Title 12 — Code of Criminal Procedure
26 chapters · 362 sections in this title.
AS 12.55.137 Penalties for gang activities punishable as misdemeanors.
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(a) If a person commits an offense that would be a class B misdemeanor and the person committed the offense for the benefit of, at the direction of, or in association with a criminal street gang, the offense is a class A misdemeanor. (b) If a person commits an offense that would …
AS 12.55.139 Penalties for criminal nonsupport and aiding nonpayment of child support.
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(a) In addition to other penalties imposed for the offense of criminal nonsupport under AS 11.51.120, the court may suspend, restrict, or revoke, for the period during which the arrearage continues to exist, a recreational license as defined in AS 09.50.020(c), if the defendant i…
AS 12.55.140 Sentences for violations. [Repealed, § 23 ch 59 SLA 1982.]
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[Repealed or reserved.]
AS 12.55.145 Prior convictions.
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(a) For purposes of considering prior convictions in imposing sentence under (1) AS 12.55.125(c), (d), or (e), (A) a prior conviction may not be considered if a period of 10 or more years has elapsed between the date of the defendant's unconditional discharge on the immediately p…
AS 12.55.147 Fingerprints at time of sentencing.
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When a defendant is convicted of a felony by a court of this state, the defendant's fingerprints shall be placed on the judgment of conviction in open court, on the record, at the time of sentencing. The defendant and the person administering the fingerprinting shall sign their n…
AS 12.55.148 Judgment for sex offenses or child kidnappings.
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(a) When a defendant is convicted of a sex offense or child kidnapping by a court of this state, the written judgment must set out the requirements of AS 12.63.010 and, if it can be determined by the court, whether that conviction will require the offender or kidnapper to registe…
AS 12.55.151 Court may not reduce or mitigate punishment based on victim's failure to appear or testify.
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Notwithstanding another provision of law, when sentencing a defendant, a court may not mitigate or reduce the punishment of the defendant based on, or otherwise consider as a mitigating factor or reason to impose a lesser punishment, the failure of the crime victim to appear or t…
AS 12.55.155 Factors in aggravation and mitigation.
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(a) Except as provided in (e) of this section, if a defendant is convicted of an offense and is subject to sentencing under AS 12.55.125(c), (d), (e), or (i) and (1) the low end of the presumptive range is four years or less, the court may impose any sentence below the presumptiv…
AS 12.55.165 Extraordinary circumstances.
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(a) If the defendant is subject to sentencing under AS 12.55.125(c), (d), (e), or (i) and the court finds by clear and convincing evidence that manifest injustice would result from failure to consider relevant aggravating or mitigating factors not specifically included in AS 12.5…
AS 12.55.172 [Renumbered as AS 12.55.180.]
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[Repealed or reserved.]
AS 12.55.175 Three-judge sentencing panel.
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(a) There is created within the superior court a panel of five superior court judges to be appointed by the chief justice in accordance with rules and for terms as may be prescribed by the supreme court. Three judges of the panel shall be designated by the chief justice as member…
AS 12.55.180 Designation of representative.
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If more than one person who qualifies as a victim under AS 12.55.185 desires notice under AS 12.55.088, the prosecuting attorney shall designate one person to represent all victims for purposes of receiving the notice required and exercising the rights granted under this chapter.
AS 12.55.185 Definitions.
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In this chapter, unless the context requires otherwise, (1) “active term of imprisonment” has the meaning given in AS 12.55.127; (2) “building” has the meaning given in AS 11.81.900; (3) “crime against a person” has the meaning given in AS 33.30.901; (4) “criminal street gang” ha…
AS 12.60.010 Resistance to commission of crime. [Repealed, § 21 ch 166 SLA 1978. For present provisions, see AS 11.81.330 — AS 11.81.350.]
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[Repealed or reserved.]
AS 12.60.020 Manner of preventing crime.
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Crimes may be prevented by the intervention of the peace officers (1) by requiring security to keep the peace; (2) by forming a police in cities, towns, villages, and settlements, and by requiring their attendance at exposed places; (3) by suppressing riots.
AS 12.60.030 Justification of persons aiding officers in preventing crime. [Repealed, § 21 ch 166 SLA 1978. For present provisions, see AS 11.81.380.]
