Alaska Stat. » Chapter 11.46
Alaska Statutes

Alaska Stat. § 11.46.130 (2026)

Theft in the second degree

✓ current as of July 2026
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Sec. 11.46.130. Theft in the second degree.
 (a) A person commits the crime of theft in the second degree if the person commits theft as defined in AS 11.46.100 and
     (1) the value of the property or services is $750 or more but less than $25,000;

     (2) the property is a firearm or explosive;

     (3) the property is taken from the person of another;

     (4) the property is taken from a vessel and is vessel safety or survival equipment;

     (5) the property is taken from an aircraft and the property is aircraft safety or survival equipment;

     (6) the value of the property 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
          (A) an offense under AS 11.46.120, or an offense under another law or ordinance with similar elements;

          (B) a crime set out in this subsection or an offense under another law or ordinance with similar elements;

          (C) an offense under AS 11.46.140(a)(1), or an offense under another law or ordinance with similar elements; or

          (D) an offense under AS 11.46.220(c)(1) or (c)(2)(A), or an offense under another law or ordinance with similar elements; or

     (7) the property is an access device or identification document.

 (b) In this section,
     (1) “aircraft” means a contrivance used or designed for navigation of flight in air;

     (2) “aircraft safety or survival equipment” means equipment required to be carried on an aircraft under AS 02.35.110;

     (3) “vessel” means every description of watercraft, other than a seaplane on water, used or capable of being used as a means of transportation on water;

     (4) “vessel safety or survival equipment” means personal flotation devices; immersion suits; personal flotation device lights; survival craft; equipment necessary for the proper operation of survival craft; emergency position indicating radio beacons; fire extinguishers and supporting equipment; firefighters' outfits; and self contained breathing apparatuses; in this paragraph, “survival craft” means a device designed to enable a person to survive the loss of a vessel, and includes buoyant apparatuses, inflatable buoyant apparatuses, life floats, inflatable life rafts, and auxiliary craft, including skiffs, usable as survival craft.

 (c) Theft in the second degree is a class C felony.


