Alaska Theft Laws: $750 Felony Threshold, Penalties and Shoplifting

In Alaska, theft becomes a felony when the property or services are worth "$750 or more." That is theft in the second degree, a class C felony under AS 11.46.130, and exactly $750 is on the felony side of the line. Shoplifting can be charged as theft or as the separate crime of concealment of merchandise (AS 11.46.220), which uses the same $750 felony line. For other states, see our guide to theft laws by state.

Information last verified on 2026-10-14. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Alaska state theft law in AS 11.46.100 through 11.46.295 and the general provisions in AS 11.46.980 through 11.46.990, vehicle theft (AS 11.46.360 and 11.46.365), the sentencing statutes AS 12.55.035, 12.55.125, 12.55.135 and 12.55.155, the civil shoplifting statute AS 09.68.110, and, only where it reaches store theft, burglary under AS 11.46.310. It does not cover federal theft offenses, municipal ordinances, robbery, burglary generally, or identity theft and fraud schemes, which have their own pages linked below.

What counts as theft in Alaska

Alaska folds several kinds of taking into one crime. Under AS 11.46.100, "A person commits theft if (1) with intent to deprive another of property or to appropriate property of another to oneself or a third person, the person obtains the property of another." The same section also makes it theft to commit theft of lost or mislaid property, theft by deception, theft by receiving, theft of services, or theft by failure to make required disposition of funds received or held (AS 11.46.100(2) to (6)).

AS 11.46.110(a) then provides that "Each instance of conduct defined as theft under AS 11.46.100 constitutes theft in the first, second, third, or fourth degree." Alaska law does not use the terms petty theft or grand theft; the degree depends on the value and type of property.

"Deprive" is defined for the whole chapter, "unless the context requires otherwise," to include withholding property of another "permanently or for so extended a period or under such circumstances that the major portion of its economic value or benefit is lost to that person" (AS 11.46.990(8)).

Theft degrees, value thresholds and penalties

The prison terms come from AS 12.55.125(d) and (e) for felonies and AS 12.55.135(a) and (b) for misdemeanors; the fine maximums for a defendant who is not an organization come from AS 12.55.035(b).

Felony sentences in Alaska are also bounded by presumptive ranges. For a class C felony, a first felony conviction carries a presumptive range of "zero to two years," a second "two to four years," and a third "three to five years" (AS 12.55.125(e)). For a class B felony, a first felony conviction (outside listed special cases) carries "one to three years," a second "three to seven years," and a third "six to 10 years" (AS 12.55.125(d)). These presumptive ranges are "subject to adjustment as provided in AS 12.55.155 - 12.55.175." Under AS 12.55.155(a)(1), where the low end of the presumptive range is four years or less, the court "may increase the active term of imprisonment up to the maximum term of imprisonment for factors in aggravation." These are statutory ranges, not a prediction of any sentence, and a lawyer licensed in Alaska can explain how they apply to a particular record.

Felony theft regardless of value

AS 11.46.130(a) makes theft a class C felony at any value when:

• "the property is a firearm or explosive";
• "the property is taken from the person of another";
• "the property is taken from a vessel and is vessel safety or survival equipment";
• "the property is taken from an aircraft and the property is aircraft safety or survival equipment"; or
• "the property is an access device or identification document."

Taking mail is theft in the third degree, a class A misdemeanor, whatever its value (AS 11.46.140(a)(5)). This mail provision was added by HB 239 (chapter 9, SLA 2026) and applies to offenses committed on or after July 1, 2026; an earlier mail theft is graded under the other rules on this page, such as value.

Repeat theft convictions

Prior convictions can raise the degree:

• $250 or more but less than $750 becomes a felony when, "within the preceding five years, the person has been convicted and sentenced on two or more separate occasions in this or another jurisdiction" of first-degree theft, second-degree theft, third-degree theft by value under AS 11.46.140(a)(1), or felony or class A misdemeanor concealment of merchandise, or an offense under another law or ordinance with similar elements (AS 11.46.130(a)(6)).
• Under $250 becomes a class A misdemeanor when, "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" (AS 11.46.140(a)(4)).

