Section 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, adjusted for inflation as provided in AS 11.46.982, of $1,000 or more;
             (B) the owner incurs reasonable expenses as a result of the loss of use of the vehicle, in a total amount, adjusted for inflation as provided in AS 11.46.982, of $1,000 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.

Authorities

11.46.365;11.46.486;28.15.181;28.35.010

Notes

Recent Bills that will modify this

SB 91 OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS

References

2 AAC 90.990
AS 11.46.365 Vehicle theft in the second degree.
AS 11.46.486 Criminal mischief in the fifth degree.
AS 28.15.181 Court suspensions, revocations, and limitations.
AS 28.35.010 Driving a vehicle without owner's consent. [Repealed, Sec. 21

History

(Sec. 1 ch 71 SLA 1996; am Sec. 1 - 3 ch 71 SLA 2001; am Sec. 13 ch 83 SLA 2014; am Sec. 15 ch 36 SLA 2016)

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