Section 11.46.560. Offering a false instrument for recording in the second degree.

   (a) A person commits the crime of offering a false instrument for recording in the second degree if
        (1) under AS 40.17, the person presents a lien to the recorder for registration, filing, or recording with reckless disregard that the lien is not
             (A) provided for by a specific state or federal statute; or
             (B) a lien imposed or authorized by a court recognized under state or federal law;
        (2) under a law authorizing the receipt and filing of a document, the person presents a lien to a department or person having responsibility to accept a lien for filing with reckless disregard that the lien is not
             (A) provided for by a specific state or federal statute; or
             (B) a lien imposed or authorized by a court recognized under state or federal law; or
        (3) the person presents to the recorder a notice of the pendency of an action affecting title to real property or the right to possession of real property with reckless disregard of the fact that the action specified does not concern the title to or right to possession of the real property referred to in the notice, or with reckless disregard of the fact that there is no pending action concerning the title to or right to possession of the real property referred to in the notice.
   (b) In a prosecution under (a) of this section, it is an affirmative defense that the owner of the property affected has consented in writing to the lien or the filing of the notice.
   (c) In this section,
        (1) "lien" means an encumbrance on property as security for the payment of a debt;
        (2) "recorder" means the commissioner of the Department of Natural Resources or the person designated by the commissioner of natural resources to perform the duties set out in AS 40.17.
   (d) Offering a false instrument for recording in the second degree is a class A misdemeanor.

Notes

History

(Sec. 4 ch 20 SLA 1998; am Sec. 1, 2 ch 27 SLA 2005)