Alaska Statutes
Alaska Stat. § 11.46.140 (2026)
Theft in the third degree
✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Sec. 11.46.140. Theft in the third degree.
(a) A person commits the crime of theft in the third degree if the person commits theft as defined in AS 11.46.100 and
(1) the value of the property or services is $250 or more but less than $750;
(2) (3) (4) the value of the property is less than $250 and, within the preceding five years, the person has been convicted and sentenced on three or more separate occasions in this or another jurisdiction of theft or concealment of merchandise, or an offense under another law or ordinance with similar elements; or
(5) the property is mail.
(b) Theft in the third degree is a class A misdemeanor.
(a) A person commits the crime of theft in the third degree if the person commits theft as defined in AS 11.46.100 and
(1) the value of the property or services is $250 or more but less than $750;
(2) (3) (4) the value of the property is less than $250 and, within the preceding five years, the person has been convicted and sentenced on three or more separate occasions in this or another jurisdiction of theft or concealment of merchandise, or an offense under another law or ordinance with similar elements; or
(5) the property is mail.
(b) Theft in the third degree is a class A misdemeanor.
(c) In this section,
(1) “authorized depository” means a mailbox, letter box, post office box, or rural box used by postal customers for the deposit of outgoing mail or used by the United States Postal Service or a private mail delivery company for the delivery of incoming mail;
(2) “mail” means a letter, a card, a parcel, or material that
(A) is sent or delivered by means of the United States Postal Service or a private mail delivery company;
(B) has postage affixed to it by the postal customer, the United States Postal Service, or a private mail delivery company or has been accepted for delivery by the United States Postal Service or a private mail delivery company; and
(C) is placed in an authorized depository or mail receptacle or given to an employee of the United States Postal Service or a private mail delivery company for delivery;
(3) “mail receptacle” means a location used by the United States Postal Service, a private mail delivery company, or a postal customer for the placement of outgoing mail or the receipt of incoming mail;
(4) “postage” means a United States Postal Service stamp, permit imprint, meter strip, or other authorized indication of prepayment for services provided or authorized by the United States Postal Service or a private mail delivery company for the collection and delivery of mail.
(a) A person commits the crime of theft in the third degree if the person commits theft as defined in AS 11.46.100 and
(1) the value of the property or services is $250 or more but less than $750;
(2) (3) (4) the value of the property is less than $250 and, within the preceding five years, the person has been convicted and sentenced on three or more separate occasions in this or another jurisdiction of theft or concealment of merchandise, or an offense under another law or ordinance with similar elements; or
(5) the property is mail.
(b) Theft in the third degree is a class A misdemeanor.
(a) A person commits the crime of theft in the third degree if the person commits theft as defined in AS 11.46.100 and
(1) the value of the property or services is $250 or more but less than $750;
(2) (3) (4) the value of the property is less than $250 and, within the preceding five years, the person has been convicted and sentenced on three or more separate occasions in this or another jurisdiction of theft or concealment of merchandise, or an offense under another law or ordinance with similar elements; or
(5) the property is mail.
(b) Theft in the third degree is a class A misdemeanor.
(c) In this section,
(1) “authorized depository” means a mailbox, letter box, post office box, or rural box used by postal customers for the deposit of outgoing mail or used by the United States Postal Service or a private mail delivery company for the delivery of incoming mail;
(2) “mail” means a letter, a card, a parcel, or material that
(A) is sent or delivered by means of the United States Postal Service or a private mail delivery company;
(B) has postage affixed to it by the postal customer, the United States Postal Service, or a private mail delivery company or has been accepted for delivery by the United States Postal Service or a private mail delivery company; and
(C) is placed in an authorized depository or mail receptacle or given to an employee of the United States Postal Service or a private mail delivery company for delivery;
(3) “mail receptacle” means a location used by the United States Postal Service, a private mail delivery company, or a postal customer for the placement of outgoing mail or the receipt of incoming mail;
(4) “postage” means a United States Postal Service stamp, permit imprint, meter strip, or other authorized indication of prepayment for services provided or authorized by the United States Postal Service or a private mail delivery company for the collection and delivery of mail.
Notes of Decisions
Cited in 30
cases (2 in the last 5 years), 1982–2025 · leading case: Morris v. State, 334 P.3d 1244 (Alaska Ct. App. 2014).
Morris v. State, 334 P.3d 1244 (Alaska Ct. App. 2014). “3 See former AS 11.46.140(a)(1) (2012) (defining third-degree theft as the theft of property or services valued at $50 or more but less than $500).”
