Title 11 — Criminal Law
30 chapters · 369 sections in this title.
AS 11.41.282 Assault of an unborn child in the second degree.
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(a) A person commits the crime of assault of an unborn child in the second degree if (1) with intent to cause physical injury to an unborn child or to another person, that person causes serious physical injury to an unborn child; (2) that person recklessly causes serious physical…
AS 11.41.289 Applicability of AS 11.41.280 and 11.41.282.
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Article 3. Kidnapping, Custodial Interference, and Human Trafficking. AS 11.41.280 and 11.41.282 do not apply to acts that (1) cause serious physical injury or physical injury to an unborn child if those acts were committed during a legal abortion to which the pregnant woman cons…
AS 11.41.300 Kidnapping.
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(a) A person commits the crime of kidnapping if (1) the person restrains another with intent to (A) hold the restrained person for ransom, reward, or other payment; (B) use the restrained person as a shield or hostage; (C) inflict physical injury upon or sexually assault the rest…
AS 11.41.320 Custodial interference in the first degree.
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(a) A person commits the crime of custodial interference in the first degree if the person violates AS 11.41.330(a)(1) and causes the child or incompetent person to be (1) removed from the state; or (2) kept outside the state. (b) Custodial interference in the first degree is a c…
AS 11.41.330 Custodial interference in the second degree.
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(a) A person commits the crime of custodial interference in the second degree if (1) being a relative of a child under 18 years of age or a relative of an incompetent person and knowing that the person has no legal right to do so, the person takes, entices, or keeps that child or…
AS 11.41.360 Human trafficking in the first degree.
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(a) A person commits the crime of human trafficking in the first degree if the person compels or induces another person to engage in sexual conduct, adult entertainment, or labor in the state by force or threat of force against any person, or by deception. (b) In this section, (1…
AS 11.41.365 Human trafficking in the second degree.
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(a) A person commits the crime of human trafficking in the second degree if, under circumstances not proscribed under AS 11.66.100 — 11.66.150, the person intentionally induces or causes another person to engage in adult entertainment or labor by (1) exposing or threatening to ex…
AS 11.41.370 Definitions.
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Article 4. Sexual Offenses. In AS 11.41.300 — 11.41.370, unless the context requires otherwise, (1) “lawful custodian” means a parent, guardian, or other person responsible by authority of law for the care, custody, or control of another; (2) “relative” means a parent, stepparent…
AS 11.41.410 Sexual assault in the first degree.
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(a) An offender commits the crime of sexual assault in the first degree if (1) the offender engages in sexual penetration with another person (A) without consent of that person by (i) the use of force or the express or implied threat of force against any person or property; or (i…
AS 11.41.420 Sexual assault in the second degree.
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(a) An offender commits the crime of sexual assault in the second degree if (1) the offender engages in sexual contact with another person (A) without consent of that person by (i) the use of force or the express or implied threat of force against any person or property; or (ii) …
AS 11.41.425 Sexual assault in the third degree.
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(a) An offender commits the crime of sexual assault in the third degree if the offender (1) engages in sexual contact with a person who is (A) mentally incapable; (B) incapacitated; or (C) unaware that a sexual act is being committed; (2) while employed in a state correctional fa…
AS 11.41.427 Sexual assault in the fourth degree.
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(a) An offender commits the crime of sexual assault in the fourth degree if (1) while employed in a state correctional facility or other placement designated by the commissioner of corrections for the custody and care of prisoners, the offender engages in sexual contact with a pe…
AS 11.41.430 Sexual assault in the third degree. [Repealed, § 10 ch 78 SLA 1983. For current law, see AS 11.41.425.]
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[Repealed or reserved.]
AS 11.41.432 Defenses.
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(a) It is a defense to a crime charged under AS 11.41.410(a)(3), 11.41.420(a)(2), 11.41.420(a)(3), 11.41.425, or 11.41.427 that the offender is (1) mentally incapable. (2) [Repealed, § 138 ch 4 FSSLA 2019.] (b) Except as provided in (d) or (e) of this section, in a prosecution un…
AS 11.41.434 Sexual abuse of a minor in the first degree.
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(a) An offender commits the crime of sexual abuse of a minor in the first degree if (1) being 16 years of age or older, the offender engages in sexual penetration with a person who is under 13 years of age or aids, induces, causes, or encourages a person who is under 13 years of …
AS 11.41.436 Sexual abuse of a minor in the second degree.
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(a) An offender commits the crime of sexual abuse of a minor in the second degree if, (1) being 17 years of age or older, the offender engages in sexual penetration with a person who is 13, 14, or 15 years of age and at least four years younger than the offender, or aids, induces…
AS 11.41.438 Sexual abuse of a minor in the third degree.
