(a) A person commits the crime of offering a false instrument for recording in the second degree if

Attorney's Note

Under the Alaska Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class A misdemeanorup to 1 yearup to $25,000
For details, see Alaska Stat. § 12.55.135
criminal case

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Terms Used In Alaska Statutes 11.46.560

  • action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • property: includes real and personal property. See Alaska Statutes 01.10.060
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
  • Statute: A law passed by a legislature.
  • writing: includes printing. See Alaska Statutes 01.10.060
(1) under Alaska Stat. Chapter 40.17, the person presents a lien to the recorder for registration, filing, or recording with reckless disregard that the lien is not

(A) provided for by a specific state or federal statute or municipal ordinance; or
(B) a lien imposed or authorized by a court recognized under state or federal law;
(2) under a law authorizing the receipt and filing of a document, the person presents a lien to a department or person having responsibility to accept a lien for filing with reckless disregard that the lien is not

(A) provided for by a specific state or federal statute or municipal ordinance; or
(B) a lien imposed or authorized by a court recognized under state or federal law; or
(3) the person presents to the recorder a notice of the pendency of an action affecting title to real property or the right to possession of real property with reckless disregard of the fact that the action specified does not concern the title to or right to possession of the real property referred to in the notice, or with reckless disregard of the fact that there is no pending action concerning the title to or right to possession of the real property referred to in the notice.
(b) In a prosecution under (a) of this section, it is an affirmative defense that the owner of the property affected has consented in writing to the lien or the filing of the notice.
(c) In this section,

(1) “lien” means an encumbrance on property as security for the payment of a debt;
(2) “recorder” means the commissioner of the Department of Natural Resources or the person designated by the commissioner of natural resources to perform the duties set out in Alaska Stat. Chapter 40.17.
(d) Offering a false instrument for recording in the second degree is a class A misdemeanor.
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