Alaska Criminal Laws

Alaska’s criminal laws cover all types of misconduct, from murder and assault to interfering with training a service animal (AK ST § 11.76.133).

Like many states, Alaska divides crimes into three basic categories. Felonies (the most serious crimes), misdemeanors, and violations. Violations involve actions that are not criminal but affect public order, such as traffic violations.

Alaska Criminal Law and Procedure

Alaska’s criminal code has three tiers of felonies and two tiers of misdemeanors. Felonies are classified based on their seriousness, the nature of the injury or harm, and the offender’s culpability.

• Class A felonies include most crimes against people, such as homicide, assault, reckless endangerment, and robbery.
• Class B felonies are less severe crimes against people, crimes against property, and crimes against public safety or order.
• Class C felonies are crimes that are too serious to be misdemeanors but not serious enough to be Class A or B felonies.
• Class A misdemeanors are all criminal acts against people and property that are likely to cause harm or damage but are less violent than felonies.
• Class B misdemeanors are non-violent crimes against people and property and minor offenses against public health and decency.

Alaska’s Code of Criminal Procedure determines the degree of punishment for each type of crime. Most crimes in Alaska have specified sentences included in the statute.

Offenses Against the Person

Homicide (AK ST § 11.41.100 et seq.) has no predetermined sentence. The Code of Criminal Procedure (AK ST § 12.55.125) determines sentencing for the degrees of homicide. Alaska does not have capital punishment. The minimum mandatory sentence for first-degree murder is 30 years, or 99 years, with special circumstances.

Other crimes against persons include:

• Assault
• Stalking
• Kidnapping
• Human trafficking
• Sexual assault
• Robbery

Alaska has an affirmative "stand your ground" defense, meaning a person may use any force up to lethal force without a duty to retreat in any location they have a legal right to be (AK ST § 11.81.335).

Domestic Violence

Domestic violence crimes are codified under AK ST § 18.66.990 Health and Human Rights. Prosecutors charge defendants under the applicable code section with a notation that the parties were from the same family or household.

Crimes Against Property

Property crimes include theft of property (AK ST §11.46.100), but also:

• Theft by deception (lying or fraud)
• Receipt of stolen property
• Issuing bad checks
• Burglary and criminal trespass
• Arson
• Forgery

Because of the harsh weather in the state of Alaska, state laws allow entry or occupancy of another’s property if there is "an emergency in the case of immediate and dire need." (AK ST §11.46.340). The defendant must show an immediate need and report the entry as soon as reasonably practical to the owner or law enforcement. In such cases, the defendant may be liable for any damage to the property caused by the entry.

Crimes Against Morality and Decency

This is an archaic term for prostitution, sex trafficking, and gambling. Gambling is a minor violation with a fine of not more than $1,000 for a second offense.

Prostitution is a Class B misdemeanor unless the defendant is an adult who purchased the services of a minor. The adult defendant in the transaction commits a Class C felony.

No Prosecution for Safe Surrender

Alaska’s General Provisions of Criminal Law specify that a parent may not be criminally prosecuted for surrendering an infant under 21 days old if they follow the statute’s requirements (AK ST §11.81.500). Abandonment of an infant immediately extinguishes all parental rights (AK ST § 47.10.013). Parents must surrender the infant to an approved agency, a peace officer, or a fire department.

Get Legal Advice from an Alaska Criminal Justice Attorney

Whether your criminal case involves a simple motor vehicle violation or possession of a controlled substance, you need legal advice from an Alaska criminal defense attorney. Protect your civil rights and personal freedom.