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- TITLE 11. CRIMINAL LAW
-
- CHAPTER 46. OFFENSES AGAINST PROPERTY
- ARTICLE 1. THEFT AND RELATED OFFENSES
- Alaska Stat. @ 11.46.200
-
- SECTION 11.46.200. Theft of services.
-
- (a) A person commits theft of services if
-
- (1) the person obtains services, known by that person to be
- available only for compensation, by deception, force, threat, or
- other means to avoid payment for the services;
-
- (2) having control over the disposition of services of others to
- which the person is not entitled, the person knowingly diverts
- those services to the person's own benefit or to the benefit of
- another not entitled to them; or
- (3) the person obtains the use of computer time, a computer
- system, a computer program, a computer network, or any part of a
- computer system or network, with reckless disregard that the use by
- that person is unauthorized.
- (b) Absconding without paying for hotel, restaurant, or other
- services for which compensation is customarily paid immediately
- upon the receiving of them is prima facie evidence that the
- services were obtained by deception.
- (c) A person may not be prosecuted under this section for theft
- of cable, microwave, subscription, or pay television or other
- telecommunications service if the service was obtained through the
- use of a device designed and used to intercept electromagnetic
- signals directly from a satellite, including a device commonly
- referred to as a home earth station. (@ 4 ch 166 SLA 1978; am @ 1
- ch 79 SLA 1984; am @ 1 ch 114 SLA 1984)
-
-
- TITLE 11. CRIMINAL LAW
-
- CHAPTER 46. OFFENSES AGAINST PROPERTY
- ARTICLE 3. ARSON, CRIMINAL MISCHIEF, AND RELATED
- OFFENSES
- Alaska Stat. @ 11.46.484
-
- SECTION 11.46.484. Criminal mischief in the third degree.
- (a) A person commits the crime of criminal mischief in the
- third degree if, having no right to do so or any reasonable ground
- to believe the person has such a right
-
- (1) with intent to damage property of another, the person
- damages property of another in an amount of $ 50 or more but less
- than $ 500;
-
- (2) the person drives, tows away, or takes the propelled vehicle
- of another;
- (3) having custody of a propelled vehicle under a written
- agreement with the owner of the vehicle that includes an agreement
- to return the vehicle to the owner at a specified time, the person
- knowingly retains or withholds possession of the vehicle without
- the consent of the owner for so long a period beyond the time
- specified as to render the retention or possession of the vehicle
- an unreasonable deviation from the agreement;
-
- (4) the person tampers with a fire protection device in a
- building that is a public place;
-
- (5) the person knowingly accesses a computer, computer system,
- computer program, computer network, or part of a computer system or
- network;
- (6) the person uses a device to descramble an electronic signal
- that has been scrambled to prevent unauthorized receipt or viewing
- of the signal unless the device is used only to descramble signals
- received directly from a satellite or unless the person owned the
- device before September 18, 1984; or
- (7) the person knowingly removes, relocates, defaces, alters,
- obscures, shoots at, destroys, or otherwise tampers with an
- official traffic control device or damages the work upon a highway
- under construction.
- (b) Except as provided in (c) of this section, criminal mischief
- in the third degree is a class A misdemeanor.
-
- (c) A person convicted under (a)(2) of this section is guilty of
- a class C felony if, within the preceding seven years, the person
- was convicted under
- (1) the provisions of (a)(2) of this section;
-
- (2) former AS 28.35.010;
- (3) the provisions of AS 11.46.482(a)(4);
-
- (4) an offense involving the theft of a propelled vehicle under
- AS 11.46.120 -- 11.46.140; or
-
- (5) a law or ordinance of this or another jurisdiction with
- elements substantially similar to those of the offenses described
- in (1) -- (4) of this subsection. (@ 4 ch 166 SLA 1978; am @ 1 ch
- 18 SLA 1979; am @@ 7, 8 ch 143 SLA 1982; am @ 2 ch 79 SLA 1984; am
- @ 2 ch 114 SLA 1984; am @ 1 ch 15 SLA 1985; am @ 2 ch 52 SLA 1988)
- TITLE 11. CRIMINAL LAW
-
- CHAPTER 46. OFFENSES AGAINST PROPERTY
- ARTICLE 5. BUSINESS AND COMMERCIAL OFFENSES
- Alaska Stat. @ 11.46.740
-
- SECTION 11.46.740. Criminal use of computer.
-
- (a) A person commits the offense of criminal use of a computer
- if, having no right to do so or any reasonable ground to believe
- the person has such a right, the person knowingly accesses or
- causes to be accessed a computer, computer system, computer
- program, computer network, or any part of a computer system or
- network, and as a result of that access
-
- (1) obtains information concerning a person; or
-
- (2) introduces false information into a computer, computer
- system, or computer network with the intent to damage or enhance
- the data record of a person.
