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Alaska Statutes

Alaska Stat. § 11.46.220 (2026)

Concealment of merchandise

✓ current as of July 2026

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Sec. 11.46.220. Concealment of merchandise.
(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.

(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 AS 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          (B) [Repealed, § 179 ch 36 SLA 2016.]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.

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1982–2024 · leading case: In the Disciplinary Matter Involving Schuler, 818 P.2d 138 (Alaska 1991).

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In the Disciplinary Matter Involving Schuler, 818 P.2d 138 (Alaska 1991). · cites it 7× “," a class A misdemeanor under AS 11.46.220(a), (c)(2). Schuler entered a plea of no contest and was convicted of the offense.”

Brant v. State, 992 P.2d 590 (Alaska Ct. App. 1999). · cites it 4× “140(a)(3); AS 11.46.220(c)(1)(C); AS 11.46.220(c)(2)(B).”

Anderson v. State, 123 P.3d 1110 (Alaska Ct. App. 2005). “150 (fourth-degree theft) and AS 11.46.220(a) and (c)(3) (concealment of merchandise valued at less than $50).”

Walsh v. State, 134 P.3d 366 (Alaska Ct. App. 2006). “AS 11.46.220(a)(1) & (c)(3). 4 . See Coleman v.”

Jackson v. State, 657 P.2d 405 (Alaska Ct. App. 1983). · cites it 2× “Carol Jackson was convicted of concealment of merchandise, AS 11.46.220, and assault in the fourth degree, AS 11.”

Smith v. Mun. of Anchorage, 652 P.2d 499 (Alaska Ct. App. 1982). · cites it 3× “He states that the element of specific intent must be implied, because there is no indication that the municipality intended to delete the specific intent element designated in the state statute, AS 11.46.220 6 and its predecessor, AS 11.”

Tallent v. State, 951 P.2d 857 (Alaska Ct. App. 1998). “, third-degree theft committed by stealing property valued at between $50 and $500, or by stealing a credit card], or an offense under another law or ordinance with similar elements; or (D) AS 11.46.220(c)(1) or (c)(2)(A) [i.e., concealment of merchandise if the merchandise is a…”

State v. Lewis, 447 S.E.2d 570 (W. Va. 1994). “See Alaska Stat. § 11.46.220 (1993); Ariz.Rev.”

Willett v. State, 826 P.2d 1142 (Alaska Ct. App. 1992). “See AS 11.46.220. As to these provisions, AS 11.”

In the Matter of the Petition for Reinstatement of Erin Pohland (Alaska 2024). · cites it 2× “It is undisputed that, as described in the original disciplinary matter, in 2011 Pohland pleaded guilty to concealment of merchandise in violation of AS 11.46.220(a) and AS 11.46.220(c)(2)(A), a misdemeanor shoplifting offense.”

— Alaska Stat. § 11.46.220(a) — 3 cases

In the Disciplinary Matter Involving Schuler, 818 P.2d 138 (Alaska 1991). “," a class A misdemeanor under AS 11.46.220(a), (c)(2). Schuler entered a plea of no contest and was convicted of the offense.”

Anderson v. State, 123 P.3d 1110 (Alaska Ct. App. 2005). “150 (fourth-degree theft) and AS 11.46.220(a) and (c)(3) (concealment of merchandise valued at less than $50).”

In the Matter of the Petition for Reinstatement of Erin Pohland (Alaska 2024). “It is undisputed that, as described in the original disciplinary matter, in 2011 Pohland pleaded guilty to concealment of merchandise in violation of AS 11.46.220(a) and AS 11.46.220(c)(2)(A), a misdemeanor shoplifting offense.”

— Alaska Stat. § 11.46.220(a)(1) — 1 case

Walsh v. State, 134 P.3d 366 (Alaska Ct. App. 2006). “AS 11.46.220(a)(1) & (c)(3). 4 . See Coleman v.”

— Alaska Stat. § 11.46.220(c)(1) — 1 case

Tallent v. State, 951 P.2d 857 (Alaska Ct. App. 1998). “, third-degree theft committed by stealing property valued at between $50 and $500, or by stealing a credit card], or an offense under another law or ordinance with similar elements; or (D) AS 11.46.220(c)(1) or (c)(2)(A) [i.e., concealment of merchandise if the merchandise is a…”

— Alaska Stat. § 11.46.220(c)(1)(C) — 1 case

Brant v. State, 992 P.2d 590 (Alaska Ct. App. 1999). “140(a)(3); AS 11.46.220(c)(1)(C); AS 11.46.220(c)(2)(B).”

— Alaska Stat. § 11.46.220(c)(2)(A) — 1 case

In the Matter of the Petition for Reinstatement of Erin Pohland (Alaska 2024). “It is undisputed that, as described in the original disciplinary matter, in 2011 Pohland pleaded guilty to concealment of merchandise in violation of AS 11.46.220(a) and AS 11.46.220(c)(2)(A), a misdemeanor shoplifting offense.”

— Alaska Stat. § 11.46.220(c)(2)(B) — 1 case

Brant v. State, 992 P.2d 590 (Alaska Ct. App. 1999). “140(a)(3); AS 11.46.220(c)(1)(C); AS 11.46.220(c)(2)(B).”

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