Title 12 — Code of Criminal Procedure
26 chapters · 362 sections in this title.
AS 12.45.010 Formation of trial jury.
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The qualification, disqualification, and exemption of jurors, the preparation of jury lists, and the composition of jury panel in criminal actions are the same as provided in civil actions.
AS 12.45.015 Introduction of victim and defendant to jury.
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(a) During jury selection or as part of an opening statement at trial, the prosecuting attorney may introduce the victim to the jury, and the attorney for the defendant may introduce the defendant to the jury. (b) In this section, “victim” has the meaning given in AS 12.55.185.
AS 12.45.018 Juror counseling following graphic evidence or testimony.
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Article 2. Discovery, Testimony, and Evidence. (a) The trial judge may offer not more than 10 hours of post-trial psychological counseling, without charge, to a juror or an alternate juror who serves on a trial jury in a trial involving extraordinarily graphic, gruesome, or emoti…
AS 12.45.020 Conviction on testimony of accomplice and corroboration.
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A conviction shall not be had on the testimony of an accomplice unless it is corroborated by other evidence that tends to connect the defendant with the commission of the crime; and the corroboration is not sufficient if it merely shows the commission of the crime or the circumst…
AS 12.45.030 Necessary evidence for false pretenses. [Repealed, § 21 ch 166 SLA 1978.]
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[Repealed or reserved.]
AS 12.45.035 Admissibility of DNA profiles.
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(a) In a criminal action or proceeding, evidence of a DNA profile is admissible to prove or disprove any relevant fact, if the court finds that the technique underlying the evidence is scientifically valid. The admission of the DNA profile does not require a finding of general ac…
AS 12.45.037 Admissibility of expert testimony relating to criminal street gang activity.
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(a) In a criminal prosecution, expert testimony is admissible to show, in regard to a specific criminal street gang or criminal street gangs whose conduct is relevant to the case, (1) common characteristics of persons who are members of the criminal street gang or criminal street…
AS 12.45.040 Necessary evidence for prostitution or seduction. [Repealed, § 21 ch 166 SLA 1978.]
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[Repealed or reserved.]
AS 12.45.042 Mental examination of victim.
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In a criminal prosecution under AS 11.41, the court may not order or compel the victim to undergo a psychiatric or psychological examination unless (1) the victim's psychiatric or psychological condition is an element of the offense charged; or (2) the prosecution has given notic…
AS 12.45.045 Evidence of past sexual conduct in trials of certain sexual offenses.
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(a) In prosecutions for the crimes of sexual assault in any degree, sexual abuse of a minor in any degree, unlawful exploitation of a minor, or an attempt to commit any of these crimes, evidence of the sexual conduct of the complaining witness, occurring either before or after th…
AS 12.45.046 Testimony of children in criminal proceedings.
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(a) In a criminal proceeding under AS 11.41 involving the prosecution of an offense committed against a child under the age of 16, or witnessed by a child under the age of 16, the court (1) may appoint a guardian ad litem for the child; (2) on its own motion or on the motion of t…
AS 12.45.049 Privilege relating to domestic violence and sexual assault counseling.
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Confidential communications between a victim of domestic violence or sexual assault and a victim counselor are privileged under AS 18.66.200 — 18.66.250.
AS 12.45.050 Limitation on discovery of statement of prosecution witness.
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In a criminal prosecution, no statement or report in the possession of the state which was made by a prosecution witness or prospective prosecution witness (other than the defendant) to an agent of the state may be the subject of subpoena, discovery, or inspection until the witne…
AS 12.45.060 Discovery after direct examination of witness.
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After a witness called by the state has testified on direct examination, the court shall, on motion of the defendant, order the state to produce any statement of the witness in the possession of the state that relates to the subject matter as to which the witness has testified. I…
AS 12.45.070 Discovery of portions of statement.
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If the state claims that any statement ordered to be produced under AS 12.45.060 contains matter that does not relate to the subject matter of the testimony of the witness, the court shall order the state to deliver the statement for the inspection of the court in chambers. Upon …
AS 12.45.080 Disposition of proceeding upon failure of state to comply with order.
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If the state elects not to comply with an order of the court to deliver to the defendant a statement or a portion of a statement as the court may direct, the court shall strike from the record the testimony of the witness, and the preliminary hearing or trial shall proceed unless…
AS 12.45.082 Definition of “statement”.
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In AS 12.45.060 — 12.45.080, the term “statement,” in relation to any witness called by the state, means (1) a written statement made by the witness and signed or otherwise adopted or approved by the witness; or (2) a stenographic, mechanical, electrical, or other recording, or a…
AS 12.45.083 Mental disease or defect excluding responsibility. [Repealed, § 42 ch 143 SLA 1982. For present provisions, see AS 12.47.]
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For present provisions, see AS 12.47. For present provisions, see AS 12.47.
AS 12.45.084 Laboratory report of controlled substances.
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(a) In a prosecution under AS 11.71.010 — 11.71.060, a complete copy of an official laboratory report from the Department of Public Safety or a laboratory operated by another law enforcement agency is prima facie evidence of the content, identity, and weight of a controlled subst…
AS 12.45.085 Evidence of mental disease or defect. [Repealed, § 42 ch 143 SLA 1982. For present provisions, see AS 12.47.]
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For present provisions, see AS 12.47. For present provisions, see AS 12.47.
AS 12.45.086 Photographic evidence of property wrongfully taken or damaged.
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(a) In a criminal proceeding or a children's court proceeding involving the wrongful taking or damaging of property, photographs of the property are competent evidence of the property and are admissible in the proceeding to the same extent as if the property had been introduced a…
AS 12.45.087 Secs. 12.45.087 — 12.45.115. Psychiatric examination; procedure. [Repealed, § 42 ch 143 SLA 1982. For present provisions, see AS 12.47.]
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Article 3. Compromise and Satisfaction. For present provisions, see AS 12.47. For present provisions, see AS 12.47.
AS 12.45.120 Authority to compromise misdemeanors for which victim has civil action.
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If a defendant is held to answer on a charge of misdemeanor for which the person injured by the act constituting the crime has a remedy by a civil action, the crime may be compromised except when it was committed (1) by or upon a peace officer, judge, or magistrate while in the e…
AS 12.45.130 Acknowledgment of satisfaction by injured party.
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If the party injured appears before the court in which the defendant is bound to appear, at any time before trial, and acknowledges in writing that satisfaction has been received for the injury, the court may, on payment of the costs incurred, order the prosecution dismissed and …
AS 12.45.140 Compromise or stay upon compromise by other means prohibited.
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A crime may not be compromised or the prosecution or punishment upon a compromise dismissed or stayed except as provided by law.
AS 12.45.150 Order for private prosecutor to pay costs for malicious prosecution without probable cause. [Repealed, § 1 ch 19 SLA 1987.]
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[Repealed or reserved.]
AS 12.45.155 [Renumbered as AS 12.45.084.]
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Renumbered as AS 12.45.084. Renumbered as AS 12.45.084.
AS 12.45.160 [Renumbered as AS 12.45.082.]
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Renumbered as AS 12.45.082. Renumbered as AS 12.45.082.