Section 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.

Authorities

11.20.360;11.46.180;11.41.360;11.46.100;23.30.250

Notes

References

AS 11.20.360 - 11.20.510l False Pretenses and Frauds. [Repealed, Sec. 4 ch 184 SLA 1968 and Sec. 21 ch 166 SLA 1978. For theft by deception, see AS 11.46.180; for business and commercial
AS 11.20.360 - 11.20.510l False Pretenses and Frauds. [Repealed, Sec. 4 ch 184 SLA 1968 and Sec. 21 ch 166 SLA 1978. For theft by
AS 11.41.360 Human trafficking in the first degree.
AS 11.46.100 Theft defined.
AS 23.30.250 Penalties for fraudulent or misleading acts; damages in civil actions.

History

(Sec. 4 ch 166 SLA 1978)

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