Criminal Possession of Leased Equipment

"Theff" is defined as the intent to deprive another of property or to appropriate property of another to oneself or a third person. (AS 11.46.100) 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, with intent to damage property of another, the person damages property of another in an amount of $750 or more. (AS 11.46.482) A person commits the crime of criminal mischief in the fifth degree if, having no right to do so or any reasonable ground to believe the person has such a right, with reckless disregard for the risk of harm to or loss of the property or with intent to cause substantial inconvenience to another, the person tampers with property of another. (AS 11.46.486) Under Alaska’s criminal code, the monetary value of the stolen or damaged goods constitutes the difference between classes of misdemeanors and felonies. (AS 11.46.980)

The crime of “defrauding creditors” may be committed by a person who, knowing that property is subject to a creditor’s security interest, destroys, removes, conceals, encumbers transfers or otherwise deals with the property with the intent to hinder the enforcement of the security interest. AS 11.46.730(a)(1)(B). Defrauding creditors is a misdemeanor, but if the secured creditor incurs a pecuniary loss of $500 or more, then the crime is classified as a felony.