Alaska Theft and Shoplifting Laws

If you're looking for a Alaska online theft or shoplifting class, it's important to know your Alaska theft laws. This can help you understand more about your offense.

Please note that the Alaska theft laws shown on this page are to help you to understand your local Alaska theft, shoplifting and stealing laws. While we have made every attempt to show the latest version of Alaska theft laws, we do not guarantee its accuracy. This page is not a substitute for legal advice from a lawyer. We suggest that you find an appropriate lawyer for more information about Alaska theft laws.

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Alaska Theft defined.

In Alaska, theft is defined as the act of intentionally depriving another person of their property or appropriating someone else's property for oneself or a third party. There are several ways in which theft can occur:

1. Obtaining another person's property with the intention to deprive them of it.
2. Theft of lost or mislaid property.
3. Theft through deception.
4. Theft by receiving stolen property.
5. Theft of services.
6. Failure to make the required disposition of funds received or held.

Each of these instances of conduct can be categorized as theft in the first, second, third, or fourth degree. When charging someone with theft, it is sufficient to allege that the defendant committed theft of property or services without specifying the particular manner in which the theft was carried out. Proof that the defendant engaged in conduct constituting theft as defined in the relevant statute is enough to support a conviction for theft.

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.

Sec. 11.46.120. Theft in the first degree.

In Alaska, theft in the first degree is classified as a class B felony and is committed when a person engages in theft as defined in AS 11.46.100, and the value of the property or services stolen is $25,000 or more. This means that if the stolen property or services exceed a value of $25,000, the offense is considered theft in the first degree, which carries a more severe penalty compared to lower degrees of theft.

Sec. 11.46.130. Theft in the second degree.

In Alaska, theft in the second degree is a class C felony and occurs when a person commits theft as defined in AS 11.46.100 and meets one or more of the following conditions:

1. The value of the stolen property or services is $500 or more but less than $25,000.
2. The property stolen is a firearm or explosive.
3. The property is taken directly from another person.
4. The property taken is vessel safety or survival equipment from a vessel.
5. The property taken is aircraft safety or survival equipment from an aircraft.
6. The value of the property is $50 or more but less than $500, and within the past five years, the person has been convicted and sentenced on two or more separate occasions for certain theft-related offenses or offenses with similar elements.
7. The property stolen is an access device.

In this context, "aircraft" refers to a vehicle used for flight in the air, and "aircraft safety or survival equipment" refers to equipment required to be carried on an aircraft according to AS 02.35.110. "Vessel" refers to any watercraft used for transportation on water, excluding seaplanes. "Vessel safety or survival equipment" includes various safety and emergency devices and gear necessary for the operation of survival craft.

Theft in the second degree carries the classification of a class C felony, which signifies a more serious offense compared to lower degrees of theft.

Sec. 11.46.140. Theft in the third degree.

In Alaska, theft in the third degree is a class A misdemeanor and occurs when a person commits theft as defined in AS 11.46.100 and meets one or more of the following conditions:

1. The value of the stolen property or services is $50 or more but less than $500.
2. The value of the property stolen is less than $50, and within the past five years, the person has been convicted and sentenced on two or more separate occasions for theft or concealment of merchandise, or an offense under another law or ordinance with similar elements.

Theft in the third degree is classified as a class A misdemeanor, indicating a less severe offense compared to higher degrees of theft.

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 $50.

(b) Theft in the fourth degree is a class B misdemeanor.

Theft of lost or mislaid property.

In Alaska, theft of lost or mislaid property occurs when a person obtains property that belongs to someone else, knowing that the property was lost, mislaid, or delivered under a mistake regarding its nature, amount, or intended recipient. To be considered theft, the person must fail to take reasonable measures to return the property to its rightful owner, and instead, intend to deprive the owner of the property.

Under this provision, "reasonable measures" include actions such as notifying the identified owner of the property or contacting a peace officer to report the found property. Failing to take such measures and intending to keep the property for oneself constitutes theft of lost or mislaid property.

Theft by deception.

In Alaska, theft by deception occurs when a person takes someone else's property, intending to keep it for themselves or give it to another person, through the use of tricks or deceit. It is important to note that in order to establish theft by deception, the state cannot solely rely on proving that the defendant failed to fulfill a promise they made to obtain the property. It must be shown that the defendant had the intention or knowledge that they would not fulfill the promise from the beginning.

