(a) A person commits theft by deception if, 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 by deception.
(b) In a prosecution based on theft by deception, if the state seeks to prove that the defendant used deception by promising performance which the defendant did not intend to perform or knew would not be performed, that intent or knowledge may not be established solely by or inferred solely from the fact that the promise was not performed.
(c) As used in this section, “deception” has the meaning ascribed to it in AS 11.81.900 but does not include falsity as to matters having no pecuniary significance or “puffing” by statements unlikely to deceive reasonable persons in the group addressed.
Structure Alaska Statutes
Chapter 46. Offenses Against Property
Article 1. Theft and Related Offenses.
Sec. 11.46.100. Theft defined.
Sec. 11.46.110. Consolidation of theft offenses: Pleading and proof.
Sec. 11.46.120. Theft in the first degree.
Sec. 11.46.130. Theft in the second degree.
Sec. 11.46.140. Theft in the third degree.
Sec. 11.46.150. Theft in the fourth degree.
Sec. 11.46.160. Theft of lost or mislaid property.
Sec. 11.46.180. Theft by deception.
Sec. 11.46.190. Theft by receiving.
Sec. 11.46.200. Theft of services.
Sec. 11.46.210. Theft by failure to make required disposition of funds received or held.
Sec. 11.46.220. Concealment of merchandise.
Sec. 11.46.230. Reasonable detention as defense.
Sec. 11.46.260. Removal of identification marks.
Sec. 11.46.270. Unlawful possession.
Sec. 11.46.280. Issuing a bad check.
Sec. 11.46.285. Fraudulent use of an access device or identification document.
Sec. 11.46.290. Obtaining an access device or identification document by fraudulent means.