Title 12 — Code of Criminal Procedure
26 chapters · 362 sections in this title.
AS 12.05.010 Crime commenced outside state but consummated inside.
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When the commission of a crime commenced outside the state is consummated inside the state, the defendant is liable to punishment in this state even though out of the state at the time of the commission of the crime charged, if the defendant consummated the crime through the inte…
AS 12.05.020 Offenses committed on aircraft or ferries and other watercraft owned or operated by the state.
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A person may be prosecuted under the laws of this state for an offense committed on or against an aircraft owned or operated by the state or a ferry or other watercraft owned or operated by the state, even if the aircraft, ferry, or watercraft is in airspace or water outside the …
AS 12.05.030 Crimes involving minors committed outside state.
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In addition to any other jurisdictional basis expressed or implied in law, a person may be prosecuted under the laws of this state for conduct occurring outside the state for a violation of (1) AS 11.41.452 if the other person with whom the defendant communicated was in the state…
AS 12.10.010 General time limitations.
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(a) Prosecution for the following offenses may be commenced at any time: (1) murder; (2) attempt, solicitation, or conspiracy to commit murder or hindering the prosecution of murder; (3) felony sexual abuse of a minor; (4) sexual assault that is an unclassified, class A, or class…
AS 12.10.020 Specific time limitation.
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(a) Even if the general time limitation has expired, a prosecution for any offense that includes a material element of fraud or breach of fiduciary obligation may be commenced within one year after the discovery of the offense by an aggrieved party or by a person who has legal ca…
AS 12.10.030 When period of limitation runs.
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(a) An offense is committed either when every element occurs, or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant's complicity therein is terminated. Time starts to run on the day after t…
AS 12.10.040 When period of limitation does not run.
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(a) The period of limitation does not run during any time when the accused, with a purpose to avoid detection, apprehension, or prosecution, is outside the state or is absent from the accused's usual place of abode within the state, but in no case shall this provision extend the …
AS 12.20.010 Conviction or acquittal elsewhere as bar. [Repealed, § 40 ch 75 SLA 2008.]
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[Repealed or reserved.]
AS 12.20.020 When acquittal or dismissal is not a bar.
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If the defendant is acquitted on the ground of a variance between the charge and the proof, or the charge is dismissed upon an objection to its form or substance, or discharged for want of prosecution, without a judgment of acquittal or in bar of another prosecution, it is not an…
AS 12.20.030 When acquittal is a bar.
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When the defendant is acquitted on the merits, the defendant is acquitted of the same crime, notwithstanding any defect in form or substance in the charge, information, or complaint on which the trial was had.
AS 12.20.040 When conviction or acquittal is a bar to other offenses.
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When the defendant is convicted or acquitted of a crime consisting of different degrees, the conviction or acquittal is a bar to another prosecution for the crime charged in the former or for any inferior degree of that crime, or for an attempt to commit that crime, or for an off…
AS 12.20.050 Dismissal as bar.
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(a) It is a bar to another prosecution for the same crime if the crime is a misdemeanor, but it is not a bar if the crime charged is a felony when a person is (1) held to answer to the grand jury and the court dismisses the charge before the case is presented to the grand jury up…
AS 12.20.060 Discharge of codefendant as bar.
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It is an acquittal of the defendant discharged and a bar to another prosecution for the same crime when two or more persons are charged in the same indictment, and the court dismisses the indictment against a defendant (1) before that defendant has begun to present a defense and …
AS 12.25.010 Persons authorized to arrest.
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An arrest may be made by a peace officer or by a private person.
AS 12.25.020 Judge or magistrate may order arrest.
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When a crime is committed in the presence of a judge or magistrate, the judge or magistrate may, by an oral or written order, command any person to arrest the offender, and may immediately proceed as though the offender had been brought before the court on a warrant of arrest.
AS 12.25.030 Grounds for arrest by private person or peace officer without warrant.
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(a) A private person or a peace officer without a warrant may arrest a person (1) for a crime committed or attempted in the presence of the person making the arrest; (2) when the person has committed a felony, although not in the presence of the person making the arrest; (3) when…
AS 12.25.031 Alternative to arrest.