The term "deception" in this context refers to what is defined in AS 11.81.900. However, it does not include lies or falsehoods about things that hold no monetary value, or instances where the person exaggerates in a manner that wouldn't deceive a reasonable person within the specific group being addressed.

Theft by receiving.

In Alaska, theft by receiving occurs when a person engages in certain actions involving stolen property. Specifically, a person commits theft by receiving if they do any of the following: buy, receive, retain, conceal, or dispose of stolen property, while demonstrating reckless disregard that the property was stolen.

The term "receives" in this context encompasses various actions, including acquiring possession, control, or title to the stolen property, or lending money on the security of the property.

Essentially, theft by receiving involves knowingly dealing with stolen property, either by obtaining it or facilitating its transfer, while displaying a reckless disregard for its stolen status.

Sec. 11.46.200. Theft of services.

In Alaska, theft of services refers to the act of obtaining services, which are known to be available only for compensation, through various means to avoid payment for those services. The following actions constitute theft of services:

1. Obtaining services through deception, force, threats, or other methods to avoid paying for them, despite being aware that payment is required.
2. Knowingly diverting services that belong to others for personal benefit or for the benefit of someone else who is not entitled to them, when the person has control over the disposition of those services.
3. Recklessly obtaining unauthorized use of computer resources such as computer time, computer systems, computer programs, computer networks, or any part thereof.

Additionally, if a person absconds without paying for services such as those provided by a hotel or restaurant, it is considered prima facie evidence (evidence presumed to be true unless proven otherwise) that the services were obtained through deception.

It's worth noting that a person cannot be prosecuted under this section for theft of cable, microwave, subscription, or pay television services, or other telecommunications services if the service was obtained using a device specifically designed and used to intercept electromagnetic signals directly from a satellite. This exception applies to devices commonly known as home earth stations.

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.

Concealment of merchandise.

Concealment of merchandise in Alaska refers to the act of knowingly hiding or keeping merchandise from a commercial establishment without authorization, while still on the premises of that establishment, with the intent to either deprive the owner of the merchandise or to appropriate it for oneself.

If merchandise not purchased by a person is found concealed on or about their person, it is considered prima facie evidence of a knowing concealment.

The severity of the offense depends on various factors:

1. Concealment of merchandise is classified as a class C felony if:

   • The concealed merchandise is a firearm,
   • The value of the merchandise is $500 or more, or
   • The value of the merchandise is $50 or more but less than $500, and within the preceding five years, the person has been convicted and sentenced on two or more separate occasions for offenses related to concealment of merchandise or similar offenses.

2. Concealment of merchandise is classified as a class A misdemeanor if:

   • The value of the merchandise is $50 or more but less than $500, or
   • The value of the merchandise is less than $50, and within the preceding five years, the person has been convicted and sentenced on two or more separate occasions for offenses related to concealment of merchandise, theft in any degree, or similar offenses.

3. Concealment of merchandise is classified as a class B misdemeanor if the value of the merchandise is less than $50.

The classification of the offense determines the severity of the penalties associated with concealment of merchandise in Alaska.

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.

(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.

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 $500 or more;

(2) a class A misdemeanor if the value of the property on which the serial number or identification mark appeared is $50 or more but less than $500;

(3) a class B misdemeanor if the value of the property on which the serial number or identification mark appeared is less than $50.

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 $500 or more;

(2) a class A misdemeanor if the value of the property on which the serial number or identification mark appeared is $50 or more but less than $500;

(3) a class B misdemeanor if the value of the property on which the serial number or identification mark appeared is less than $50.

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 $500 or more but less than $25,000;

(3) a class A misdemeanor if the face amount of the check is $50 or more but less than $500;

(4) a class B misdemeanor if the face amount of the check is less than $50.

Sec. 11.46.285. Fraudulent use of an access device.

(a) A person commits the crime of fraudulent use of an access device if, with intent to defraud, the person uses an access device to obtain property or services with knowledge that

(1) the access device is stolen or forged;

(2) the access device is expired or has been revoked or cancelled; or

(3) for any other reason, that person's use of the access device is unauthorized by either the issuer or the person to whom the access device is issued.

(b) Fraudulent use of an access device 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 $50 or more but less than $25,000;

(3) a class A misdemeanor if the value of the property or services obtained is less than $50.

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.

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)(3), or in prosecuting the crime of concealment of merchandise under AS 11.46.220(c), 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.

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