-
- (b) Criminal use of a computer is a class C felony. (@ 3 ch 79
- SLA 1984)
-
- TITLE 11. CRIMINAL LAW
-
- CHAPTER 46. OFFENSES AGAINST PROPERTY
- ARTICLE 6. GENERAL PROVISIONS
-
- Alaska Stat. @ 11.46.985
-
- SECTION 11.46.985. Deceiving a machine.
-
- In a prosecution under this chapter for an offense that
- requires "deception" as an element, it is not a defense that the
- defendant deceived or attempted to deceive a machine. For purposes
- of this section, "machine" includes a vending machine, computer,
- turnstile, or automated teller machine. (@ 4 ch 166 SLA 1978)
-
- TITLE 11. CRIMINAL LAW
-
- CHAPTER 46. OFFENSES AGAINST PROPERTY
- ARTICLE 6. GENERAL PROVISIONS
-
- Alaska Stat. @ 11.46.990
-
- SECTION 11.46.990. Definitions.
-
- In this chapter, unless the context requires otherwise,
- (1) "access" means to instruct, communicate with, store data in,
- retrieve data from, or otherwise obtain the ability to use the
- resources of a computer, computer system, computer network, or any
- part of a computer system or network;
- (2) "appropriate" or "appropriate property of another to oneself
- or a third person" means to
-
- (A) exercise control over property of another, or to aid a third
- person to exercise control over property of another, permanently or
- for so extended a period or under such circumstances as to acquire
- the major portion of the economic value or benefit of the property;
- or
-
- (B) dispose of the property of another for the benefit of
- oneself or a third person;
-
- (3) "computer" means an electronic device that performs logical,
- arithmetic, and memory functions by the manipulation of electronic,
- optical or magnetic impulses, and includes all input, output,
- processing, storage, computer software, and communication
- facilities that are connected or related to a computer;
-
- (4) "computer network" means an interconnection, including by
- microwave or other means of electronic or optical communication, of
- two or more computer systems, or between computers and remote
- terminals;
-
- (5) "computer program" means an ordered set of instructions or
- statements, and related information that, when automatically
- executed in actual or modified form in a computer system, causes it
- to perform specified functions;
- (6) "computer system" means a set of related computer equipment,
- devices and software;
- (7) "data" includes a representation of information, knowledge,
- facts, concepts, or instructions, that is being prepared or has
- been prepared in a formalized manner and is used or intended for
- use in a computer, computer system, or computer network;
-
- (8) "deprive" or "deprive another of property" means to
- (A) withhold property of another or cause property of another to
- be withheld from that person permanently or for so extended a
- period or under such circumstances that the major portion of its
- economic value or benefit is lost to that person;
- (B) dispose of the property in such a manner or under such
- circumstances as to make it unlikely that the owner will recover
- the property;
- (C) retain the property of another with intent to restore it to
- that person only if that person pays a reward or other compensation
- for its return;
- (D) sell, give, pledge, or otherwise transfer any interest in
- the property of another; or
-
- (E) subject the property of another to the claim of a person
- other than the owner;
-
- (9) "financial institution" means a bank, insurance company,
- credit union, building and loan association, investment trust, or
- other organization held out to the public as a place of deposit of
- funds or medium of savings or collective investment;
-
- (10) "intent to defraud", when necessary to constitute an
- offense, is sufficiently established if an intent appears to
- defraud any person; "intent to defraud" means
-
- (A) an intent to injure someone's interest which has value or an
- intent to use deception; or
-
- (B) knowledge that the defendant is facilitating a fraud or
- injury to be perpetrated or inflicted by someone else;
-
- (11) "obtain" means
-
- (A) in relation to property, to bring about a transfer or a
- purported transfer of a legal interest in the property whether to
- the obtainer or another or to exert control over property of
- another; or
-
- (B) in relation to a service, to secure performance of the
- service;
- (12) "property of another" means property in which a person has
- an interest which the defendant is not privileged to infringe,
- whether or not the defendant also has an interest in the property
- and whether or not the person from whom the property was obtained
- or withheld also obtained the property unlawfully; "property of
- another" does not include property in the possession of the
- defendant in which another has only a security interest, even if
- legal title is in the secured party under a conditional sales
- contract or other security agreement; in the absence of a specific
- agreement to the contrary, the holder of a security interest in
- property is not privileged to infringe the debtor's right of
- possession without the consent of the debtor;
-
- (13) "stolen property" means property of another that was
- obtained unlawfully. (@ 4 ch 166 SLA 1978; am @ 4 ch 79 SLA 1984)
-
-