HB0238b -1- CSHB 238(JUD)
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33-LS1101\B
CS FOR HOUSE BILL NO. 238(JUD)
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-THIRD LEGISLATURE - SECOND SESSION
BY THE HOUSE JUDICIARY COMMITTEE
Offered: 3/13/24
Referred: Rules
Sponsor(s): REPRESENTATIVES JOSEPHSON, C.Johnson
A BILL
FOR AN ACT ENTITLED
"An Act relating to criminal mischief in the third degree; and providing for an effective 1
date." 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3
* Section 1. AS 11.46.482(a) is amended to read: 4
(a) A person commits the crime of criminal mischief in the third degree if, 5
having no right to do so or any reasonable ground to believe the person has such a 6
right, 7
(1) with intent to damage property of another, the person damages 8
property of another in an amount of $750 or more; 9
(2) the person recklessly creates a risk of damage in an amount 10
exceeding $100,000 to property of another by the use of widely dangerous means; or 11
(3) the person knowingly 12
(A) defaces, damages, or desecrates a cemetery or the contents 13
of a cemetery or a tomb, grave, or memorial regardless of whether the tomb, 14 33-LS1101\B
CSHB 238(JUD) -2- HB0238b
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grave, or memorial is in a cemetery or whether the cemetery, tomb, grave, or 1
memorial appears to be abandoned, lost, or neglected; 2
(B) removes human remains or associated burial artifacts from 3
a cemetery, tomb, grave, or memorial regardless of whether the cemetery, 4
tomb, grave, or memorial appears to be abandoned, lost, or neglected; 5
(C) defaces, damages, or desecrates 6
(i) real property that has a place of religious 7
education or worship located on it and is owned, leased, or used by 8
a religious organization or used for any religious purpose; or 9
(ii) tangible personal property used by a religious 10
organization or used for any religious purpose. 11
* Sec. 2. AS 11.46.482(b) is amended to read: 12
(b) It is an affirmative defense to a prosecution under (a)(3) of this section that 13
the defendant, at the time of the offense, was 14
(1) an employee of the cemetery and was engaged in an authorized 15
activity on behalf of the cemetery; [OR] 16
(2) authorized by law or state permit to engage in the conduct; or 17
(3) an employee of a religious organization or the owner or 18
operator or employee of the owner or operator of real property or tangible 19
personal property under (a)(3)(C) of this section, and was engaged in an 20
authorized activity on behalf of the religious organization or the owner or 21
operator of the real property or tangible personal property. 22
* Sec. 3. This Act takes effect immediately under AS 01.10.070(c). 23