Section 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, adjusted for inflation as provided in AS 11.46.982, is $1,000 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, adjusted for inflation as provided in AS 11.46.982, is $250 or more but less than $1,000 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.
   (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.

Authorities

11.46.295;11.46.315

Notes

Recent Bills that will modify this

SB 91 OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS

References

AS 11.46.295 Prior convictions.
AS 11.46.315 Possession of burglary tools.

History

(Sec. 4 ch 166 SLA 1978; am Sec. 2 ch 133 SLA 1988; am Sec. 2 ch 49 SLA 1989; am Sec. 1, 2 ch 131 SLA 1992; am Sec. 13 ch 56 SLA 2001; am Sec. 1 ch 67 SLA 2005; am Sec. 6 ch 12 SLA 2006; am Sec. 4 ch 83 SLA 2014; am Sec. 6 ch 36 SLA 2016)