For these repeat provisions, AS 11.46.295 counts an older Alaska conviction even if it carried a lower value threshold than current law, counts out-of-state and ordinance convictions with similar elements, and treats the date of a prior conviction "as occurring on the date that sentence is imposed for the prior offense."

How value is measured and added together

Value "is the market value of the property at the time and place of the crime unless otherwise specified or, if the market value cannot reasonably be ascertained, the cost of replacement of the property within a reasonable time after the crime" (AS 11.46.980(a)). For a check or other evidence of debt, the value "is the amount due or collected on the instrument" (AS 11.46.980(b)(1)).

Alaska has two aggregation rules in AS 11.46.980:

• One course of conduct (mandatory). "amounts involved in criminal acts committed under one course of conduct, whether from the same person or several persons, shall be aggregated" (subsection (c)).
• 180 days (permissive, felony band only). "if the combined value of the property or services taken from one or more persons or commercial establishments within a period of 180 days is $750 or more but less than $25,000, the value may be aggregated" (subsection (e)).

AS 11.46.982 is titled "Adjustment for inflation increasing the value of property or services as an element of an offense," but the official online text of the Alaska Statutes shows only that heading, with no operative text beneath it. The dollar thresholds on this page are the figures printed in the current text of AS 11.46.120 to 11.46.150 and 11.46.220.

Shoplifting in Alaska: concealment of merchandise

Alaska has a separate shoplifting crime. Under AS 11.46.220(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." Unpurchased merchandise found concealed on or about the person "is prima facie evidence of a knowing concealment" (AS 11.46.220(b)). Taking merchandise out of the store can also be charged as theft under AS 11.46.100.

Concealment of merchandise is graded by AS 11.46.220(c):

The same class ranges in AS 12.55.125, 12.55.135 and 12.55.035 apply. Chapter 11.46 has no separate organized retail theft offense; repeated takings from stores within 180 days can be aggregated under AS 11.46.980(e), as described above.

Burglary. Under AS 11.46.310(a), "A person commits the crime of burglary in the second degree if the person enters or remains unlawfully in a building with intent to commit a crime in the building," a class C felony. For burglary, "enter or remain unlawfully" means entering or remaining in premises "not open to the public" when the person "is not otherwise privileged to do so," or failing "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" (AS 11.46.350(a)). Burglary is otherwise outside the scope of this page.

Can an Alaska store detain someone suspected of shoplifting?

Alaska frames the merchant rule as a defense. In a civil or criminal action brought by a person detained in or near a store for questioning about merchandise, "it is a defense that (1) the person was detained in a reasonable manner and for not more than a reasonable time to permit investigation or questioning by a peace officer or by the owner of the commercial establishment or the owner's agent; and (2) the peace officer, owner, or owner's agent had probable cause to believe that the person detained was committing or attempting to commit concealment of merchandise or theft from the commercial establishment" (AS 11.46.230(a)). A "reasonable time" is "the time necessary to permit the person detained to make a statement or refuse to make a statement, and any additional time necessary to examine employees and records of the commercial establishment relative to the ownership of the merchandise" (AS 11.46.230(b)).

Civil penalties: can a store demand money after shoplifting?

AS 09.68.110 lets a store sue for shoplifting separately from any criminal case:

• Adults and emancipated minors are liable for "(1) actual damages; (2) a penalty equal to the retail value of the merchandise or $1,000, whichever is less; and (3) a penalty of not less than $100 nor more than $200" (subsection (a)).
• A person having legal custody of an unemancipated minor is liable for "a penalty equal to the retail value of the merchandise or $500, whichever is less" and "a penalty of not less than $100 nor more than $200" (subsection (b)).
• Written demand first. "It is a condition precedent to maintaining an action under this section that the owner or seller of the merchandise send a notice demanding the relief authorized to the defendant by first class mail at the defendant's last known address 15 days or more before the action is commenced" (subsection (c)).
• No charge or conviction needed. "It is not a condition precedent to maintaining an action under this section that the person who shoplifted merchandise was charged or convicted under any statute or ordinance" (subsection (c)).
• Attorney fees. Liability under the section "is in addition to liability for an award of reasonable attorney fees that may be made to the prevailing party in a civil action under Rule 82, Alaska Rules of Civil Procedure" (subsection (g)).
• Assignment. "Judgments, but not claims, arising under this section may be assigned" (subsection (d)).

