Title 11 — Criminal Law
30 chapters · 369 sections in this title.
AS 11.81.100 General purposes.
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Article 2. Applicability of Criminal Statutes. The general purposes of this title are to (1) proscribe conduct that unjustifiably and inexcusably causes or threatens substantial harm to individual or public interests; (2) give fair warning of the nature of the conduct constitutin…
AS 11.81.200 Effect of amendment or repeal of criminal statutes.
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When all or part of a criminal statute is amended or repealed, the criminal statute or part of it so amended or repealed remains in force for the purpose of authorizing the accusation, prosecution, conviction, and punishment of a person who violated the statute or part of it befo…
AS 11.81.210 Limitation on applicability.
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This title does not bar, suspend, or otherwise affect any right to or liability for damages, penalty, forfeiture, or other remedy authorized by law to be recovered or enforced in a civil action, regardless of whether the conduct involved in the proceeding constitutes an offense d…
AS 11.81.220 All offenses defined by statute.
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Article 3. Classification of Offenses. No conduct constitutes an offense unless it is made an offense (1) by this title; (2) by a statute outside this title; or (3) by a regulation authorized by and lawfully adopted under a statute. Article 4. General Principles of Justification.…
AS 11.81.250 Classification of offenses.
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(a) For purposes of sentencing under AS 12.55, all offenses defined in this title, except murder in the first and second degree, attempted murder in the first degree, solicitation to commit murder in the first degree, conspiracy to commit murder in the first degree, murder of an …
AS 11.81.300 Justification: Defense.
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Except as otherwise specified in this title, justification as provided in AS 11.81.320 — 11.81.430 is a defense.
AS 11.81.320 Justification: Necessity.
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(a) Conduct which would otherwise be an offense is justified by reason of necessity to the extent permitted by common law when (1) neither this title nor any other statute defining the offense provides exemptions or defenses dealing with the justification of necessity in the spec…
AS 11.81.330 Justification: Use of nondeadly force in defense of self.
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(a) A person is justified in using nondeadly force upon another when and to the extent the person reasonably believes it is necessary for self-defense against what the person reasonably believes to be the use of unlawful force by the other person, unless (1) the person used the f…
AS 11.81.335 Justification: Use of deadly force in defense of self.
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(a) Except as provided in (b) of this section, a person who is justified in using nondeadly force in self-defense under AS 11.81.330 may use deadly force in self-defense upon another person when and to the extent the person reasonably believes the use of deadly force is necessary…
AS 11.81.340 Justification: Use of force in defense of a third person.
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A person is justified in using force upon another when and to the extent the person reasonably believes it is necessary to defend a third person when, under the circumstances as the person claiming defense of another reasonably believes them to be, the third person would be justi…
AS 11.81.350 Justification: Use of force in defense of property and premises.
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(a) A person may use nondeadly force upon another when and to the extent the person reasonably believes it is necessary to terminate what the person reasonably believes to be the commission or attempted commission by the other of an unlawful taking or damaging of property or serv…
AS 11.81.370 Justification: Use of force by a peace officer in making an arrest or terminating an escape.
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(a) In addition to using force justified under other sections of this chapter, a peace officer may use nondeadly force and may threaten to use deadly force when and to the extent the officer reasonably believes it necessary to make an arrest, to terminate an escape or attempted e…
AS 11.81.380 Justification: Use of force by private person assisting an arrest or terminating an escape.
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(a) Except as provided in (b) of this section, a person who has been directed by another who that person reasonably believes to be a peace officer to assist in making an arrest or terminating or preventing an escape may use nondeadly force when and to the extent the person reason…
AS 11.81.390 Use of force by a private person in making arrest or terminating an escape.
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In addition to using force justified under other sections of this chapter, a person, acting as a private person, may use nondeadly force to make the arrest or terminate the escape or attempted escape from custody of a person who the private person reasonably believes has committe…
AS 11.81.400 Justification: Use of force in resisting or interfering with arrest.
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(a) A person may not use force to resist personal arrest or interfere with the arrest of another by a peace officer who is known by the person, or reasonably appears, to be a peace officer, whether the arrest is lawful or unlawful, unless (1) the force used by the peace officer e…
AS 11.81.410 Justification: Use of force by guards.
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(a) In addition to using force justified under other sections of this chapter, a guard or peace officer employed in a correctional facility may, if authorized by regulations adopted by the Department of Corrections, use nondeadly force upon another person when and to the extent r…
AS 11.81.420 Justification: Performance of public duty.
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(a) Unless inconsistent with AS 11.81.320 — 11.81.410, conduct which would otherwise constitute an offense is justified when it is required or authorized by law or by a judicial decree, judgment, or order. (b) The justification afforded by this section also applies when (1) the p…
AS 11.81.430 Justification: Use of force, special relationships.
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(a) The use of force on another person that would otherwise constitute an offense is justified under any of the following circumstances: (1) When and to the extent reasonably necessary and appropriate to promote the welfare of the child or incompetent person, a parent, guardian, …
AS 11.81.440 Duress.
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(a) In any prosecution for an offense, it is an affirmative defense that the defendant engaged in the proscribed conduct because the defendant was coerced to do so by the use of unlawful force upon the defendant or a third person, which force a reasonable person in the defendant'…
AS 11.81.450 Entrapment.
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Article 5. Prohibition on Prosecution. In any prosecution for an offense, it is an affirmative defense that, in order to obtain evidence of the commission of an offense, a public law enforcement official or a person working in cooperation with the official induced the defendant t…
AS 11.81.500 No prosecution for safe surrender of infant.
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A parent may not be criminally prosecuted for surrendering a child of the parent if the child (1) is an infant who is less than 21 days of age; (2) is surrendered in the manner described in AS 47.10.013(c); and (3) is not the subject of a court order affecting custody of the chil…
AS 11.81.600 General requirements of culpability.
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(a) The minimal requirement for criminal liability is the performance by a person of conduct that includes a voluntary act or the omission to perform an act that the person is capable of performing. (b) A person is not guilty of an offense unless the person acts with a culpable m…
AS 11.81.610 Construction of statutes with respect to culpability.
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(a) [Repealed, § 44 ch 102 SLA 1980.] (b) Except as provided in AS 11.81.600(b), if a provision of law defining an offense does not prescribe a culpable mental state, the culpable mental state that must be proved with respect to (1) conduct is “knowingly”; and (2) a circumstance …
AS 11.81.615 Offenses defined by age or value.
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Whenever a provision of law defining an offense requires a determination of the age of the victim or the value of property or services, it is not a defense to the lowest class of offense established by the evidence that the age of the victim is less than the age which would make …
AS 11.81.620 Effect of ignorance or mistake upon liability.
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(a) Knowledge, recklessness, or criminal negligence as to whether conduct constitutes an offense, or knowledge, recklessness, or criminal negligence as to the existence, meaning, or application of the provision of law defining an offense, is not an element of an offense unless th…
AS 11.81.630 Intoxication as a defense.
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Voluntary intoxication is not a defense to a prosecution for an offense, but evidence that the defendant was intoxicated may be offered whenever it is relevant to negate an element of the offense that requires that the defendant intentionally cause a result.
AS 11.81.640 Application of AS 11.81.600 — 11.81.630.
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Article 7. Definitions. AS 11.81.600 — 11.81.630 apply only to this title.
AS 11.81.900 Definitions.
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(a) For purposes of this title, unless the context requires otherwise, (1) a person acts “intentionally” with respect to a result described by a provision of law defining an offense when the person's conscious objective is to cause that result; when intentionally causing a partic…