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Article 2. Action on Threatened Crime; Requirements of Undertakings.
AS 12.60.040 Action on threatened crime.
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A person may bring a complaint in the district court against a person who has threatened to commit a crime against the person or property of another.
AS 12.60.050 Examination of complainant and witnesses.
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When the complaint is brought, the judge or magistrate shall examine the complainant and require the complainant to sign the complaint under oath, and take signed statements under oath of any witnesses the complainant produces.
AS 12.60.060 Arrest.
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If it appears that there is good reason to fear the commission of the crime threatened by the person complained of, the judge or magistrate shall have the person complained of arrested and immediately brought before the judge or magistrate.
AS 12.60.070 Examination of charge.
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When the person complained of appears or is brought before the judge or magistrate, if the charge in the complaint is controverted, the judge or magistrate may subpoena witnesses, hear any statement to the charges made by the person complained of, and hear all other testimony.
AS 12.60.080 Adjournment of examination.
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The judge or magistrate may adjourn the examination and commit the person complained of, or take bail or a deposit of money in lieu thereof.
AS 12.60.090 Discharge for lack of grounds.
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If it appears that there is no good reason to fear the commission of the crime alleged to have been threatened, the person complained of shall be discharged.
AS 12.60.100 Requirement of undertaking.
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If there is good reason to fear the commission of the crime, the person complained of may be required to enter into an undertaking in a sum not exceeding $2,000 as the judge or magistrate may direct, with one or more sufficient sureties, to keep the peace toward the people of the…
AS 12.60.110 Discharge upon giving undertaking.
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If the undertaking is given, the party complained of shall be discharged. If the party complained of does not give the undertaking, the judge or magistrate shall commit the party to the custody of a peace officer.
AS 12.60.120 Security where crime committed or threatened before court, judge or magistrate.
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A person who, in the presence of a court, judge, or magistrate, assaults or threatens to assault another, or to commit an offense against another's property, or who contends with another with angry words to the disturbance of the peace may be ordered by the court, judge, or magis…
AS 12.60.130 Discharge upon giving undertaking after commitment.
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If the person complained of is committed for not giving the undertaking required, the person may be discharged by any judge or magistrate upon giving the undertaking.
AS 12.60.140 Forfeiture of undertaking.
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The undertaking is forfeited upon the person complained of being convicted of a breach of the peace.
AS 12.60.150 Rights and authorities of sureties.
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The sureties in an undertaking to keep the peace are entitled to the rights and authority of bail under AS 12.30 and the Alaska Rules of Criminal Procedure, and may be exonerated from their undertaking in the manner prescribed by law.
AS 12.60.160 Requiring security of convicted person.
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The court before whom any person is convicted of a crime which, by the judgment of the court, is punished otherwise than by imprisonment in the penitentiary may require that person to enter into an undertaking as provided in AS 12.60.100 for not more than two years. If the person…
AS 12.60.170 Security to keep the peace.
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Article 3. Unlawful Assembly. An undertaking to keep the peace shall also be considered an undertaking to be of good behavior, and cannot be required except as prescribed in this chapter.
AS 12.60.180 Unlawful or riotous assembly.
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Where six or more persons, whether armed or not, are riotously assembled, a district judge, magistrate, peace officer, or the chief executive officer of a city, town, village, or settlement shall go among the persons assembled, or as near to them as can be done with safety, and c…
AS 12.60.190 Arrest on failure to disperse and commanding aid.
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If the persons assembled do not immediately disperse, the district judges, magistrates, and officers shall arrest them. Any two of the officers mentioned in AS 12.60.180 may command the aid of a sufficient number of persons, armed or otherwise, as may be necessary, and may procee…
AS 12.60.200 Person refusing to aid officers as rioter. [Repealed, § 21 ch 166 SLA 1978.]
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[Repealed or reserved.]
AS 12.60.210 Officer failing to act is guilty of misdemeanor.
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If a district judge, magistrate, or officer having notice of an unlawful or riotous assembly, mentioned in AS 12.60.180, neglects to proceed to the place of assembly, or as near as can be done with safety, and to exercise the authority with which invested for suppressing the same…
AS 12.60.220 Guilt where death ensues.
