Title 46 — Criminal Justice
42 chapters · 423 sections in this title.
A.S.C.A. § 46.3101 Short title
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This title shall be known and may be cited as “The Criminal Justice Act of 1979”. History: 1979, PL 16-43 § 2.
A.S.C.A. § 46.3102 Classes of crimes
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(a) An offense defined by this title or by any other statute of this Territory for which a sentence of death or imprisonment is authorized, constitutes a “crime”. Crimes are classified as felonies and misdemeanors. (b) A crime is a “felony” if it is so designated or if persons co…
A.S.C.A. § 46.3103 Infractions
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(a) An offense defined by this title or by any other statute of this Territory constitutes an “infraction” if it is so designated or if no other sentence than a fine, or fine and forfeiture or other civil penalty is authorized upon conviction. (b) An infraction does not constitut…
A.S.C.A. § 46.3104 Offenses and infractions must be defined by statute
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No conduct constitutes an offense or an infraction unless made so by this title, other applicable statutes, or the Uniform Village Regulations. History: 1979, PL 16-43 § 2.
A.S.C.A. § 46.3105 Application to offenses committed before and after enactment
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(a) The provisions of this title govern the construction and punishment for any offense defined in this title and committed after 31 December 1979, as well as the construction and application of any defense to a prosecution for that offense. (b) Offenses defined outside of this t…
A.S.C.A. § 46.3106 Time limitations
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(a) A prosecution for any class A felony may be commenced at any time. (b) Except as otherwise provided in this section, prosecutions for other offenses must be commenced within the following periods of limitation: (1) for any felony, 3 years; (2) for any misdemeanor, 1 year; (3)…
A.S.C.A. § 46.3107 Limitation on conviction for multiple offenses
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When the same conduct of a person may establish the commission of more than 1 offense, he may be prosecuted for each offense. He may not, however, be convicted of more than 1 offense if: (1) 1 offense is included in the other, as defined in 46.3108; or (2) inconsistent findings o…
A.S.C.A. § 46.3108 Conviction of included offenses
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(a) A defendant may be convicted of an offense included in an offense charged in the indictment or information. An offense is so included when: (1) it is established by proof of it or less than all the facts required to establish the com-mission of the offense charged; or (2) it …
A.S.C.A. § 46.3109 Burden of injecting the issue
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When the phrase “the defendant has the burden of injecting the issue” is used in this title it means: (1) the defense referred to is not submitted to the trier of fact unless supported by some evidence; and (2) if the issue is submitted to the trier of fact, any reasonable doubt …
A.S.C.A. § 46.3110 Affirmative defense
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When the phrase “affirmative defense” is used in this title, it means: (1) the defense referred to is not submitted to the trier of fact unless supported by evidence; and (2) if the defense is submitted to the trier of fact, the defendant has the burden of persuasion that the def…
A.S.C.A. § 46.3111 Definitions
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In this title, unless the context requires a different definition, the following shall apply: (1) “Affirmative defense” has the meaning specified in 46.3110. (2) “Burden of injecting the issue” has the meaning specified in 46.3109. (3) Confinement: a person is in “confinement” wh…