Title 11 — Criminal Law
30 chapters · 369 sections in this title.
AS 11.71.120 Authority to schedule controlled substances.
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(a) If, after considering the factors set out in (c) of this section, the committee decides to recommend that a substance should be added to, deleted from, or rescheduled in a schedule of controlled substances under AS 11.71.140 — 11.71.190, the governor shall introduce legislati…
AS 11.71.125 Emergency substance scheduling.
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(a) The attorney general may, by regulation, schedule a substance under this chapter regardless of whether the substance is substantially similar to a controlled substance listed in AS 11.71.140 — 11.71.180, if the attorney general finds that scheduling the substance on an emerge…
AS 11.71.140 Schedule IA.
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(a) A substance shall be placed in schedule IA if it is found under AS 11.71.120(c) to have the highest degree of danger or probable danger to a person or the public. (b) Schedule IA includes, unless specifically excepted or listed in another schedule, any of the following substa…
AS 11.71.150 Schedule IIA.
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(a) A substance shall be placed in schedule IIA if it is found under AS 11.71.120(c) to have a degree of danger or probable danger to a person or the public which is less than substances listed in schedule IA, but higher than substances listed in schedule IIIA. (b) Schedule IIA i…
AS 11.71.160 Schedule IIIA.
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(a) A substance shall be placed in schedule IIIA if it is found under AS 11.71.120(c) to have a degree of danger or probable danger to a person or the public less than the substances listed in schedule IIA but higher than substances listed in schedule IVA. (b) Schedule IIIA inclu…
AS 11.71.170 Schedule IVA.
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(a) A substance shall be placed in schedule IVA if it is found under AS 11.71.120(c) to have a degree of danger or probable danger to a person or the public which is less than the substances listed in schedule IIIA, but higher than the substances listed in schedule VA. (b) Schedu…
AS 11.71.180 Schedule VA.
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(a) A substance shall be placed in schedule VA if it is found under AS 11.71.120(c) to have a degree of danger or probable danger to a person or the public which is less than substances listed in schedule IVA, but higher than substances listed in schedule VIA. (b) Schedule VA inc…
AS 11.71.190 Schedule VIA.
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(a) A substance shall be placed in schedule VIA if it is found under AS 11.71.120(c) to have the lowest degree of danger or probable danger to a person or the public. (b) Marijuana is a schedule VIA controlled substance.
AS 11.71.195 Exempted drugs.
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Except as otherwise provided in this chapter, a substance the manufacture, distribution, dispensing, or possession of which is explicitly exempt from criminal penalty under federal law is exempt from the application of this chapter and AS 17.30. This exemption includes any substa…
AS 11.71.200 Listed chemicals.
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Listed chemicals are chemicals that are used in manufacturing a controlled substance in violation of this chapter. Listed chemicals include (1) anthranilic acid, its esters, and its salts; (2) benzaldehyde; (3) benzyl cyanide; (4) ephedrine, its salts, optical isomers, and salts …
AS 11.71.210 Purchase or receipt of restricted amounts of certain listed chemicals.
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Article 3. Miscellaneous Provisions. (a) A person commits the crime of purchase or receipt of restricted amounts of certain listed chemicals if the person purchases or receives more than nine grams of the following listed chemical, its salts, isomers, or salts of isomers within a…
AS 11.71.300 Penalties under other laws.
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A penalty imposed for violation of this chapter is in addition to, and not in place of, any other civil or administrative penalty or sanction otherwise authorized by law.
AS 11.71.305 Rehabilitation.
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A person convicted of violating a provision of this chapter may, when the violation relates to that person's own personal use of a controlled substance, be committed to the custody of the Department of Corrections for rehabilitative treatment for not to exceed one year. Such trea…
AS 11.71.310 Bar to prosecution. [Repealed, § 40 ch 75 SLA 2008.]
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[Repealed or reserved.]
AS 11.71.311 Restriction on prosecution for certain persons in connection with a drug overdose.
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(a) A person may not be prosecuted for a violation of AS 11.71.040(a)(3), (4), or (12), 11.71.050(a)(4) or (5), or 11.71.060(a)(1) or (2) if that person (1) sought, in good faith, medical or law enforcement assistance for another person who the person reasonably believed was expe…
AS 11.71.320 Excluded defenses.
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(a) In a prosecution for the possession of a schedule IA, IIA, IIIA, IVA, or VA controlled substance under this chapter, it is not a defense that the substance was possessed in less than a usable quantity. It is sufficient to support a conviction that there is a sufficient quanti…
AS 11.71.330 Liability of public servants.
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No liability is imposed by this chapter upon a public servant acting within the scope and authority of the public servant's employment.
AS 11.71.340 Offenses defined by amounts.
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Whenever a provision of this chapter defining an offense requires a determination of an amount, it is not a defense to the lowest class of offense established by the evidence that the amount in question was equal to or larger than the amount which would make the offense a higher …
AS 11.71.350 Burden of proof.
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It is not necessary for the state to negate an exemption or exception provided for in this chapter in a complaint, information, indictment, or other pleading or at a trial, hearing, or other proceeding under this chapter or AS 17.30. The defendant has the burden of proving by a p…
AS 11.71.360 Unprivileged communications.
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Article 4. Definitions. Information communicated to a physician or other licensed practitioner in an effort to unlawfully procure a controlled substance or to unlawfully procure the administration of a controlled substance is not a privileged communication.
AS 11.71.900 Definitions.
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In this chapter, unless the context clearly requires otherwise, (1) “administer” means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means into the body of a patient or research subject by (A) a practitioner or, in the…
AS 11.73.010 Manufacture or delivery of an imitation controlled substance.
