Alaska Statutes
Alaska Stat. § 11.46.360 (2026)
Vehicle theft in the first degree
✓ current as of July 2026
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Sec. 11.46.360. Vehicle theft in the first degree.
(a) A person commits the crime of vehicle theft in the first degree if, having no right to do so or any reasonable ground to believe the person has such a right, the person drives, tows away, or takes
(1) the car, truck, motorcycle, motor home, bus, aircraft, or watercraft of another;
(2) the propelled vehicle of another and
(A) the vehicle or any other property of another is damaged in a total amount of $750 or more;
(B) the owner incurs reasonable expenses as a result of the loss of use of the vehicle, in a total amount of $750 or more; or
(C) the owner is deprived of the use of the vehicle for seven days or more;
(3) the propelled vehicle of another and the vehicle is marked as a police or emergency vehicle; or
(4) the propelled vehicle of another and, within the preceding seven years, the person was convicted under
(A) this section or AS 11.46.365;
(B) former AS 11.46.482(a)(4) or (5);
(C) former AS 11.46.484(a)(2);
(D) AS 11.46.120 — 11.46.140 of an offense involving the theft of a propelled vehicle; or
(E) a law or ordinance of this or another jurisdiction with elements substantially similar to those of an offense described in (A) — (D) of this paragraph.
(b) In this section,
(1) “aircraft” has the meaning given in AS 02.15.260;
(2) “all-terrain vehicle” means a propelled vehicle that has three or more wheels or two or more tracks or treads, is less than 75 inches in width, has a dry weight of 800 pounds or less, is equipped with low pressure tires or rubberized or metal tracks or treads, and is designed primarily for travel over unimproved terrain;
(3) “motorcycle” means a vehicle having a seat or saddle for the use of the rider, designed to travel on not more than three wheels in contact with the ground, and having an engine with more than 50 cubic centimeters of displacement; “motorcycle” does not include a tractor or an “all-terrain vehicle”;
(4) “watercraft” means a propelled vehicle used or capable of being used as a means of transportation, for recreational or commercial purposes, on water; in this paragraph, “watercraft” does not include a shallow draft propelled vehicle not more than 12 feet in length with an inboard motor powering a water jet pump as its primary means of propulsion that is designed to carry not more than two persons who sit, stand, or kneel on the vehicle.
(c) Vehicle theft in the first degree is a class C felony.
(a) A person commits the crime of vehicle theft in the first degree if, having no right to do so or any reasonable ground to believe the person has such a right, the person drives, tows away, or takes
(1) the car, truck, motorcycle, motor home, bus, aircraft, or watercraft of another;
(2) the propelled vehicle of another and
(A) the vehicle or any other property of another is damaged in a total amount of $750 or more;
(B) the owner incurs reasonable expenses as a result of the loss of use of the vehicle, in a total amount of $750 or more; or
(C) the owner is deprived of the use of the vehicle for seven days or more;
(3) the propelled vehicle of another and the vehicle is marked as a police or emergency vehicle; or
(4) the propelled vehicle of another and, within the preceding seven years, the person was convicted under
(A) this section or AS 11.46.365;
(B) former AS 11.46.482(a)(4) or (5);
(C) former AS 11.46.484(a)(2);
(D) AS 11.46.120 — 11.46.140 of an offense involving the theft of a propelled vehicle; or
(E) a law or ordinance of this or another jurisdiction with elements substantially similar to those of an offense described in (A) — (D) of this paragraph.
(b) In this section,
(1) “aircraft” has the meaning given in AS 02.15.260;
(2) “all-terrain vehicle” means a propelled vehicle that has three or more wheels or two or more tracks or treads, is less than 75 inches in width, has a dry weight of 800 pounds or less, is equipped with low pressure tires or rubberized or metal tracks or treads, and is designed primarily for travel over unimproved terrain;
(3) “motorcycle” means a vehicle having a seat or saddle for the use of the rider, designed to travel on not more than three wheels in contact with the ground, and having an engine with more than 50 cubic centimeters of displacement; “motorcycle” does not include a tractor or an “all-terrain vehicle”;
(4) “watercraft” means a propelled vehicle used or capable of being used as a means of transportation, for recreational or commercial purposes, on water; in this paragraph, “watercraft” does not include a shallow draft propelled vehicle not more than 12 feet in length with an inboard motor powering a water jet pump as its primary means of propulsion that is designed to carry not more than two persons who sit, stand, or kneel on the vehicle.
(c) Vehicle theft in the first degree is a class C felony.
Notes of Decisions
Cited in 19
cases (4 in the last 5 years), 1998–2025 · leading case: Eppenger v. State, 966 P.2d 995 (Alaska Ct. App. 1998).
Eppenger v. State, 966 P.2d 995 (Alaska Ct. App. 1998). “Tracking the history of AS 11.46.360 and the amendments to the statute is helpful in determining what conduct the legislature intended to criminalize when it enacted the disputed statute.”
Eide v. State, 168 P.3d 499 (Alaska Ct. App. 2007). “Based on the wording of this statute, and based on the descriptions of the intended scope of this statute in both the official legislative commentary and the Criminal Code Subcommission's commentary to the draft statute, I conclude that Eide's conduct (even viewed in the light…”
Vandergriff v. State, 125 P.3d 360 (Alaska Ct. App. 2005). “Accordingly, I concur with my colleagues that a defendant has no right to have a jury decide the sentencing question posed by Neal .”
