Alaska Statutes
Alaska Stat. § 11.46.350 (2026)
Definition; privilege to enter or remain on unimproved land
✓ current as of July 2026
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Sec. 11.46.350. Definition; privilege to enter or remain on unimproved land.
Article 3. Vehicle Theft.
(a) As used in AS 11.46.300 — 11.46.350, unless the context requires otherwise, “enter or remain unlawfully” means to
(1) enter or remain in or upon premises or in a propelled vehicle when the premises or propelled vehicle, at the time of the entry or remaining, is not open to the public and when the defendant is not otherwise privileged to do so;
(2) fail to leave premises or a propelled vehicle that is open to the public after being lawfully directed to do so personally by the person in charge; or
(3) enter or remain upon premises or in a propelled vehicle in violation of a provision in an order issued or filed under AS 18.66.100 — 18.66.180 or issued under former AS 25.35.010(b) or 25.35.020.
(b) For purposes of this section, a person who, without intent to commit a crime on the land, enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, is privileged to do so unless
(1) notice against trespass is personally communicated to that person by the owner of the land or some other authorized person; or
(2) notice against trespass is given by posting in a reasonably conspicuous manner under the circumstances.
(c) [Repealed, § 1 ch 48 SLA 2014.]
(a) As used in AS 11.46.300 — 11.46.350, unless the context requires otherwise, “enter or remain unlawfully” means to
(1) enter or remain in or upon premises or in a propelled vehicle when the premises or propelled vehicle, at the time of the entry or remaining, is not open to the public and when the defendant is not otherwise privileged to do so;
(2) fail to leave premises or a propelled vehicle that is open to the public after being lawfully directed to do so personally by the person in charge; or
(3) enter or remain upon premises or in a propelled vehicle in violation of a provision in an order issued or filed under AS 18.66.100 — 18.66.180 or issued under former AS 25.35.010(b) or 25.35.020.
(b) For purposes of this section, a person who, without intent to commit a crime on the land, enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, is privileged to do so unless
(1) notice against trespass is personally communicated to that person by the owner of the land or some other authorized person; or
(2) notice against trespass is given by posting in a reasonably conspicuous manner under the circumstances.
(c) [Repealed, § 1 ch 48 SLA 2014.]
Notes of Decisions
Cited in 20
cases, 1982–2018 · leading case: Arabie v. State, 699 P.2d 890 (Alaska Ct. App. 1985).
Arabie v. State, 699 P.2d 890 (Alaska Ct. App. 1985). “900(b)(3) should be distinguished from its use of “premises” in AS 11.46.350. According to the state, this distinction creates sufficient ambiguity to permit a judicial gloss on the terminology, broadening the meaning of “premises” to include all restricted areas in a public…”
Timothy W. v. Julia M., 403 P.3d 1095 (Alaska 2017). “See AS 11.46.350 (defining "enter or remain unlawfully” for purposes of criminal trespass to include situations where a person "enter[s] or remain[s] in or upon premises .”
Turney v. State, 922 P.2d 283 (Alaska Ct. App. 1996). “AS 11.46.350(a)(1). The trial judge in Turney’s case ruled that Turney could not be convicted under this section because Turney conducted his protest activities during normal business hours when the courthouse and its surrounding grounds were open to the public.”
Moore v. State, 123 P.3d 1081 (Alaska Ct. App. 2005). “[23] AS 11.46.350(a)(1). [24] 943 S.W.2d 616 (Ky.”
State v. Sanchez, 735 P.2d 536 (N.M. Ct. App. 1987). “2d 893 -94; see Alaska Stat. § 11.46.350 (a) (1986). Consideration was given to the likelihood that the type of entry charged would terrorize occupants.”
United States v. Nikos Delano Dorsey, 418 F.3d 1038 (9th Cir. 2005). “]” Alaska Stat. § 11.46.350 (a)(2). The Alaska Court of Appeals has interpreted this statute in the context of public property: A person can not be convicted under AS 11.”
Hammock v. State, 52 P.3d 746 (Alaska Ct. App. 2002). “See AS 11.46.350, which provides: Definition.”
Turney v. State, 936 P.2d 533 (Alaska 1997). “’" This language is actually contained in a definitional statute, AS 11.46.350(a)(2).”
Johnson v. State, 739 P.2d 781 (Alaska Ct. App. 1987). “Relevant to an interpretation of the meaning of this statute is AS 11.46.350, which provides in part: Definition, (a) As used in AS 11.”
