Enrolled HB 238
LAWS OF ALASKA
2024
Source Chapter No.
SCS CSHB 238(JUD) _______
AN ACT
Relating to criminal mischief in the third degree; and providing for an effective date.
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
THE ACT FOLLOWS ON PAGE 1
-1- Enrolled HB 238
AN ACT
Relating to criminal mischief in the third degree; and providing for an effective date. 1
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* Section 1. AS 11.46.482(a) is amended to read: 3
(a) A person commits the crime of criminal mischief in the third degree if, 4
having no right to do so or any reasonable ground to believe the person has such a 5
right, 6
(1) with intent to damage property of another, the person damages 7
property of another in an amount of $750 or more; 8
(2) the person recklessly creates a risk of damage in an amount 9
exceeding $100,000 to property of another by the use of widely dangerous means; or 10
(3) the person knowingly 11
(A) defaces, damages, or desecrates a cemetery or the contents 12
of a cemetery or a tomb, grave, or memorial regardless of whether the tomb, 13
Enrolled HB 238 -2-
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 or damages real property that 6
(i) has a place of religious education or worship 7
located on it; and 8
(ii) if leased or used by a religious organization and 9
is part of a larger property, is the part of the property leased or 10
used by the religious organization, including the access to the entry 11
of that part of the property; or 12
(D) defaces or damages tangible personal property that has 13
religious significance and is used by a religious organization or displayed 14
for educational purposes. 15
* Sec. 2. AS 11.46.482(b) is amended to read: 16
(b) It is an affirmative defense to a prosecution under (a)(3) of this section that 17
the defendant, at the time of the offense, was 18
(1) an employee of the cemetery and was engaged in an authorized 19
activity on behalf of the cemetery; [OR] 20
(2) authorized by law or state permit to engage in the conduct; or 21
(3) an employee of a religious organization or the owner or 22
operator or employee of the owner or operator of real property or tangible 23
personal property under (a)(3)(C) or (D) of this section and was engaged in an 24
authorized activity on behalf of the religious organization or the owner or 25
operator of the real property or tangible personal property. 26
* Sec. 3. This Act takes effect immediately under AS 01.10.070(c). 27