Section 11.46.480. Criminal mischief in the second degree.

   (a) A person commits the crime of criminal mischief in the second degree if, having no right to do so or any reasonable ground to believe the person has such a right,
        (1) the person tampers with an oil or gas pipeline or supporting facility or an airplane or helicopter, with reckless disregard for the risk of harm to or loss of the property; or
        (2) with intent to cause physical injury to another person, the person
             (A) tampers with food, air, water, or an item that is a drug or cosmetic, or a container for food, air, water, or the item; or
             (B) delivers, dispenses, or distributes food, air, water, or an item described in (A) of this paragraph knowing that a person has tampered with the food, air, water, or item or a container for the food, air, water, or item.
   (b) In (a)(2) of this section,
        (1) "deliver" means the actual, constructive, or attempted transfer from one person to another of food, air, water, or an item;
        (2) "dispense" means to deliver a drug to an ultimate user or research subject by or under the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the drug for that delivery;
        (3) "distribute" means to deliver food, air, water, or an item, whether or not there is any money or other item of value exchanged; it includes sale, gift, or exchange;
        (4) "drug" has the meaning given in AS 11.71.900(9);
        (5)  [Repealed, Sec. 74 ch 35 SLA 2003].  
   (c) Criminal mischief in the second degree is a class B felony.

Authorities

11.20.515;11.46.320;11.20.670;11.46.480

Notes

References

7 AAC 10.905
AS 11.20.515 - 11.20.650l Malicious Mischief and Trespass. [Repealed, Sec. 3 ch 144 SLA 1975 and Sec. 21 ch 166 SLA 1978. For criminal trespass, see AS 11.46.320 - 11.46.350; for criminal mischief,
AS 11.20.670 - 11.20.690l Misuse, Damage, or Destruction. [Repealed, Sec. 21 ch 166 SLA 1978. For criminal mischief, see AS 11.46.480 -
AS 11.20.670 - 11.20.690l Misuse, Damage, or Destruction. [Repealed, Sec.

History

(Sec. 4 ch 166 SLA 1978; am Sec. 1, 2 ch 3 SLA 1984; am Sec. 6 - 8 ch 92 SLA 2002; am Sec. 74 ch 35 SLA 2003)

].