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(a) As an alternative to arrest, a peace officer may, at the officer's discretion, deliver a person to a crisis stabilization center, a crisis residential center, or an evaluation facility or decline to arrest the person if (1) the arresting officer believes in good faith that th…
AS 12.25.033 Arrest without warrant for operating vehicle while under the influence of an alcoholic beverage, inhalant, or controlled substance.
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A peace officer may arrest a person without a warrant, whether or not the offense is committed in the presence of the officer, when the officer has probable cause to believe that the person to be arrested has committed the crime of operating a motor vehicle, an aircraft, or a wat…
AS 12.25.035 Arrest without warrant by state trooper when judicial officer is unavailable.
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A state trooper may arrest a person without a warrant for a misdemeanor or for the violation of an ordinance when (1) the officer has reasonable grounds to believe that the person to be arrested has committed a misdemeanor or has violated an ordinance; (2) personal or property da…
AS 12.25.040 Taking before judge or magistrate person arrested by bystander.
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A peace officer may, without warrant, take before a judge or magistrate a person who, being engaged in a breach of the peace, is arrested by a bystander and delivered to the peace officer.
AS 12.25.050 Method of making arrest.
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An arrest is made by the actual restraint of a person or by a person's submission to the custody of the person making the arrest.
AS 12.25.060 Method of arrest by officer without warrant.
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When making an arrest without a warrant, the peace officer shall inform the person to be arrested of the officer's authority and the cause of the arrest, unless the person to be arrested is then engaged in the commission of a crime, or is pursued immediately after its commission …
AS 12.25.070 Limitation on restraint in arrest.
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A peace officer or private person may not subject a person arrested to greater restraint than is necessary and proper for the arrest and detention of the person.
AS 12.25.080 Means to effect resisted arrest. [Repealed, § 21 ch 59 SLA 1982. For present provisions, see AS 11.81.370 — 11.81.390.]
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[Repealed or reserved.]
AS 12.25.090 Peace officer's authority to summon aid to make arrest.
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A peace officer making an arrest may orally summon as many persons as the officer considers necessary to aid in making the arrest. A person when required by an officer shall aid in making the arrest.
AS 12.25.100 Breaking into building or vessel to effect arrest.
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A peace officer may break into a building or vessel in which the person to be arrested is or is believed to be, if the officer is refused admittance after the officer has announced the authority and purpose of the entry.
AS 12.25.110 Breaking open building or vessel to liberate.
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A peace officer may break open a building or vessel to liberate a person who entered to make an arrest and is detained, or to liberate oneself when necessary.
AS 12.25.120 Retaking escaped prisoner.
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If a person arrested escapes or is rescued, the person from whose custody that person escaped or was rescued may immediately pursue and retake that person at any time and in any place in the state.
AS 12.25.130 Means usable to retake prisoner. [Repealed, § 21 ch 166 SLA 1978. For present provisions, see AS 11.81.370 — 11.81.390.]
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[Repealed or reserved.]
AS 12.25.140 Property taken from defendant on arrest.
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When money or other property is taken from a person arrested upon a charge of a crime, the officer taking it shall immediately make duplicate receipts for the property, specifying particularly the amount of money or kind of property taken. The officer shall deliver one receipt to…
AS 12.25.150 Rights of prisoner after arrest.
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(a) A person arrested shall be taken before a judge or magistrate without unnecessary delay and in any event within 24 hours after arrest, absent compelling circumstances, including Sundays and holidays. The unavailability of a report prepared by the pretrial services officer und…
AS 12.25.160 Definition of “arrest”
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Article 2. Citations. Arrest is the taking of a person into custody in order that the person may be held to answer for the commission of a crime.
AS 12.25.175 Uniform citation format and procedure.
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(a) Notwithstanding any contrary provision of law, a citation issued by a peace officer or by another person who is authorized by law to issue a citation in the state must comply with standards concerning uniform citation format and procedure adopted by the Department of Public S…
AS 12.25.180 When peace officer may issue citation or take person before the court.