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(a) An offender commits the crime of sexual abuse of a minor in the third degree if being 17 years of age or older, the offender engages in sexual contact with a person who is 13, 14, or 15 years of age and at least four years younger than the offender. (b) Except as provided in …
AS 11.41.440 Sexual abuse of a minor in the fourth degree.
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(a) An offender commits the crime of sexual abuse of a minor in the fourth degree if (1) being under 16 years of age, the offender engages in sexual contact with a person who is under 13 years of age and at least three years younger than the offender; or (2) being 18 years of age…
AS 11.41.443 Spousal relationship no defense. [Repealed, § 61 ch 50 SLA 1989. For current law, see AS 11.41.432(b).]
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[Repealed or reserved.]
AS 11.41.445 General provisions.
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(a) In a prosecution under AS 11.41.434 — 11.41.440 it is an affirmative defense that, at the time of the alleged offense, the victim was the legal spouse of the defendant unless the offense was committed without the consent of the victim. (b) In a prosecution under AS 11.41.410 …
AS 11.41.450 Incest.
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(a) A person commits the crime of incest if, being 18 years of age or older, that person engages in sexual penetration with another who is related, either legitimately or illegitimately, as (1) an ancestor or descendant of the whole or half blood; (2) a brother or sister of the w…
AS 11.41.452 Enticement of a minor.
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(a) A person commits the crime of enticement of a minor if the person, being 18 years of age or older, knowingly communicates with another person to entice, solicit, or encourage the person to engage in an act described in AS 11.41.455(a)(1) — (7) and (1) the other person is a ch…
AS 11.41.455 Unlawful exploitation of a minor.
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(a) A person commits the crime of unlawful exploitation of a minor if, in the state and with the intent of producing a live performance, film, audio, video, electronic, or electromagnetic recording, photograph, negative, slide, book, newspaper, magazine, or other material that vi…
AS 11.41.458 Indecent exposure in the first degree.
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(a) An offender commits the crime of indecent exposure in the first degree if the offender violates AS 11.41.460(a) and (1) while committing the act constituting the offense, the offender knowingly masturbates; or (2) the offender has been previously convicted under (A) this sect…
AS 11.41.460 Indecent exposure in the second degree.
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(a) An offender commits the crime of indecent exposure in the second degree if the offender knowingly exposes the offender's genitals in the presence of another person with reckless disregard for the offensive, insulting, or frightening effect the act may have. (b) Indecent expos…
AS 11.41.468 Forfeiture of property used in sexual offense.
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(a) Property used to aid a violation of AS 11.41.410 — 11.41.458 or to aid the solicitation of, attempt to commit, or conspiracy to commit a violation of AS 11.41.410 — 11.41.458 may be forfeited to the state upon the conviction of the offender. (b) In this section, “property” me…
AS 11.41.470 Definitions.
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Article 5. Robbery, Extortion, and Coercion. For purposes of AS 11.41.410 — 11.41.470, unless the context requires otherwise, (1) “health care worker” includes a person who is or purports to be an acupuncturist, advanced practice registered nurse, anesthesiologist, certified dire…
AS 11.41.500 Robbery in the first degree.
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(a) A person commits the crime of robbery in the first degree if the person violates AS 11.41.510 and, in the course of violating that section or in immediate flight thereafter, that person or another participant (1) is armed with a deadly weapon or represents by words or other c…
AS 11.41.510 Robbery in the second degree.
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(a) A person commits the crime of robbery in the second degree if, in the course of taking or attempting to take property from the immediate presence and control of another, the person uses or threatens the immediate use of force upon any person with intent to (1) prevent or over…
AS 11.41.520 Extortion.
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(a) A person commits the crime of extortion if the person obtains the property of another by threatening or suggesting that either that person or another may (1) inflict physical injury on anyone, except under circumstances constituting robbery in any degree, or commit any other …
AS 11.41.530 Coercion.
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(a) A person commits the crime of coercion if, under circumstances not proscribed under AS 11.41.410 — 11.41.427, the person compels another to engage in conduct from which there is a legal right to abstain or abstain from conduct in which there is a legal right to engage, by mea…
AS 11.46.100 Theft defined.
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A person commits theft if (1) with intent to deprive another of property or to appropriate property of another to oneself or a third person, the person obtains the property of another; (2) the person commits theft of lost or mislaid property under AS 11.46.160; (3) the person com…
AS 11.46.110 Consolidation of theft offenses: Pleading and proof.
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(a) Each instance of conduct defined as theft under AS 11.46.100 constitutes theft in the first, second, third, or fourth degree. (b) An accusation of theft is sufficient if it alleges that the defendant committed theft of property or services of the nature or value required for …
AS 11.46.120 Theft in the first degree.
