Section 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, adjusted for inflation as provided in AS 11.46.982, is $1,000 or more; or
             (C) the value of the merchandise, 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
                  (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, adjusted for inflation as provided in AS 11.46.982, is $250 or more but less than $1,000; or
             (B)  [Repealed, sec. 179, ch. 36, SLA 2016]  
        (3) a class B misdemeanor if the value of the merchandise, adjusted for inflation as provided in AS 11.46.982, is less than $250.

Authorities

11.46.130;11.46.295;12.55.135

Notes

Recent Bills that will modify this

SB 91 OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS

References

AS 11.46.130 Theft in the second degree.
AS 11.46.295 Prior convictions.
AS 12.55.135 Sentences of imprisonment for misdemeanors.

History

(Sec. 4 ch 166 SLA 1978; am Sec. 11 ch 102 SLA 1980; am Sec. 4 ch 133 SLA 1988; am Sec. 4 ch 49 SLA 1989; am Sec. 2 ch 67 SLA 2005; am Sec. 7 ch 12 SLA 2006; am Sec. 7 ch 83 SLA 2014; am Sec. 9, 179 ch 36 SLA 2016)