(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 upon the premises of the commercial establishment, with intent to deprive the owner of the merchandise or with intent to appropriate the merchandise.

Attorney's Note

Under the Alaska Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class C felonyup to 5 yearsup to $50,000
Class A misdemeanorup to 1 yearup to $25,000
Class B misdemeanorup to 90 daysup to $2,000
For details, see Alaska Stat. § 12.55.125 and Alaska Stat. § 12.55.135
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Terms Used In Alaska Statutes 11.46.220

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
(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) Concealment of merchandise is

(1) a class C felony if

(A) the merchandise is a firearm;
(B) the value of the merchandise is $750 or more; or
(C) the value of the merchandise is $250 or more but less than $750 and, within the preceding five years, the person has been convicted and sentenced on two or more separate occasions in this or another jurisdiction of

(i) the offense of concealment of merchandise under this paragraph or (2)(A) of this subsection, or an offense under another law or ordinance with similar elements; or
(ii) an offense under Alaska Stat. § 11.46.120, 11.46.130, or 11.46.140(a)(1), or an offense under another law or ordinance with similar elements;
(2) a class A misdemeanor if

(A) the value of the merchandise is $250 or more but less than $750; or
(B)[Repealed, Sec. 179 ch 36 SLA 2016.]
(C) the value of the merchandise is less than $250 and, within the preceding five years, the person has been convicted and sentenced on three or more separate occasions of the offense of concealment of merchandise or theft in any degree, or an offense under another law or ordinance with similar elements;
(3) a class B misdemeanor if the value of the merchandise is less than $250.
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