. Possession of burglary tools.

(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 used in this section, “burglary tools” means
(1) nitroglycerine, dynamite, or any other tool, instrument, or device adapted or designed for use in committing a crime referred to in (a)(1)-(3) of this section; or
(2) any acetylene torch, electric arc, burning bar, thermal lance, oxygen lance, or other similar device capable of burning through steel, concrete, or other solid material.
(c) Possession of burglary tools is a class A misdemeanor.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 46. Offenses Against Property › Article 2. Burglary and Criminal Trespass. › Sec. 11.46.320. Criminal trespass in the first degree.

(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.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 46. Offenses Against Property › Article 2. Burglary and Criminal Trespass. › Sec. 11.46.330. Criminal trespass in the second degree.

(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.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 46. Offenses Against Property › Article 2. Burglary and Criminal Trespass. › Sec. 11.46.340. Defense: emergency use of premises.

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 reasonably practical after the entry, use, or occupancy, the person contacts the owner of the premises, the owner's agent or, if the owner is unknown, the nearest state or local police agency, and makes a report of the time of the entry, use, or occupancy and any damage to the premises or personal property, unless notice waiving necessity of the report is posted on the premises by the owner or the owner's agent.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 46. Offenses Against Property › Article 2. Burglary and Criminal Trespass. › Sec. 11.46.350. Definition; privilege to enter or remain on unimproved land.

(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 remaining, is not open to the public and when the defendant is not otherwise privileged to do so;
(2) fail to leave premises or a propelled vehicle that is open to the public after being lawfully directed to do so personally by the person in charge; or
(3) enter or remain upon premises or in a propelled vehicle in violation of a provision in an order issued or filed under AS 18.66.100 - 18.66.180 or issued under former AS 25.35.010(b) or 25.35.020.
(b) For purposes of this section, a person who, without intent to commit a crime on the land, enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, is privileged to do so unless
(1) notice against trespass is personally communicated to that person by the owner of the land or some other authorized person; or
(2) notice against trespass is given by posting in a reasonably conspicuous manner under the circumstances.
(c) [Repealed, § 1 ch 48 SLA 2014.]
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 46. Offenses Against Property › Article 3. Vehicle Theft. › Sec. 11.46.360. Vehicle theft in the first degree.

(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 another;
(2) the propelled vehicle of another and
(A) the vehicle or any other property of another is damaged in a total amount of $750 or more;
(B) the owner incurs reasonable expenses as a result of the loss of use of the vehicle, in a total amount of $750 or more; or
(C) the owner is deprived of the use of the vehicle for seven days or more;
(3) the propelled vehicle of another and the vehicle is marked as a police or emergency vehicle; or
(4) the propelled vehicle of another and, within the preceding seven years, the person was convicted under
(A) this section or AS 11.46.365;
(B) former AS 11.46.482(a)(4) or (5);
(C) former AS 11.46.484(a)(2);
(D) AS 11.46.120 - 11.46.140 of an offense involving the theft of a propelled vehicle; or
(E) a law or ordinance of this or another jurisdiction with elements substantially similar to those of an offense described in (A) - (D) of this paragraph.
(b) In this section,
(1) “aircraft” has the meaning given in AS 02.15.260;
(2) “all-terrain vehicle” means a propelled vehicle that has three or more wheels or two or more tracks or treads, is less than 75 inches in width, has a dry weight of 800 pounds or less, is equipped with low pressure tires or rubberized or metal tracks or treads, and is designed primarily for travel over unimproved terrain;
(3) “motorcycle” means a vehicle having a seat or saddle for the use of the rider, designed to travel on not more than three wheels in contact with the ground, and having an engine with more than 50 cubic centimeters of displacement; “motorcycle” does not include a tractor or an “all-terrain vehicle”;
(4) “watercraft” means a propelled vehicle used or capable of being used as a means of transportation, for recreational or commercial purposes, on water; in this paragraph, “watercraft” does not include a shallow draft propelled vehicle not more than 12 feet in length with an inboard motor powering a water jet pump as its primary means of propulsion that is designed to carry not more than two persons who sit, stand, or kneel on the vehicle.
(c) Vehicle theft in the first degree is a class C felony.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 46. Offenses Against Property › Article 3. Vehicle Theft. › Sec. 11.46.365. Vehicle theft in the second degree.

(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 11.46.360(a)(1); or
(2) having custody of a propelled vehicle under a written agreement with the owner of the vehicle that includes an agreement to return the vehicle to the owner at a specified time, the person knowingly retains or withholds possession of the vehicle without the consent of the owner for so long a period beyond the time specified as to render the retention or possession of the vehicle an unreasonable deviation from the agreement.
(b) Vehicle theft in the second degree is a class A misdemeanor.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 46. Offenses Against Property › Article 3. Vehicle Theft. › Sec. 11.46.370. Possession of motor vehicle theft tools.

(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 of a vehicle.
(b) In this section,
(1) “altered or shaved key” means a key altered by cutting, filing, or other means to fit multiple vehicles or vehicles other than vehicles for which the key was originally manufactured;
(2) “motor vehicle theft tool” includes a slim jim, master key, altered or shaved key, trial or jiggler key, lock puller, electronic unlocking device, or similar device adapted or designed for use in committing vehicle theft;
(3) “trial or jiggler key” means a key designed or altered to manipulate a vehicle locking mechanism other than the lock for which the key was originally manufactured.
(c) Possession of motor vehicle theft tools is a class A misdemeanor.