Pushruk v. State, 780 P.2d 1044 (Alaska Ct. App. 1989). “Under AS 11.46.350(a), “remain unlawfully” means to: (1) enter or remain in or upon premises or in a propelled vehicle when the premises or propelled vehicle, at the time of the entry or remaining, is not open to the public and when the defendant is not otherwise privileged to…”
Braaten v. State, 705 P.2d 1311 (Alaska Ct. App. 1985). “300; AS 11.46.350(a)(1). In Juneby I, we rejected a finding that Juneby's conduct was among the most serious within the contemplation of the offense.”
Plant v. State, 724 P.2d 536 (Alaska Ct. App. 1986). “AS 11.46.350(a) reads in pertinent part: "[E]nter or remain unlawfully" means to (1) enter or remain in or upon premises or in a propelled vehicle when the premises or propelled vehicle, at the time of entry or remaining, is not open to the public and when the defendant is not…”
— Alaska Stat. § 11.46.350(a) — 5 cases
Arabie v. State, 699 P.2d 890 (Alaska Ct. App. 1985). “900(b)(3) should be distinguished from its use of “premises” in AS 11.46.350. According to the state, this distinction creates sufficient ambiguity to permit a judicial gloss on the terminology, broadening the meaning of “premises” to include all restricted areas in a public…”
Pushruk v. State, 780 P.2d 1044 (Alaska Ct. App. 1989). “Under AS 11.46.350(a), “remain unlawfully” means to: (1) enter or remain in or upon premises or in a propelled vehicle when the premises or propelled vehicle, at the time of the entry or remaining, is not open to the public and when the defendant is not otherwise privileged to…”
Hammock v. State, 52 P.3d 746 (Alaska Ct. App. 2002). “See AS 11.46.350, which provides: Definition.”
Whalen v. Whalen, 425 P.3d 150 (Alaska 2018).
Plant v. State, 724 P.2d 536 (Alaska Ct. App. 1986). “AS 11.46.350(a) reads in pertinent part: "[E]nter or remain unlawfully" means to (1) enter or remain in or upon premises or in a propelled vehicle when the premises or propelled vehicle, at the time of entry or remaining, is not open to the public and when the defendant is not…”
— Alaska Stat. § 11.46.350(a)(1) — 9 cases
Moore v. State, 123 P.3d 1081 (Alaska Ct. App. 2005). “[23] AS 11.46.350(a)(1). [24] 943 S.W.2d 616 (Ky.”
Timothy W. v. Julia M., 403 P.3d 1095 (Alaska 2017). “See AS 11.46.350 (defining "enter or remain unlawfully” for purposes of criminal trespass to include situations where a person "enter[s] or remain[s] in or upon premises .”
Braaten v. State, 705 P.2d 1311 (Alaska Ct. App. 1985). “300; AS 11.46.350(a)(1). In Juneby I, we rejected a finding that Juneby's conduct was among the most serious within the contemplation of the offense.”
Wesolic v. State, 837 P.2d 130 (Alaska Ct. App. 1992).
Turney v. State, 922 P.2d 283 (Alaska Ct. App. 1996). “AS 11.46.350(a)(1). The trial judge in Turney’s case ruled that Turney could not be convicted under this section because Turney conducted his protest activities during normal business hours when the courthouse and its surrounding grounds were open to the public.”
— Alaska Stat. § 11.46.350(a)(2) — 6 cases
Turney v. State, 922 P.2d 283 (Alaska Ct. App. 1996). “AS 11.46.350(a)(1). The trial judge in Turney’s case ruled that Turney could not be convicted under this section because Turney conducted his protest activities during normal business hours when the courthouse and its surrounding grounds were open to the public.”
Timothy W. v. Julia M., 403 P.3d 1095 (Alaska 2017). “See AS 11.46.350 (defining "enter or remain unlawfully” for purposes of criminal trespass to include situations where a person "enter[s] or remain[s] in or upon premises .”
Turney v. State, 936 P.2d 533 (Alaska 1997). “’" This language is actually contained in a definitional statute, AS 11.46.350(a)(2).”
Johnson v. State, 739 P.2d 781 (Alaska Ct. App. 1987). “Relevant to an interpretation of the meaning of this statute is AS 11.46.350, which provides in part: Definition, (a) As used in AS 11.”
Timothy W. v. Julia M. (Alaska 2017).
— Alaska Stat. § 11.46.350(a)(l) — 1 case
Turney v. State, 922 P.2d 283 (Alaska Ct. App. 1996). “AS 11.46.350(a)(1). The trial judge in Turney’s case ruled that Turney could not be convicted under this section because Turney conducted his protest activities during normal business hours when the courthouse and its surrounding grounds were open to the public.”
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