Tallent v. State, 951 P.2d 857 (Alaska Ct. App. 1998). “The stipulation, as finally drafted and read to the jury, stated: 1) That the defendant, Paul Tallent was convicted and sentenced on 20 June 1994 in case 3AN-S94-3635 of the crime of theft in - the third degree in violation of AS 11.46.140(a)(1) before Judge Michael Wol-verton…”
Wasson v. State, 652 P.2d 117 (Alaska Ct. App. 1982). “AS 11.46.140. Wasson relies upon AS 12.55.”
Kim v. State, 390 P.3d 1207 (Alaska Ct. App. 2017). “Here, the prosecutor’s assertion about Kim’s “web of lies” was tied directly to her discussion of the evidence presented at Kim’s trial, and her assertion was a reasonable comment on that evidence.”
Brant v. State, 992 P.2d 590 (Alaska Ct. App. 1999). “130(a)(6); AS 11.46.140(a)(3); AS 11.46.220(c)(1)(C); AS 11.”
Comegys v. State, 747 P.2d 554 (Alaska Ct. App. 1987). “130(a)(1), and one count of theft in the third degree, a class A misdemeanor, AS 11.46.140(a)(1). For the first count of burglary and the count of theft in the second degree, he received concurrent sentences of three years with one year suspended.”
State v. Bell, 421 P.3d 128 (Alaska Ct. App. 2018). “And with respect to Period I, the case is REMANDED for further proceedings consistent with the guidance provided here.”
Wooley v. State, 221 P.3d 12 (Alaska Ct. App. 2009). “Because this saw was valued at slightly less than $300, Wooley's crime would normally have been a misdemeanor: third-degree theft under AS 11.46.140(a)(1). However, Wooley had prior convictions for theft.”
Phillips v. State, 211 P.3d 1148 (Alaska Ct. App. 2009). “But we REMAND for resentencing on the remaining counts and for correction of the judgment concerning the defendant's parole eligibility. 1 . Counts 1, 5, 8, 12, and 15 were charged under AS 11.”
Simon v. State, 349 P.3d 191 (Alaska Ct. App. 2015). “AS 11.46.140(a)(1) (theft of property valued between $50 and $500).”
Lee v. State, 673 P.2d 892 (Alaska Ct. App. 1983). “AS 11.46.140 provides, in relevant part: Theft in the Third Degree, (a) A person commits the crime of theft in the third degree if he commits theft as defined in AS 11.”
Minano v. State, 690 P.2d 28 (Alaska Ct. App. 1984). “” See AS 11.46.140(a)(1). Of course, if the trial court found that there was sufficient evidence to support a jury inference of value in excess of $500, an instruction on theft in the second degree would be appropriate.”
Alaska Stat. § 11.46.140(a): 4 cases
Vizcarra-Medina v. State, 195 P.3d 1095 (Alaska Ct. App. 2008).
Ramsey v. State, 355 P.3d 601 (Alaska Ct. App. 2015).
Kankanton v. State, 342 P.3d 840 (Alaska Ct. App. 2015).
Morton v. State, 68 P.3d 1285 (Alaska Ct. App. 2003).
Alaska Stat. § 11.46.140(a)(1): 20 cases
Morris v. State, 334 P.3d 1244 (Alaska Ct. App. 2014). “3 See former AS 11.46.140(a)(1) (2012) (defining third-degree theft as the theft of property or services valued at $50 or more but less than $500).”
Tallent v. State, 951 P.2d 857 (Alaska Ct. App. 1998). “The stipulation, as finally drafted and read to the jury, stated: 1) That the defendant, Paul Tallent was convicted and sentenced on 20 June 1994 in case 3AN-S94-3635 of the crime of theft in - the third degree in violation of AS 11.46.140(a)(1) before Judge Michael Wol-verton…”
Kim v. State, 390 P.3d 1207 (Alaska Ct. App. 2017). “Here, the prosecutor’s assertion about Kim’s “web of lies” was tied directly to her discussion of the evidence presented at Kim’s trial, and her assertion was a reasonable comment on that evidence.”
Comegys v. State, 747 P.2d 554 (Alaska Ct. App. 1987). “130(a)(1), and one count of theft in the third degree, a class A misdemeanor, AS 11.46.140(a)(1). For the first count of burglary and the count of theft in the second degree, he received concurrent sentences of three years with one year suspended.”
State v. Bell, 421 P.3d 128 (Alaska Ct. App. 2018). “And with respect to Period I, the case is REMANDED for further proceedings consistent with the guidance provided here.”
Alaska Stat. § 11.46.140(a)(3): 1 case
Brant v. State, 992 P.2d 590 (Alaska Ct. App. 1999). “130(a)(6); AS 11.46.140(a)(3); AS 11.46.220(c)(1)(C); AS 11.”
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