Alaska Statutes
Alaska Stat. § 11.46.486 (2026)
Criminal mischief in the fifth degree
✓ current as of July 2026
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Sec. 11.46.486. Criminal mischief in the fifth degree.
(a) A person commits the crime of criminal mischief in the fifth degree if, having no right to do so or any reasonable ground to believe the person has such a right,
(1) with reckless disregard for the risk of harm to or loss of the property or with intent to cause substantial inconvenience to another, the person tampers with property of another;
(2) with intent to damage property of another, the person damages property of another in an amount less than $250; or
(3) the person rides in a propelled vehicle and, with criminal negligence, disregards the fact that it has been stolen or that it is being used in violation of AS 11.46.360 or 11.46.365(a)(1).
(b) Criminal mischief in the fifth degree is a class B misdemeanor.
(a) A person commits the crime of criminal mischief in the fifth degree if, having no right to do so or any reasonable ground to believe the person has such a right,
(1) with reckless disregard for the risk of harm to or loss of the property or with intent to cause substantial inconvenience to another, the person tampers with property of another;
(2) with intent to damage property of another, the person damages property of another in an amount less than $250; or
(3) the person rides in a propelled vehicle and, with criminal negligence, disregards the fact that it has been stolen or that it is being used in violation of AS 11.46.360 or 11.46.365(a)(1).
(b) Criminal mischief in the fifth degree is a class B misdemeanor.
Notes of Decisions
Cited in 12
cases (2 in the last 5 years), 1991–2025 · leading case: Stephanie F. v. George C., 270 P.3d 737 (Alaska 2012).
Stephanie F. v. George C., 270 P.3d 737 (Alaska 2012). “At the outset, we reject the suggestion that ownership of a door determines whether punching a hole in it during an argument, in the presence of one's spouse, can constitute domestic violence. Placing another person in fear of imminent physical injury "by words or other conduct"…”
Bingaman v. State, 76 P.3d 398 (Alaska Ct. App. 2003). “The intoxicated roommate has committed the listed offense of fourth-degree eriminal mischief under AS 11.46.486(2)(1) (tampering with the property of another with reckless disregard for the risk of harm or loss), and all of the former college roommates are "household members"…”
Cooper v. Dist. Court, 133 P.3d 692 (Alaska Ct. App. 2006). “Similarly, if a group of former college roommates decide to hold a twenty-year reunion at one of their homes, and if one of the visiting former roommates gets drunk and recklessly jams his friend’s CD player while trying to insert a CD into it, this roommate has seemingly just…”
Carpentino v. State, 42 P.3d 1137 (Alaska Ct. App. 2002). “The intoxicated roommate has committed the listed offense of fourth-degree criminal mischief under - AS 11.46.486(a)(1) (tampering with the property of another with reckless disregard for the risk of harm or loss), and all of the former college roommates are "household members"…”
Tofelogo v. State, 408 P.3d 1215 (Alaska Ct. App. 2017). “The intoxicated roommate has committed the listed offense of fourth-degree criminal mischief under AS 11.46.486(a)(1) (tampering with the property of another with reckless disregard for the risk of harm or loss), and all of the former college roommates are “household members”…”
State v. Campbell, 198 P.3d 1170 (Alaska Ct. App. 2008). “[4] AS 11.46.486(a). [5] AS 28.10.481. [6] 999 P.”
Willett v. State, 826 P.2d 1142 (Alaska Ct. App. 1992). “484 (creating the class A misdemeanor of criminal mischief in the third degree for cases in which damage amounts to $50 or more); AS 11.46.486 (creating the class B misdemeanor of criminal mischief in the fourth degree for cases in which damage amounts to less than $50).”
Hoople v. State, 985 P.2d 1004 (Alaska Ct. App. 1999). “See AS 11.46.486(a)(2) and AS 11.46.482(a)(1).”
Coleman v. State, 407 P.3d 502 (Alaska Ct. App. 2017). “However, his birth name appears to be James Kevin Coleman, and he was referred to as "James Kevin Coleman” at trial.”
Noblit v. State, 808 P.2d 280 (Alaska Ct. App. 1991). “484 (third-degree malicious mischief— $50 or more), AS 11.46.486 (fourth-degree malicious mischief — less than $50).”
Derek James Saclamana v. State of Alaska, 556 P.3d 1205 (Alaska Ct. App. 2024). “250, and one count of fifth-degree criminal mischief under AS 11.46.486(a)(2). 4 AS 11.41.220(a)(5).”
John M. v. Michelle M. (Alaska 2025). “”48 Michelle argues that even if the court had found that she committed multiple acts of domestic violence, it did not abuse its discretion because there is sufficient evidence in the record to support its decision not to apply the rebuttable presumption against her.”
— Alaska Stat. § 11.46.486(2)(1) — 1 case
Bingaman v. State, 76 P.3d 398 (Alaska Ct. App. 2003). “The intoxicated roommate has committed the listed offense of fourth-degree eriminal mischief under AS 11.46.486(2)(1) (tampering with the property of another with reckless disregard for the risk of harm or loss), and all of the former college roommates are "household members"…”
— Alaska Stat. § 11.46.486(a) — 1 case
State v. Campbell, 198 P.3d 1170 (Alaska Ct. App. 2008). “[4] AS 11.46.486(a). [5] AS 28.10.481. [6] 999 P.”
— Alaska Stat. § 11.46.486(a)(1) — 3 cases
Cooper v. Dist. Court, 133 P.3d 692 (Alaska Ct. App. 2006). “Similarly, if a group of former college roommates decide to hold a twenty-year reunion at one of their homes, and if one of the visiting former roommates gets drunk and recklessly jams his friend’s CD player while trying to insert a CD into it, this roommate has seemingly just…”
Carpentino v. State, 42 P.3d 1137 (Alaska Ct. App. 2002). “The intoxicated roommate has committed the listed offense of fourth-degree criminal mischief under - AS 11.46.486(a)(1) (tampering with the property of another with reckless disregard for the risk of harm or loss), and all of the former college roommates are "household members"…”
Tofelogo v. State, 408 P.3d 1215 (Alaska Ct. App. 2017). “The intoxicated roommate has committed the listed offense of fourth-degree criminal mischief under AS 11.46.486(a)(1) (tampering with the property of another with reckless disregard for the risk of harm or loss), and all of the former college roommates are “household members”…”
— Alaska Stat. § 11.46.486(a)(2) — 4 cases
Stephanie F. v. George C., 270 P.3d 737 (Alaska 2012). “At the outset, we reject the suggestion that ownership of a door determines whether punching a hole in it during an argument, in the presence of one's spouse, can constitute domestic violence. Placing another person in fear of imminent physical injury "by words or other conduct"…”
Hoople v. State, 985 P.2d 1004 (Alaska Ct. App. 1999). “See AS 11.46.486(a)(2) and AS 11.46.482(a)(1).”
Coleman v. State, 407 P.3d 502 (Alaska Ct. App. 2017). “However, his birth name appears to be James Kevin Coleman, and he was referred to as "James Kevin Coleman” at trial.”
Derek James Saclamana v. State of Alaska, 556 P.3d 1205 (Alaska Ct. App. 2024). “250, and one count of fifth-degree criminal mischief under AS 11.46.486(a)(2). 4 AS 11.41.220(a)(5).”
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