Notes of Decisions
Cited in 124 cases (8 in the last 5 years), 1980–2025 · leading case: Ewing v. California, 538 U.S. 11 (2003).
Sort: Relevance Newest Treatment
Ewing v. California, 538 U.S. 11 (2003). · cites it 2× “Alaska Stat. §§ 11.46.130 (a)(1), (c), 12.”
Morris v. State, 334 P.3d 1244 (Alaska Ct. App. 2014). · cites it 5× “In 2014, the Alaska Legislature amended AS 11.46.130 to define second-degree theft as the theft of property valued between $750 and $25,000.”
Tallent v. State, 951 P.2d 857 (Alaska Ct. App. 1998). · cites it 10× “The statutory language, and its placement as a subpart of AS 11.46.130(a), plainly suggest that an offender who steals between $50 and $500 for the third time in five years commits theft in the second degree, and that the defendant’s prior convictions constitute one element of…”
Martin v. State, 797 P.2d 1209 (Alaska Ct. App. 1990). · cites it 6× “AS 11.46.130 provides as follows: Theft in the second degree.”
Wooley v. State, 221 P.3d 12 (Alaska Ct. App. 2009). · cites it 6× “The language of AS 11.46.130(2)(6) is fully consistent with this interpretation.”
Sundberg v. State, 652 P.2d 113 (Alaska Ct. App. 1982). · cites it 4× “We noted in passing the trial judge's characterization of Sundberg as a worst offender, but concluded that Sundberg's crime under the new criminal code would have been charged as theft in the second degree under AS 11.46.130, permitting a maximum sentence of five years.”
Doe v. State, Dep't of Pub. Saf., 92 P.3d 398 (Alaska 2004). · cites it 2× “As far as the necessity of isolation to prevent criminal conduct from you, I think that's fairly low. I don't think whether you are in jail or you're out of jail that there [are] kids on the street that are particularly in danger of you coming up and doing something to them.”
Leuch v. State, 633 P.2d 1006 (Alaska 1981). · cites it 2× “AS 11.46.130. Under that statute, no presumptive sentence is given for first offenders, but we note that the maximum sentence would be five years, the presumptive sentence for a second offender two years, and the presumptive sentence for a third offender three years.”
Nell v. State, 642 P.2d 1361 (Alaska Ct. App. 1982). · cites it 2× “-500(a)(1), and of theft in the second degree, AS 11.46.130(a)(1). Nell was tried before a jury and was found guilty of robbery, but not guilty of theft.”
Cheely v. State, 850 P.2d 653 (Alaska Ct. App. 1993). · cites it 4× “Cheely was found guilty of second-degree theft, AS 11.46.130(a), following a jury trial in the Anchorage superi- or court.”
Vandergriff v. State, 125 P.3d 360 (Alaska Ct. App. 2005). · cites it 2× “For these reasons, I conclude that the Neal rule does not implicate the Sixth Amendment concerns expressed in Apprendi, Blakely, and Booker . Accordingly, I concur with my colleagues that a defendant has no right to have a jury decide the sentencing question posed by Neal .”
State v. Contreras, 674 P.2d 792 (Alaska Ct. App. 1983). · cites it 2× “100; and theft in the second degree, AS 11.46.130(a)(2). The indictment was based upon testimony that Mary Hall discovered Grumbles in the process of burglarizing her residence.”
Show all 124 citing cases →
— Alaska Stat. § 11.46.130(2)(6) — 1 case
Wooley v. State, 221 P.3d 12 (Alaska Ct. App. 2009). “The language of AS 11.46.130(2)(6) is fully consistent with this interpretation.”
— Alaska Stat. § 11.46.130(a) — 8 cases
Tallent v. State, 951 P.2d 857 (Alaska Ct. App. 1998). “The statutory language, and its placement as a subpart of AS 11.46.130(a), plainly suggest that an offender who steals between $50 and $500 for the third time in five years commits theft in the second degree, and that the defendant’s prior convictions constitute one element of…”
Cheely v. State, 850 P.2d 653 (Alaska Ct. App. 1993). “Cheely was found guilty of second-degree theft, AS 11.46.130(a), following a jury trial in the Anchorage superi- or court.”
Williams v. State, 648 P.2d 603 (Alaska Ct. App. 1982).
Cowles v. State, 961 P.2d 438 (Alaska Ct. App. 1998).
Hosier v. State, 1 P.3d 107 (Alaska Ct. App. 2000).
— Alaska Stat. § 11.46.130(a)(1) — 64 cases
Morris v. State, 334 P.3d 1244 (Alaska Ct. App. 2014). “In 2014, the Alaska Legislature amended AS 11.46.130 to define second-degree theft as the theft of property valued between $750 and $25,000.”
Nell v. State, 642 P.2d 1361 (Alaska Ct. App. 1982). “-500(a)(1), and of theft in the second degree, AS 11.46.130(a)(1). Nell was tried before a jury and was found guilty of robbery, but not guilty of theft.”
Walsh v. State, 677 P.2d 912 (Alaska Ct. App. 1984).
Brown v. State, 684 P.2d 874 (Alaska Ct. App. 1984).
Garroutte v. State, 683 P.2d 262 (Alaska Ct. App. 1984).
— Alaska Stat. § 11.46.130(a)(2) — 11 cases
Martin v. State, 797 P.2d 1209 (Alaska Ct. App. 1990). “AS 11.46.130 provides as follows: Theft in the second degree.”
Vandergriff v. State, 125 P.3d 360 (Alaska Ct. App. 2005). “For these reasons, I conclude that the Neal rule does not implicate the Sixth Amendment concerns expressed in Apprendi, Blakely, and Booker . Accordingly, I concur with my colleagues that a defendant has no right to have a jury decide the sentencing question posed by Neal .”
State v. Contreras, 674 P.2d 792 (Alaska Ct. App. 1983). “100; and theft in the second degree, AS 11.46.130(a)(2). The indictment was based upon testimony that Mary Hall discovered Grumbles in the process of burglarizing her residence.”
State v. Kalmakoff, 122 P.3d 224 (Alaska Ct. App. 2005).
Gutierres v. State, 793 P.2d 1078 (Alaska Ct. App. 1990).
— Alaska Stat. § 11.46.130(a)(3) — 1 case
George v. State, 836 P.2d 960 (Alaska Ct. App. 1992).
— Alaska Stat. § 11.46.130(a)(4) — 1 case
Timothy v. State, 90 P.3d 177 (Alaska Ct. App. 2004).
— Alaska Stat. § 11.46.130(a)(6) — 12 cases
Tallent v. State, 951 P.2d 857 (Alaska Ct. App. 1998). “The statutory language, and its placement as a subpart of AS 11.46.130(a), plainly suggest that an offender who steals between $50 and $500 for the third time in five years commits theft in the second degree, and that the defendant’s prior convictions constitute one element of…”
Wooley v. State, 221 P.3d 12 (Alaska Ct. App. 2009). “The language of AS 11.46.130(2)(6) is fully consistent with this interpretation.”
Doe v. State, Dep't of Pub. Saf., 92 P.3d 398 (Alaska 2004). “As far as the necessity of isolation to prevent criminal conduct from you, I think that's fairly low. I don't think whether you are in jail or you're out of jail that there [are] kids on the street that are particularly in danger of you coming up and doing something to them.”
Ostlund v. State, 51 P.3d 938 (Alaska Ct. App. 2002).
Wooley v. State, 157 P.3d 1064 (Alaska Ct. App. 2007).
— Alaska Stat. § 11.46.130(a)(6)(C) — 1 case
Tallent v. State, 951 P.2d 857 (Alaska Ct. App. 1998). “The statutory language, and its placement as a subpart of AS 11.46.130(a), plainly suggest that an offender who steals between $50 and $500 for the third time in five years commits theft in the second degree, and that the defendant’s prior convictions constitute one element of…”
— Alaska Stat. § 11.46.130(a)(7) — 4 cases
Brandon Lee Baer v. State of Alaska, 499 P.3d 1037 (Alaska Ct. App. 2021).
Kankanton v. State, 342 P.3d 840 (Alaska Ct. App. 2015).
Lawrence v. State, 269 P.3d 672 (Alaska Ct. App. 2012).
Clayton Andrew Charlie v. State of Alaska, 563 P.3d 76 (Alaska Ct. App. 2024).
— Alaska Stat. § 11.46.130(b) — 3 cases
Wesolic v. State, 837 P.2d 130 (Alaska Ct. App. 1992).
Mancini v. State, 841 P.2d 184 (Alaska Ct. App. 1992).
Castle v. State, 767 P.2d 219 (Alaska Ct. App. 1989).
— Alaska Stat. § 11.46.130(c) — 5 cases
Waters v. State, 64 P.3d 169 (Alaska Ct. App. 2003).
Griffin v. State, 9 P.3d 301 (Alaska Ct. App. 2000).
Smith v. State, 187 P.3d 511 (Alaska Ct. App. 2008).
Randall v. State, 44 P.3d 984 (Alaska Ct. App. 2002).
Le v. Kijakazi (D. Alaska 2021).
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