Chapter 9.16
THEFT AND RELATED OFFENSES
Sections:
9.16.030 Concealment of merchandise.
9.16.040 Fraudulent use of an access device.
9.16.010 Issuing a bad check.
Issuing a bad check.
A. A person commits the crime of issuing a bad check if the person issues a check knowing that it will not be honored by the drawee.
B. In a prosecution under this section, it is prima facie evidence that the drawer knew the check would not be honored by the drawee if:
1. Payment of the check was refused by the drawee for lack of funds upon presentation within thirty days after issue, and the drawer failed to make full satisfaction of the amount due within fifteen days after notice of dishonor was deposited as first class mail, addressed to the drawer at the address appearing on the dishonored check or the drawer’s last known address; or
2. The drawer had no account with the drawee at the time the check was issued.
C. In this section:
1. “Amount due” means the face amount of the dishonored check plus all costs and protest fees assessed by the drawee;
2. “Check” means a draft, check, or similar sight order for the payment of money, but does not include a postdated check or a promissory note;
3. A person “issues” a check when as a drawer the person delivers it or causes it to be delivered to a person who thereby acquires a right against the drawer with respect to the check; a person who draws a check with the intent that it be so delivered is considered to have issued it if the delivery occurs.
D. Violation of this section is punishable by a minimum fine of one hundred dollars. Upon citation under this section, court appearance is mandatory. (Ord. 17-03 § 1 (part): amended during 1-15 supplement; Ord. 14-06 § 1 (part): prior code § 17-3)
9.16.020 Theft.
A. A person commits theft if:
1. With intent to deprive another of property or to appropriate property of another to oneself or a third person the person obtains the property of another;
2. The person commits theft of lost or mislaid property under AS 11.46.160;
3. The person commits theft by deception under AS 11.46.180;
4. The person commits theft by receiving under AS 11.46.190;
5. The person commits theft of services under AS 11.46.200;
6. The person commits theft by failure to make required disposition of funds received or held under AS 11.46.210.
B. Violation of this section is punishable by a minimum fine of one hundred dollars. Upon citation under this section, court appearance is mandatory. (Ord. 17-03 § 1 (part): Ord. 14-06 § 1 (part): prior code § 17-4)
9.16.030 Concealment of merchandise.
A. A person commits the crime of concealment of merchandise if without authority the person knowingly conceals on or about the person the merchandise of a commercial establishment, not purchased by the person, while still on the premises of the commercial establishment, with intent to deprive the owner of the merchandise or with intent to appropriate the merchandise.
B. Merchandise found concealed upon or about the person which has not been purchased by the person is prima facie evidence of a knowing concealment.
C. Violation of this section is punishable by a minimum fine of one hundred dollars. Upon citation under this section, court appearance is mandatory. (Ord. 17-03 § 1 (part))
9.16.040 Fraudulent use of an access device.
A. A person commits the crime of fraudulent use of an access device if, with intent to defraud, the person uses an access device to obtain property or services with knowledge that the access device is stolen or forged; the access device is expired or has been revoked or canceled; or for any other reason, that person’s use of the access device is unauthorized by either the issuer or the person to whom the access device is issued.
B. Violation of this section is punishable by a minimum fine of one hundred dollars. Upon citation under this section, court appearance is mandatory. (Ord. 17-03 § 1 (part))