Alaska Statutes

Alaska Stat. § 11.46.120 (2026)

Theft in the first degree

✓ current as of July 2026

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Sec. 11.46.120. Theft in the first degree.
(a) A person commits the crime of theft in the first degree if the person commits theft as defined in AS 11.46.100 and the value of the property or services is $25,000 or more.

(b) Theft in the first degree is a class B felony.

Notes of Decisions

Cited in 34 cases (3 in the last 5 years), 1980–2024 · leading case: Nijhawan v. Holder, 557 U.S. 29 (2009).

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Nijhawan v. Holder, 557 U.S. 29 (2009). “, Alaska Stat. §§11.46.120 , 11.46.180 (1996) ($25,000); but see, e.”

Brezenoff v. State, 658 P.2d 1359 (Alaska Ct. App. 1983). · cites it 2× “AS 11.46.120. Theft in the first degree is a class B felony.”

Cornelison v. TIG Ins., 376 P.3d 1255 (Alaska 2016). “180, and may be punished as provided by AS 11.46.120 – 11.46.150. Alaska Statute 23.”

State v. Parker, 147 P.3d 690 (Alaska 2006). · cites it 2× “Compare AS 11.46.120 (first degree theft) and AS 11.”

Braaten v. State, 705 P.2d 1311 (Alaska Ct. App. 1985). · cites it 2× “, AS 11.46.120. [3] The proponents of specific statutory aggravating and mitigating factors recognized that different judges differ substantially in determining which offenses are aggravated and which mitigated.”

DeNuptiis v. Unocal Corp., 63 P.3d 272 (Alaska 2003). “180, and may be punished as provided by [the sentencing provisions] AS 11.46.120 — 11.46.150. 2 . AS 23.30.250(b).”

Lindsay v. State, 698 P.2d 659 (Alaska Ct. App. 1985). · cites it 2× “Lindsay appeals his conviction, arguing that certain evidence should have been suppressed, that proceedings against him should have been dismissed pursuant to Alaska Rule of Criminal Procedure 45 and that denial of his continuance motion constituted reversible error.”

Putnam v. State, 629 P.2d 35 (Alaska 1980). “400 (first degree arson) and AS 11.46.120 (theft in the first degree).”

Karr v. State, 686 P.2d 1192 (Alaska 1984). “AS 11.46.120 states: (a) A person commits the crime of theft in the first degree if he commits theft as defined in § 100 of this chapter and the value of the property or service is $25,000 or more.”

Rozkydal v. State, 938 P.2d 1091 (Alaska Ct. App. 1997). “Martha Jo Rozkydal was convicted of first-degree theft, AS 11.46.120(a), for embezzling over $125,000 from her employer.”

Buckwalter v. State, 23 P.3d 81 (Alaska Ct. App. 2001). “See AS 11.46.120; AS 11.46.110(b). 20 . See State v.”

Sarah Romines Skupa v. State of Alaska, 520 P.3d 1184 (Alaska Ct. App. 2022). · cites it 3× “045(a) provides, in relevant part, that “[t]he court shall, when presented with credible evidence, unless the victim or other person expressly declines restitution, order a defendant convicted of an offense to make restitution as provided in this 1 AS 11.46.120. –2– 2735 section…”

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— Alaska Stat. § 11.46.120(a) — 10 cases

Rozkydal v. State, 938 P.2d 1091 (Alaska Ct. App. 1997). “Martha Jo Rozkydal was convicted of first-degree theft, AS 11.46.120(a), for embezzling over $125,000 from her employer.”

Lawrence v. State, 269 P.3d 672 (Alaska Ct. App. 2012).

Willett v. State, 826 P.2d 1142 (Alaska Ct. App. 1992).

Sarah Romines Skupa v. State of Alaska, 520 P.3d 1184 (Alaska Ct. App. 2022). “045(a) provides, in relevant part, that “[t]he court shall, when presented with credible evidence, unless the victim or other person expressly declines restitution, order a defendant convicted of an offense to make restitution as provided in this 1 AS 11.46.120. –2– 2735 section…”

LaParle v. State, 957 P.2d 330 (Alaska Ct. App. 1998).

— Alaska Stat. § 11.46.120(b) — 2 cases

Byford v. State, 352 P.3d 898 (Alaska Ct. App. 2015).

Keyser v. State, 856 P.2d 1170 (Alaska Ct. App. 1993).

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