For the civil statute, a person "shoplifts" by removing unpurchased merchandise from the premises, knowingly concealing it while still on the premises, or knowingly substituting or altering "a price ticket in order to pay less than the indicated retail price," in each case "without authority and with intent to deprive the owner of the merchandise" (subsection (e)). The statute sets what a store can recover; it does not say how any particular demand letter should be answered. A lawyer licensed in Alaska can advise on a specific letter.

Other theft offenses with their own grades

These sections of chapter 11.46 set their own grades instead of the four theft degrees:

The access device statute has the lowest felony line in the chapter: $75, not $750.

Recent changes

HB 239 (chapter 9, SLA 2026) amended AS 11.46.140(a) to add a fifth ground for theft in the third degree, "the property is mail," and added definitions in AS 11.46.140(c). The act takes effect July 1, 2026, and the amended subsection applies "to offenses committed on or after" that date. The dollar thresholds of $250, $750 and $25,000 were not changed by that section.

Related legal issues

Theft by deception and bad checks overlap with fraud, covered in Alaska scam and fraud laws. Misuse of another person's identification documents and access devices is also covered in Alaska identity theft laws. Clearing a theft record is covered in Alaska expungement laws, and time limits for charges are in the Alaska statute of limitations.

Federal theft offenses are covered on our theft laws by state hub.

Related

• Theft laws by state
• Alaska scam and fraud laws
• Alaska identity theft laws
• Alaska expungement laws
• Alaska statute of limitations

This page provides general legal information about Alaska theft statutes as of October 14, 2026. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Alaska.

Last updated: 2026-10-14.

Frequently Asked Questions

What is the felony theft amount in Alaska?

Theft is a felony in Alaska when the property or services are worth $750 or more, which is theft in the second degree, a class C felony (AS 11.46.130). At $25,000 or more it is theft in the first degree, a class B felony (AS 11.46.120).

Is stealing $750 a felony in Alaska?

Yes. AS 11.46.130(a)(1) uses the words $750 or more, so property worth exactly $750 falls in theft in the second degree, a class C felony. Property worth $250 or more but less than $750 is theft in the third degree, a class A misdemeanor, unless the person has two qualifying prior convictions in five years.

What is petty theft in Alaska?

Alaska law does not use the term petty theft. Theft of property or services worth less than $250 is theft in the fourth degree, a class B misdemeanor punishable by up to 90 days and a fine up to $2,000 (AS 11.46.150, 12.55.135(b), 12.55.035(b)).

Is shoplifting a felony in Alaska?

It can be. Concealment of merchandise is a class C felony when the merchandise is worth $750 or more, is a firearm, or is worth $250 or more but less than $750 and the person has two qualifying prior convictions in five years (AS 11.46.220(c)(1)). Entering a building that is not open to the public, or staying after being directed to leave, with intent to commit a crime can be second-degree burglary, a class C felony (AS 11.46.310, 11.46.350).

How much can a store charge for shoplifting in Alaska?

Under AS 09.68.110, an adult is liable for actual damages, a penalty equal to the retail value or $1,000, whichever is less, and a further penalty of $100 to $200. The store must mail a written demand at least 15 days before suing, and no criminal charge or conviction is required.

Are parents liable when a child shoplifts in Alaska?

A person with legal custody of an unemancipated minor who shoplifts is liable for a penalty equal to the retail value or $500, whichever is less, plus a penalty of $100 to $200 (AS 09.68.110(b)).

Can multiple thefts be added together in Alaska?

Amounts taken under one course of conduct must be added together (AS 11.46.980(c)). Separate takings within 180 days may be added together if the combined value is $750 or more but less than $25,000 (AS 11.46.980(e)).