Alaska Manslaughter Laws

Most jurisdictions categorize criminal homicide as either murder or manslaughter. Murder cases involve a defendant who intentionally takes a human life with premeditation and malice aforethought. Manslaughter, on the other hand, does not include either of these things.

While Alaska law does divide homicide into murder and manslaughter, it defines these crimes quite differently from other states. In Alaska, a murder conviction does not require that the state prove premeditation or malice aforethought. Alaska lawmakers abandoned the common law definitions of murder and manslaughter years ago.

This article explains how Alaska criminal law defines manslaughter, including the penalties and defenses to this crime. If you’re facing manslaughter charges or any other criminal charge, contact an experienced Alaska criminal defense attorney. They can explain your options under state law and help protect your rights.

How Does Alaska Law Define Murder and Manslaughter?

The Alaska criminal code divides the crime of homicide into multiple categories. It breaks down the crime of murder into murder in the first degree and murder in the second degree. The homicides that do not qualify as murder fall under either manslaughter or criminally negligent homicide.

Alaska law does not define murder and manslaughter the way most states do. There is no requirement for deliberation, premeditation, or malice aforethought. The state criminal code does not limit manslaughter to cases involving “heat of passion” or provocation. Instead, the courts look at a defendant’s culpable mental state at the time of the killing.

Alaska law recognizes the following types of homicide:

Murder

In general, murder is the intentional killing of another human being. Like most states, Alaska breaks down the crime of murder by degrees:

First-degree murder occurs in Alaska when someone:

• Intentionally causes the death of another person
• Compels or induces someone to commit suicide through duress or deception
• Causes the death of a child during an attempted kidnapping or a sexual offense against that child
• Causes a person’s death while committing first-degree criminal mischief
• Causes someone’s death while making first-degree terroristic threats

Second-degree murder charges apply when a person’s death occurs because of:

• An intent to cause serious physical injury while knowing the conduct is substantially certain to cause death or serious injury
• Conduct that exhibits an extreme indifference to human life
• A commission or attempt of certain crimes, including kidnapping, arson, sexual assault, and sexual abuse of a minor

Murder charges are among the most serious crimes in Alaska.

Manslaughter

The Alaska manslaughter statute is a bit broader. Prosecutors can bring these charges if someone intentionally, knowingly, or recklessly causes the death of another person under circumstances that do not fall under first- or second-degree murder.

Unlike murder, manslaughter does not require proof that the defendant acted with extreme indifference to human life or intended to cause serious physical injury while knowing their conduct was substantially certain to cause death. If two people get into a sudden physical altercation and one person intentionally strikes the other, causing unexpected death, this could be charged as manslaughter rather than murder if the defendant didn’t intend serious injury or act with extreme indifference to human life.

Manslaughter charges can apply if someone helps another person attempt or complete suicide. Alaska also allows prosecutors to bring manslaughter charges in cases where drug trafficking leads to an overdose death.

Criminally Negligent Homicide

Most states break the crime of manslaughter into voluntary and involuntary manslaughter. This is not the case in Alaska. Instead, Alaska law classifies what one would typically refer to as involuntary manslaughter as criminally negligent homicide.

Criminally negligent homicide occurs when a person causes the death of another human being while performing a criminally negligent act. When determining negligence, the courts apply the reasonable person standard.

Alaska Statute defines criminal negligence as failing to use reasonable care when performing a particular act. Criminally negligent homicide occurs when a person is criminally negligent and their behavior causes the death of another person. A prime example of criminally negligent homicide is when a parent forgets to secure a loaded gun and it’s found by a child, who then accidentally takes either their own or another life.

Homicides Involving a Fetus

Alaska law also has separate statutes for cases where the victim is in the womb. These crimes include murder of an unborn child, manslaughter of an unborn child, and criminally negligent homicide of an unborn child. This does not apply to legal abortions, which remain a protected right in Alaska.

Is Causing a Fatal DUI Accident Manslaughter in Alaska?

The Alaska state legislature has not implemented a specific statute to address vehicular homicide. When a person causes a fatal drunk driving accident, they may face manslaughter, criminally negligent homicide, or murder charges. It all depends on the defendant’s culpable mental state. The judge or jury will review the facts of the case and determine which level of homicide to apply.

Few DUI accident cases lead to murder charges. The Alaska Supreme Court has held that the defendant in this type of case must demonstrate extreme recklessness to substantiate a charge of murder. In most instances, the state will charge a person who kills someone in a drunk driving accident with either manslaughter or criminally negligent homicide.

Penalties for Manslaughter in Alaska

Manslaughter is a Class A felony, which carries a possible prison sentence of up to 20 years and a fine of up to $250,000. The related charge of criminally negligent homicide is a Class B felony and is punishable by up to 10 years in prison and a fine of up to $100,000.

Defenses

If you’re charged with manslaughter in Alaska, several defenses may be available depending on the circumstances of your case. A criminal defense attorney can evaluate which defenses might apply to your situation. These include:

• Lack of required mental state: The prosecution must prove that you acted intentionally, knowingly, or recklessly. Your attorney may argue that you lacked the required mental state for manslaughter. For instance, if the death was truly accidental and didn’t involve reckless behavior, you may have a defense to the charges.
• Self-defense or defense of others: Alaska law allows the use of reasonable force to protect yourself or others from harm. If you used justifiable force in self-defense and the other person died as a result, this may be a complete defense to manslaughter charges. The key issue is whether the force used was reasonable under the circumstances.
• Lack of causation: Your attorney may argue that your actions did not actually cause the victim’s death. For example, if the death resulted from an intervening cause or the victim’s pre-existing medical condition, the prosecution may not be able to prove the necessary causal connection.
• Diminished capacity: Evidence of mental impairment, intoxication, or other conditions that affected your ability to form the required mental state may support a defense or reduce the severity of the charges. This may not entirely absolve you of blame.

An experienced criminal defense lawyer can thoroughly investigate the facts of your case and determine which defense strategy offers the best chance of success.

An Experienced Alaska Criminal Defense Attorney Can Help

If you or someone close to you is facing a charge of manslaughter or criminally negligent homicide, consult a local criminal defense attorney. The penalties for these crimes are severe and can have a lasting impact on the rest of your life. A skilled defense lawyer will work hard to poke holes in the state’s case. In the worst case, they’ll try to negotiate a favorable plea bargain with the prosecutor’s office.