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(a) When a peace officer stops or contacts a person for the commission of a class C felony offense, a misdemeanor, or the violation of a municipal ordinance, the officer may, in the officer's discretion, issue a citation to the person instead of taking the person before a judge o…
AS 12.25.190 When person to be given five-day notice to appear in court.
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(a) When a person is contacted by a peace officer and the peace officer exercises one of the options provided for in AS 12.25.180, the officer shall prepare a written citation and issue it to the person. (b) The time specified in the notice to appear shall be at least two working…
AS 12.25.195 Disposition of scheduled offenses.
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(a) If a person cited for an offense for which a scheduled amount of bail or a fine has been established does not contest the citation, the person may mail or personally deliver to the clerk of the court with appropriate jurisdiction if a bailable offense, or to the clerk of the …
AS 12.25.200 Form for citations.
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(a) The chief administrative officer of each law enforcement agency or other agency authorized to issue citations in the state is responsible for the issuance of books containing appropriate citations, and shall maintain a record of each book and each citation contained in it and…
AS 12.25.210 Disposition and records of citations.
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(a) A peace officer or other person authorized by law to issue a citation, upon issuing a citation to an alleged violator under AS 12.25.180 or other law, on or before the 10th working day after issuance, shall deposit the original or a copy of the citation with a court having ju…
AS 12.25.220 When copy of citation considered a lawful complaint.
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If the form of citation provided under AS 12.25.200 includes information and is sworn to as required under the laws of this state in respect to a complaint charging commission of the offense alleged in the citation, then the citation when filed with a court having jurisdiction is…
AS 12.25.230 Failure to obey citation; limitation on penalty.
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(a) Except as provided in (b) of this section or otherwise specifically provided by law, a person who fails to appear in court to answer the citation, regardless of the disposition of the charge for which the citation was issued, is guilty of a class A misdemeanor. (b) A person w…
AS 12.30.006 Release procedures.
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(a) At the first appearance before a judicial officer, a person charged with an offense shall be released or detained under the provisions of this chapter. (b) At the first appearance before a judicial officer, a person may be detained up to 48 hours for the prosecuting authority…
AS 12.30.010 Bail before or after conviction; restrictions on release without bail. [Repealed, § 30 ch 19 SLA 2010.]
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[Repealed or reserved.]
AS 12.30.011 Release before trial.
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(a) Except as otherwise provided in this chapter, a judicial officer shall order a person charged with an offense to be released on the person's personal recognizance or upon execution of an unsecured appearance bond, on the condition that the person (1) obey all court orders and…
AS 12.30.016 Release before trial in certain cases.
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(a) A judicial officer may impose, in addition to those required or authorized under AS 12.30.011, conditions of release for offenses described in this section, if necessary to reasonably assure the person's appearance or the safety of the victim, other persons, or the community.…
AS 12.30.020 Release before trial. [Repealed, § 30 ch 19 SLA 2010.]
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[Repealed or reserved.]
AS 12.30.021 Third-party custodians.
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(a) In addition to other conditions imposed under AS 12.30.011 or 12.30.016, a judicial officer may appoint a third-party custodian if the officer finds that the appointment will, singly or in combination with other conditions, reasonably ensure the person's appearance and the sa…
AS 12.30.023 Secs. 12.30.023 , 12.30.025. Release before trial in cases involving controlled substances or alcohol; release before trial in cases involving stalking. [Repealed, § 30 ch 19 SLA 2010.]
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[Repealed or reserved.]
AS 12.30.027 Release in domestic violence cases.
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(a) Before ordering release before or after trial, or pending appeal, of a person charged with or convicted of a crime involving domestic violence, the judicial officer shall consider the safety of the victim or other household member. To protect the victim, household member, oth…
AS 12.30.029 Release in sexual abuse and sexual assault cases. [Repealed, § 30 ch 19 SLA 2010.]
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[Repealed or reserved.]
AS 12.30.030 Appeal from conditions of release.
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(a) If a person remains in custody after a review provided for in AS 12.30.006(c) or (d), an appeal may be taken to the court having appellate jurisdiction over the court imposing the conditions. The appellate court shall affirm the order unless it finds that the lower court abus…