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Article 4. Rewards. If, in the effort to suppress or disperse any unlawful or riotous assembly, or to arrest or detain any of the persons engaged in the assembly, any of the rioters or other persons then present as spectators or otherwise are killed or wounded, the district judge…
AS 12.60.230 Reward for information leading to conviction of certain persons.
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A reward of $200 shall be paid to any person not a peace officer who lodges information that leads to the arrest and conviction of any person or persons maliciously breaking into and entering any cache, cabin, house, or warehouse, whether occupied or unoccupied, located outside t…
AS 12.60.240 Payment of reward.
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The Department of Revenue shall pay all claims for rewards upon certificate by a judge or clerk of the superior court, showing that the claimant has lodged information that resulted in an arrest and conviction under the provisions of AS 12.60.230.
AS 12.61.010 Rights of crime victims.
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(a) Victims of crimes have the following rights: (1) the right to be present during any proceeding in (A) the prosecution and sentencing of a defendant if the defendant has the right to be present, including being present during testimony even if the victim is likely to be called…
AS 12.61.015 Duties of prosecuting attorney.
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(a) If a victim of a felony, a sex offense as defined in AS 12.63.100, or a crime involving domestic violence requests, the prosecuting attorney shall make a reasonable effort to (1) confer with the person against whom the offense has been perpetrated about that person's testimon…
AS 12.61.016 Duties of agency investigating a sexual offense.
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A law enforcement agency investigating an offense under AS 11.41.410 - 11.41.470 may not disclose information related to the investigation to an employer of the victim unless (1) the victim expressly permits the disclosure; or (2) the agency determines the disclosure is necessary…
AS 12.61.017 Interference by victim's employer.
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[Repealed or reserved.]
AS 12.61.020 Money received as the result of the commission of a crime.
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(a) Every person contracting with an offender with respect to the reenactment of the offender's crime by way of a movie, book, magazine article, radio or television presentation, or live entertainment of any kind, or to the expression of the offender's thoughts, feelings, opinion…
AS 12.61.030 Designation of representative.
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If more than one person who qualifies as a victim under AS 12.55.185 makes a request under AS 12.61.010 — 12.61.030, the prosecuting attorney shall designate one person for purposes of receiving the notice required and exercising the rights granted under AS 12.61.010 — 12.61.030.
AS 12.61.050 Automated victim notification system.
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Article 2. Victim and Witness Information Confidentiality. (a) The Department of Corrections shall establish an automated victim notification system that automatically provides crime victims with notice by telephone when there is a change in the status of their offender. The syst…
AS 12.61.100 Declaration of purpose.
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The purpose of AS 12.61.100 — 12.61.150 is to protect victims of and witnesses to crime from risk of harassment, intimidation, and unwarranted invasion of privacy by prohibiting the unnecessary disclosure of their addresses and telephone numbers.
AS 12.61.110 Confidentiality of victim and witness addresses and telephone numbers.
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The residence and business addresses and telephone numbers of a victim of a crime or witness to a crime are confidential. A report, paper, picture, photograph, court file, or other document that relates to a crime and contains the residence or business address or telephone number…
AS 12.61.120 Disclosure to defense; contacts with victims and witnesses.
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(a) The prosecution in a criminal case may not be required to furnish to the defendant personally the address or telephone number of a victim or witness absent a showing of good cause as determined by the court. Except as provided in (b) of this section, good cause exists when th…
AS 12.61.125 Victims and witnesses of sexual offenses.
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(a) The defendant accused of a sexual offense, the defendant's counsel, or an investigator or other person acting on behalf of the defendant, may not (1) notwithstanding AS 12.61.120, contact the victim of the offense or a witness to the offense if the victim or witness, or the p…
AS 12.61.127 Inadmissibility of statements taken in violation of AS 12.61.120 or 12.61.125.
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A statement obtained from a victim or witness in violation of AS 12.61.120 or 12.61.125 is presumed inadmissible in a prosecution of the defendant. To overcome the presumption of inadmissibility, the defendant must prove by clear and convincing evidence that (1) the statement is …
AS 12.61.130 Disclosure during court proceedings.
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(a) During a trial or hearing related to a criminal prosecution, the residence and business addresses and telephone numbers of a victim of or witness to the charged offense may not be disclosed in open court, and a victim or witness may not be required to provide the addresses or…