Shoplifting is a serious crime in Alaska, with criminal penalties including jail time and fines. Victimized merchants can sue shoplifters in civil court to recover damages.
Shoplifting in Alaska
Shoplifting is a type of theft in Alaska. Theft is committed when a person obtains the property of another, with the intent to deprive the owner (Alaska Code 11.46.100). Alaska has criminalized the concealment of merchandise, so an individual can face criminal charges for hiding merchandise on his or her person, even without taking the merchandise out of the store.
Shoplifting and concealment of merchandise and can result in fines and jail time, with the severity depending on the type and value of property stolen and other exacerbating factors. Civil penalties for shoplifting exist in Alaska as well, so a shoplifter may face a civil lawsuit in addition to criminal charges.
Criminal Penalties for Shoplifting in Alaska
|
Charge |
Classification |
Penalty |
|
Theft in the first degree: theft of property or services valued at $25,000 or more |
Class B felony |
Fines up to $100,000; up to 10 years of prison time for a first conviction |
|
Theft in the second degree includes: -theft of property or services valued between $500-$25,000; -theft of a firearm or explosive; -theft of property valued between $50 and $500 with two or more prior related convictions in past five years |
Class C felony |
Fines up to $50,000; up to five years of prison time for a first conviction |
|
Theft in the third degree: -theft of property or services valued at $50-$500; -theft of property valued at less than $50 with two prior related convictions in past five years |
Class A misdemeanor |
Fines up to $10,000; up to one year of prison time |
|
Theft in the fourth degree: theft of property or services valued at less than $50 |
Class B misdemeanor |
Fines up to $2,000; up to 90 days of prison time |
Civil Penalties for Shoplifting in Alaska
Merchants who are the victims of shoplifting can sue shoplifters (who are over 18 years old or are emancipated minors) in civil court. Such shoplifters are liable for actual damages, a penalty between $100 and $200, and the lesser amount of $1,000 or the retail value of the stolen merchandise. If the shoplifter was an unemancipated minor, those having legal custody, such as a parent or guardian, may be sued for damages equal to the lesser of $500 or the retail value of the merchandise, as well as a fine between $100 and $200.
Criminal Penalties for Concealment of Merchandise in Alaska
A person who conceals unpurchased merchandise while in a store, with the intent of appropriating the merchandise or depriving the owner, commits the crime of concealment of merchandise in Alaska (Alaska Code 11.46.220). Criminal penalties for concealment of merchandise are described below.
|
Charge |
Classification |
Penalty |
|
Concealment of a firearm |
Class C felony |
Fines up to $50,000; up to five years of prison time for a first conviction |
|
Concealment of merchandise valued at $500 or more |
Class C felony |
Fines up to $50,000; up to five years of prison time for a first conviction |
|
Concealment of merchandise valued between $50-$500 with two prior related convictions in past five years |
Class C felony |
Fines up to $50,000; up to five years of prison time for a first conviction |
|
Concealment of merchandise valued between $50-$500 |
Class A misdemeanor |
Fines up to $10,000; up to one year of prison time |
|
Concealment of merchandise valued below $50 with two prior related convictions in past five years |
Class A misdemeanor |
Fines up to $10,000; up to one year of prison time |
|
Concealment of merchandise valued at less than $50 |
Class B misdemeanor |
Fines up to $2,000; up to 90 days of prison time |
Pretrial Diversion and Plea Options
Certain individuals accused of first-time and low-level crimes may be able to avoid prosecution through a pretrial diversion or deferred prosecution program. If the accused completes the program requirements, which could include activities such as making restitution and performing community service, the criminal charges will be dismissed.
If a diversion program is not an option, the accused may be able to negotiate a plea bargain with the prosecutor in the case. Prosecutors have the discretion to reduce the criminal charges or sentencing in exchange for a guilty plea.
Learn more about diversion and pretrial options.
Getting Legal Help
If you have been accused of shoplifting in Alaska, you should seek the assistance of an experienced criminal defense attorney. An experienced attorney can help you explore your options, including pursuing a pretrial diversion program, raising defenses, or negotiating a plea bargain, in order to minimize the consequences of the shoplifting charges.
