Alaska Stalking Laws

Note: If you or someone you know is the victim of domestic violence, call the National Domestic Violence Hotline at 1-800-799-SAFE (7233), the Alaska Network on Domestic Violence & Sexual Assault, or your local police department.

While stalking laws vary from state to state, most jurisdictions define the crime as a course of nonconsensual contact that causes a victim to fear death or physical injury. Alaska law defines the crime of stalking as a pattern of malicious behavior toward a victim that places them in fear for their life and physical safety.

This article discusses Alaska’s stalking statutes in more detail, including the penalties and possible defenses to this crime. It also examines and explains how the courts distinguish between first-degree and second-degree stalking.

The penalties for stalking in Alaska can be quite severe. If you find yourself facing charges, consider speaking with a seasoned criminal defense attorney after your arrest.

How Does Alaska Law Define the Crime of Stalking?

Alaska’s definition of stalking is similar to that of most other states. Alaska law defines stalking as knowingly or recklessly engaging in a course of conduct that places the victim in fear of death or physical injury. It also extends to behavior that makes the victim fear the death or physical injury of a family member.

The Alaska Supreme Court has defined “course of conduct” as a series of repeated acts over time. It is not enough that an individual makes contact with a person one time or several times over a short period. The state must prove that the defendant engaged in repeated acts against the person over a period of time. If the prosecutor cannot prove each element of the statutory definition of stalking beyond a reasonable doubt, the court must dismiss the charges or enter an acquittal.

First-Degree Stalking vs. Second-Degree Stalking

Most states break the crime of stalking into degrees. For example, New York law recognizes third- and fourth-degree stalking. Alaska statutes recognize only first- and second-degree stalking.

The primary difference between the classifications is that a person commits first-degree stalking when aggravating factors are present. For example, if a person in Alaska stalks a person under 16 years of age, they’ll face first-degree stalking charges because the victim is a young minor. Had the victim been older than 16, the defendant might have faced second-degree stalking charges instead.

Some of the aggravating factors that can escalate a second-degree stalking charge into a first-degree stalking charge include, but are not limited to, the following:

• Committing stalking while on parole or probation
• Stalking someone who has a protective order against the defendant
• The defendant’s behavior violates a court order.
• The victim is under the age of 16
• Use of a deadly weapon
• Previous stalking convictions (first- or second-degree)
• Prior convictions for other serious crimes such as sexual assault, murder, criminally negligent homicide, exploitation of a minor, etc.

It’s vital to understand the specific charges against you. Under Alaska law, second-degree stalking is a Class A misdemeanor, while first-degree stalking is a Class C felony. A Class C felony carries a prison sentence of up to five years. Speaking with a criminal defense attorney can help you understand the degree you may face and what your dest defense might be.

Penalties for Stalking in the State of Alaska

The penalties for stalking in Alaska depend on the specific charge. The penalties for first-degree stalking are much more severe than the penalties for second-degree stalking.

The specific penalties for second-degree stalking include:

• Up to one year in jail
• Fines of up to $10,000

The penalties for a first-degree stalking conviction include:

• A prison sentence of up to five years
• Fines of up to $10,000

The judge may order fines greater than $10,000 if you are guilty of first-degree stalking. The exact amount depends on the specific facts of your case and your criminal history.

Depending on the facts of your stalking case, you may face additional penalties. For example, if you are found guilty of sexual assault along with stalking, the judge may order you to register as a sex offender. Furthermore, if the defendant has children with the victim, the court may award temporary custody of the children to someone other than the defendant.

Possible Defenses to Stalking Charges Under Alaska Law

Regardless of the specific charges the state files, you’ll need to launch a strong defense. The best way to do this is to hire a criminal defense lawyer who has experience handling stalking cases.

Some of the possible defenses to stalking in Alaska include:

• The defendant did not engage in repeated acts as required by the Alaska stalking laws
• The defendant did not commit acts of nonconsensual contact, as the victim consented to communications on social media, electronic communications, or in person
• The alleged victim filed false allegations against the defendant
• The defendant never created a sense of fear of death or physical injury
• The defendant’s communications were not malicious, harmful, or unwelcome
• Unlawful arrest on the part of law enforcement

This is not an exhaustive list. Your attorney may be able to prove that the prosecutor filed charges against the wrong person. This is the situation in cases involving mistaken identity and actual innocence.

Stalking and Domestic Violence

Many stalking cases involve victims of domestic violence. Alaska’s stalking statute requires that the charge increase to first-degree stalking if the defendant engaged in stalking behavior while the subject of a restraining order.

In Alaska, family court oversees restraining orders for both stalking victims and victims of domestic violence. A family law judge may issue a protective order or a restraining order. If a defendant in a stalking case violates that court order, they’ll face first-degree stalking charges instead of second-degree.

The Alaska Court System offers resources for victims of domestic violence and stalking. It also provides self-help resources for people facing family law issues.

An Experienced Criminal Defense Attorney Can Help

If you or a loved one is facing stalking charges in Alaska, consider speaking with a criminal defense lawyer sooner rather than later. Things move quickly after your arrest, and having an attorney by your side can make the process less daunting. A skilled criminal defense attorney will also craft a strong legal defense strategy and seek either an acquittal or a favorable plea bargain. Contact a local criminal law attorney today to schedule your initial consultation.