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(a) A person commits the crime of theft in the first degree if the person commits theft as defined in AS 11.46.100 and the value of the property or services is $25,000 or more. (b) Theft in the first degree is a class B felony.
AS 11.46.130 Theft in the second degree.
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(a) A person commits the crime of theft in the second degree if the person commits theft as defined in AS 11.46.100 and (1) the value of the property or services is $750 or more but less than $25,000; (2) the property is a firearm or explosive; (3) the property is taken from the …
AS 11.46.140 Theft in the third degree.
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(a) A person commits the crime of theft in the third degree if the person commits theft as defined in AS 11.46.100 and (1) the value of the property or services is $250 or more but less than $750; or (2) [Repealed, § 5 ch 67 SLA 2005.] (3) [Repealed, § 179 ch 36 SLA 2016.] (4) th…
AS 11.46.150 Theft in the fourth degree.
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(a) A person commits the crime of theft in the fourth degree if the person commits theft as defined in AS 11.46.100 and the value of the property or services is less than $250. (b) Theft in the fourth degree is a class B misdemeanor.
AS 11.46.160 Theft of lost or mislaid property.
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(a) A person commits theft of lost or mislaid property if the person obtains property of another knowing that the property was lost, mislaid, or delivered under a mistake as to the nature or amount of the property or the identity of the recipient and the person fails to take reas…
AS 11.46.180 Theft by deception.
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(a) A person commits theft by deception if, with intent to deprive another of property or to appropriate property of another to oneself or a third person, the person obtains the property of another by deception. (b) In a prosecution based on theft by deception, if the state seeks…
AS 11.46.190 Theft by receiving.
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(a) A person commits theft by receiving if the person buys, receives, retains, conceals, or disposes of stolen property with reckless disregard that the property was stolen. (b) As used in this section, “receives” includes acquiring possession, control, or title, or lending on th…
AS 11.46.200 Theft of services.
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(a) A person commits theft of services if (1) the person obtains services, known by that person to be available only for compensation, by deception, force, threat, or other means to avoid payment for the services; (2) having control over the disposition of services of others to w…
AS 11.46.210 Theft by failure to make required disposition of funds received or held.
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(a) A person commits theft by failure to make required disposition of funds received or held if the person (1) obtains property from anyone or personal services from an employee upon an agreement or subject to a known legal obligation to make specified payment or other dispositio…
AS 11.46.220 Concealment of merchandise.
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(a) A person commits the crime of concealment of merchandise if without authority the person knowingly conceals on or about the person the merchandise of a commercial establishment, not purchased by the person, while still upon the premises of the commercial establishment, with i…
AS 11.46.230 Reasonable detention as defense.
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(a) In a civil or criminal action upon the complaint of a person who has been detained in or in the immediate vicinity of a commercial establishment for the purpose of investigation or questioning as to the ownership of merchandise, it is a defense that (1) the person was detaine…
AS 11.46.260 Removal of identification marks.
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(a) A person commits the crime of removal of identification marks if, with intent to cause interruption to the ownership of another, the person defaces, erases, or otherwise alters or attempts to deface, erase, or otherwise alter any serial number or identification mark placed or…
AS 11.46.270 Unlawful possession.
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(a) A person commits the crime of unlawful possession if the person possesses a propelled vehicle, bicycle, firearm, movable or immovable construction tool or equipment, appliance, merchandise or other article or its component parts knowing that the serial number or identificatio…
AS 11.46.280 Issuing a bad check.
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(a) A person commits the crime of issuing a bad check if the person issues a check knowing that it will not be honored by the drawee. (b) In a prosecution under this section, it is prima facie evidence that the drawer knew the check would not be honored by the drawee if (1) payme…
AS 11.46.285 Fraudulent use of an access device or identification document.
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(a) A person commits the crime of fraudulent use of an access device or identification document if, with intent to defraud, the person uses an access device or identification document to obtain property or services with knowledge that (1) the access device or identification docum…
AS 11.46.290 Obtaining an access device or identification document by fraudulent means.
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(a) A person commits the crime of obtaining an access device or identification document by fraudulent means if (1) the person buys an access device or identification document from a person other than the issuer or, as other than the issuer, the person sells an access device or id…
AS 11.46.295 Prior convictions.
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Article 2. Burglary and Criminal Trespass. For purposes of considering prior convictions in prosecuting a crime of theft under AS 11.46.130(a)(6) or 11.46.140(a)(4) or in prosecuting the crime of concealment of merchandise under AS 11.46.220(c), (1) a conviction for an offense un…