In Dobberke v. State, 40 P.3d 1244, 1246 (Alaska App. 2002), the defendant had retained a rental vehicle beyond the term of the rental agreement. The Court held that "the judge should have specifically instructed the jury that Dobberke's initial taking of the vehicle had to be trespassory to convict him of first-degree vehicle theft." Otherwise there is a substantial overlap between this crime and the misdemeanor crime of second-degree vehicle theft, which applies to circumstances where a person retains a rental vehicle beyond the term of the rental agreement.