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- Alaska Statutes.
- Title 11. Criminal Law
- Chapter 46. Offenses Against Property
- Section 482. Criminal Mischief in the Third Degree.
previous: Section 480
. Criminal Mischief in the Second Degree.
next: Section 484
. Criminal Mischief in the Fourth Degree.
AS 11.46.482. 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 $500 or more;
- (2) the person recklessly creates a risk of damage in an amount exceeding $100,000 to property of another by the use of
widely dangerous means; or
- (3) the person knowingly
- (A) defaces, damages, or desecrates a cemetery or the contents of a cemetery or a tomb, grave, or memorial regardless of
whether the tomb, grave, or memorial is in a cemetery or whether the cemetery, tomb, grave, or memorial appears to be
abandoned, lost, or neglected;
- (B) removes human remains or associated burial artifacts from a cemetery, tomb, grave, or memorial regardless of whether
the cemetery, tomb, grave, or memorial appears to be abandoned, lost, or neglected.
- (b) It is an affirmative defense to a prosecution under (a)(3) of this section that the defendant, at the time of the
- (1) an employee of the cemetery and was engaged in an authorized activity on behalf of the cemetery; or
- (2) authorized by law or state permit to engage in the conduct.
- (c) In this section,
- (1) "contents of a cemetery" includes anything that is designed or used for the protection, security, or ornamentation of
a cemetery and that is located within a cemetery;
- (2) "memorial" means a headstone, marker, gravestone, monument, or other object designed or intended to mark a gravesite
or to memorialize the death of a person;
- (3) "tomb" means a mausoleum, columbarium, or crypt, whether that mausoleum, columbarium, or crypt is located above or
- (d) Criminal mischief in the third degree is a class C felony.
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