Lindbo v. Colaska, Inc., 414 P.3d 646 (Alaska 2018). “2d 1164 , 1171 (Alaska 1998) ("[C]onclusory briefing of [a] point would warrant a finding of abandonment.”
Dobberke v. State, 40 P.3d 1244 (Alaska Ct. App. 2002). “The statute does not apply to mere failure to pay a debt, and therefore, the statute is not overbroad.”
Walsh v. State, 134 P.3d 366 (Alaska Ct. App. 2006). “However, we VACATE the sentence that Walsh received for leaving the scene of an accident, and we remand Walsh’s case to the superior court for resentencing, consistent with this opinion.”
Ardinger v. Hummell, 982 P.2d 727 (Alaska 1999). “This offense is now codified at AS 11.46.360(a)(2). 29 . Normandy also notes without further explanation that “Joshua's conduct was compounded by the fact that he was driving without a license, a misdemeanor.”
Rogers v. State, 280 P.3d 582 (Alaska Ct. App. 2012). “" Because Rogers has not shown that the prosecutor made any improper argument that undermined the fairness of his trial, we find no merit to his claim that his convictions should be reversed based on the cumulative prejudice of the prosecutor's remarks.”
Buckwalter v. State, 23 P.3d 81 (Alaska Ct. App. 2001). “The case is REMANDED for the superior court to reconsider Buckwalter's sentence in light of our conclusion that the superior court erroneously found an aggravating factor. We do not retain jurisdiction.”
Allridge v. State, 969 P.2d 644 (Alaska Ct. App. 1998). “2 The flaw in Allridge’s argument is that “vehicle theft” as defined in AS 11.46.360(a)is not the same thing as “theft” of a motor vehicle as defined in AS 11.”
State v. Garrison, 128 P.3d 741 (Alaska Ct. App. 2006). “Even if Judge Wolverton erred when he concluded that Garrison was not in custody, (and we are not convinced that this conclusion is erroneous) the police advised Garrison of his Miranda rights at the police station, and Garrison waived those rights. Conclusion We REVERSE the…”
Jason A. Dixon v. State of Alaska, 553 P.3d 1273 (Alaska Ct. App. 2024). “On remand, the 1 AS 11.46.360(a)(1), AS 28.35.182(a)(1), AS 11.”
— Alaska Stat. § 11.46.360(a) — 4 cases
Lindbo v. Colaska, Inc., 414 P.3d 646 (Alaska 2018). “2d 1164 , 1171 (Alaska 1998) ("[C]onclusory briefing of [a] point would warrant a finding of abandonment.”
Eppenger v. State, 966 P.2d 995 (Alaska Ct. App. 1998). “Tracking the history of AS 11.46.360 and the amendments to the statute is helpful in determining what conduct the legislature intended to criminalize when it enacted the disputed statute.”
Allridge v. State, 969 P.2d 644 (Alaska Ct. App. 1998). “2 The flaw in Allridge’s argument is that “vehicle theft” as defined in AS 11.46.360(a)is not the same thing as “theft” of a motor vehicle as defined in AS 11.”
Dobberke v. State, 40 P.3d 1244 (Alaska Ct. App. 2002). “The statute does not apply to mere failure to pay a debt, and therefore, the statute is not overbroad.”
— Alaska Stat. § 11.46.360(a)(1) — 16 cases
Eide v. State, 168 P.3d 499 (Alaska Ct. App. 2007). “Based on the wording of this statute, and based on the descriptions of the intended scope of this statute in both the official legislative commentary and the Criminal Code Subcommission's commentary to the draft statute, I conclude that Eide's conduct (even viewed in the light…”
Vandergriff v. State, 125 P.3d 360 (Alaska Ct. App. 2005). “Accordingly, I concur with my colleagues that a defendant has no right to have a jury decide the sentencing question posed by Neal .”
Eppenger v. State, 966 P.2d 995 (Alaska Ct. App. 1998). “Tracking the history of AS 11.46.360 and the amendments to the statute is helpful in determining what conduct the legislature intended to criminalize when it enacted the disputed statute.”
Walsh v. State, 134 P.3d 366 (Alaska Ct. App. 2006). “However, we VACATE the sentence that Walsh received for leaving the scene of an accident, and we remand Walsh’s case to the superior court for resentencing, consistent with this opinion.”
Dobberke v. State, 40 P.3d 1244 (Alaska Ct. App. 2002). “The statute does not apply to mere failure to pay a debt, and therefore, the statute is not overbroad.”
— Alaska Stat. § 11.46.360(a)(2) — 1 case
Ardinger v. Hummell, 982 P.2d 727 (Alaska 1999). “This offense is now codified at AS 11.46.360(a)(2). 29 . Normandy also notes without further explanation that “Joshua's conduct was compounded by the fact that he was driving without a license, a misdemeanor.”
— Alaska Stat. § 11.46.360(c) — 2 cases
Smith v. State, 187 P.3d 511 (Alaska Ct. App. 2008).
State v. Herrmann, 140 P.3d 895 (Alaska Ct. App. 2006).
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