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(a) Except as provided in AS 11.73.050, a person may not manufacture, deliver, or possess with intent to deliver, an imitation controlled substance. (b) Except as provided in AS 11.73.030, a person who violates this section commits a class C felony.
AS 11.73.020 Possession of substance with intent to manufacture.
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(a) Except as provided in AS 11.73.050, a person may not possess the following substances or their salts with the intent to manufacture an imitation controlled substance: (1) ephedrine; (2) ephedrine sulfate; (3) pseudoephedrine; (4) pseudoephedrine hydrochloride; (5) phenylpropa…
AS 11.73.030 Delivery of an imitation controlled substance to a minor.
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(a) Except as provided in AS 11.73.050, a person 19 years of age or older may not deliver an imitation controlled substance to a person under 19 years of age, who is at least three years younger than the person delivering the substance. (b) A person who violates this section comm…
AS 11.73.040 Advertisement to promote the delivery of an imitation controlled substance.
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(a) Except as provided in AS 11.73.050, a person may not knowingly place in a newspaper, magazine, handbill, or other publication, or post or distribute in a public place, an advertisement or solicitation knowing that the purpose of the advertisement or solicitation is to promote…
AS 11.73.050 Imitation controlled substance as placebo.
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No civil or criminal liability may be imposed under this chapter on a person who manufactures, delivers, possesses, or advertises or solicits to promote delivery of an imitation controlled substance solely for use as a placebo prescribed by a registered practitioner, as defined i…
AS 11.73.060 Forfeitures.
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(a) Property used during or in aid of a violation of this chapter may be forfeited to the state to the extent permitted under and in accordance with the provisions of AS 17.30.110 — 17.30.126. (b) For purposes of this section the terms “controlled substance” and “this chapter”, a…
AS 11.73.099 Definitions.
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In this chapter, (1) “controlled substance” means a substance as defined in AS 11.71.900(5); (2) “deliver” or “delivery” means the actual, constructive, or attempted transfer from one person to another of an imitation controlled substance, whether or not there is an agency relati…
AS 11.76.100 Selling or giving tobacco to a minor.
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(a) A person commits the offense of selling or giving tobacco to a minor if the person (1) negligently sells a cigarette, a cigar, tobacco, or a product containing tobacco to a person under 19 years of age; (2) is 19 years of age or older and negligently exchanges or gives a ciga…
AS 11.76.105 Possession of tobacco, electronic smoking products, or products containing nicotine by a minor.
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(a) A person under 19 years of age may not knowingly possess a cigarette, a cigar, tobacco, a product containing tobacco, an electronic smoking product, or a product containing nicotine in this state. This subsection does not apply to a person who is a prisoner at an adult correc…
AS 11.76.106 Selling tobacco, electronic smoking products, or products containing nicotine outside controlled access.
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(a) Except as provided under (b) of this section, a person may not sell cigarettes, cigars, tobacco, products containing tobacco, electronic smoking products, or products containing nicotine unless the sale occurs in a manner that allows only the sales clerk to control access to …
AS 11.76.107 Failure to supervise vending machine.
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(a) A person commits the offense of failure to supervise a vending machine if the person owns premises licensed as a beverage dispensary under AS 04.09.200 or 04.09.350, licensed as a club under AS 04.09.220, or licensed as a package store under AS 04.09.230 and with criminal neg…
AS 11.76.109 Selling or giving product containing nicotine to a minor.
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(a) A person commits the offense of selling or giving an electronic smoking product or a product containing nicotine to a minor if the person (1) negligently sells an electronic smoking product or a product containing nicotine to a person under 19 years of age; (2) is 19 years of…
AS 11.76.110 Interference with constitutional rights.
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(a) A person commits the crime of interference with constitutional rights if (1) the person injures, oppresses, threatens, or intimidates another person with intent to deprive that person of a right, privilege, or immunity in fact granted by the constitution or laws of this state…
AS 11.76.113 Misconduct involving confidential information in the first degree.
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(a) A person commits the crime of misconduct involving confidential information in the first degree if the person (1) violates AS 11.76.115 and obtains the confidential information with the intent to (A) use the confidential information to commit a crime; or (B) obtain a benefit …
AS 11.76.115 Misconduct involving confidential information in the second degree.
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(a) A person commits the crime of misconduct involving confidential information in the second degree if the person, without legal authority or the consent of another person, knowingly obtains confidential information about the other person. (b) Conviction under this section does …
AS 11.76.120 Opening or publishing contents of sealed letters.
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A person who wilfully opens or reads, or has opened and read, a sealed letter not addressed to the person, without authority to do so by the writer or by the person to whom it is addressed, or who wilfully, without the same authority, publishes a letter or portion of it, knowing …
AS 11.76.130 Interference with rights of physically or mentally challenged person.
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(a) A person commits the crime of interference with the rights of a physically or mentally challenged person if the person intentionally prevents or restricts (1) a physically or mentally challenged person from having full and free pedestrian use of a street, highway, sidewalk, w…
AS 11.76.133 Interference with the training of a service animal.
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(a) A person commits the offense of interference with the training of a service animal if the person intentionally prevents or restricts a person who is authorized to train a service animal from being accompanied by an animal that is identified as being in training to be a servic…
AS 11.76.140 Avoidance of ignition interlock device.
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(a) A person commits the crime of avoidance of ignition interlock device if the person knowingly (1) circumvents or tampers with an ignition interlock device in a manner intended to allow a person on probation under AS 12.55.102, with a condition of sentence under AS 12.55.102 or…
AS 11.76.150 Sale of products containing dextromethorphan.
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(a) A seller, retailer, or vendor may not sell a product containing dextromethorphan to another person unless (1) the seller, retailer, or vendor checks a government-issued photo identification and determines the person is 18 years of age or older; (2) from the person's outward a…
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…