Legal Statutes: Alaska

UPDATED October 29, 2012

Print this page

Back to Alaska overview

• Alaska Statutes (select sections)
  • Title 11. CRIMINAL LAW
    • CHAPTER 41. OFFENSES AGAINST THE PERSON
      • Article 1. Homicide
        • Sec. 11.41.100. Murder in the first degree
        • Sec. 11.41.110. Murder in the second degree
        • Sec. 11.41.115. Defenses to murder
        • Sec. 11.41.120. Manslaughter
        • Sec. 11.41.130. Criminally negligent homicide
      • ARTICLE 2. ASSAULT AND RECKLESS ENDANGERMENT
        • Sec. 11.41.200. Assault in the first degree
        • Sec. 11.41.210. Assault in the second degree
        • Sec. 11.41.220. Assault in the third degree
        • Sec. 11.41.230. Assault in the fourth degree
        • Sec. 11.41.250. Reckless endangerment
        • Sec. 11.41.260. Stalking in the first degree
        • Sec. 11.41.270. Stalking in the second degree
        • Sec. 11.41.280. Assault of an unborn child in the first degree
        • Sec. 11.41.282. Assault of an unborn child in the second degree
      • ARTICLE 3. KIDNAPPING, CUSTODIAL INTERFERENCE, AND HUMAN TRAFFICKING
        • Sec. 11.41.300. Kidnapping
        • Sec. 11.41.320. Custodial interference in the first degree
        • Sec. 11.41.330. Custodial interference in the second degree
      • ARTICLE 4. SEXUAL OFFENSES
        • Sec. 11.41.410. Sexual assault in the first degree
        • Sec. 11.41.420. Sexual assault in the second degree
        • Sec. 11.41.425. Sexual assault in the third degree
        • Sec. 11.41.427. Sexual assault in the fourth degree
        • Sec. 11.41.432. Defenses
        • Sec. 11.41.434. Sexual abuse of a minor in the first degree
        • Sec. 11.41.436. Sexual abuse of a minor in the second degree
        • Sec. 11.41.438. Sexual abuse of a minor in the third degree
        • Sec. 11.41.440. Sexual abuse of a minor in the fourth degree
        • Sec. 11.41.450. Incest
      • Article 5. Robbery, Extortion, and Coercion
        • Sec. 11.41.500. Robbery in the first degree
        • Sec. 11.41.510. Robbery in the second degree
        • Sec. 11.41.520. Extortion
        • Sec. 11.41.530. Coercion
    • CHAPTER 46. OFFENSES AGAINST PROPERTY
      • ARTICLE 2. BURGLARY AND CRIMINAL TRESPASS
        • Sec.11.46.300. Burglary in the first degree
        • Sec. 11.46.310. Burglary in the second degree
        • Sec. 11.46.320. Criminal trespass in the first degree
        • Sec. 11.46.330. Criminal trespass in the second degree
      • Article 4. Arson, Criminal Mischief, and Related Offenses
        • Sec. 11.46.400. Arson in the first degree
        • Sec. 11.46.410. Arson in the second degree
        • Sec. 11.46.420. Arson in the third degree
        • Sec. 11.46.427. Criminally negligent burning in the first degree
        • Sec. 11.46.430. Criminally negligent burning in the second degree
        • Sec. 11.46.475. Criminal mischief in the first degree
        • Sec. 11.46.480. Criminal mischief in the second degree
        • Sec. 11.46.482. Criminal mischief in the third degree
        • Sec. 11.46.484. Criminal mischief in the fourth degree
        • Sec. 11.46.486. Criminal mischief in the fifth degree
    • CHAPTER 51. OFFENSES AGAINST THE FAMILY AND VULNERABLE ADULTS
      • ARTICLE 1. OFFENSES AGAINST THE FAMILY
        • Sec. 11.51.100. Endangering the welfare of a child in the first degree
        • Sec. 11.51.110. Endangering the welfare of a child in the second degree
        • Sec. 11.51.120. Criminal nonsupport
        • Sec. 11.51.121. Aiding the nonpayment of child support in the first degree
        • Sec. 11.51.122. Aiding the nonpayment of child support in the second degree
        • Sec. 11.51.125. Failure to permit visitation with a minor
    • Chapter 56. Offenses Against Public Administration
      • Article 5. Obstruction of Public Administration
        • Sec. 11.56.740. Violating a protective order
        • Sec. 11.56.745. Interfering with a report of a crime involving domestic violence
        • Sec. 11.56.807. Terroristic threatening in the first degree
        • Sec. 11.56.810. Terroristic threatening in the second degree
    • CHAPTER 61. OFFENSES AGAINST PUBLIC ORDER
      • Article 1. Riot, Disorderly Conduct, and Related Offenses
        • Sec. 11.61.118. Harassment in the first degree
        • Sec. 11.61.120. Harassment in the second degree
    • Chapter 81. General Provisions
      • Article 7. Definitions
        • Sec.11.81.900. Definitions
  • Title 12. CODE OF CRIMINAL PROCEDURE
    • Chapter 45. Trial, Evidence, Compromise
      • Article 2. Discovery, Testimony, and Evidence
        • Sec. 12.45.045. Evidence of past sexual conduct in trials of certain sexual offenses
    • Chapter 55. Sentencing and Probation
      • Sec. 12.55.015. Authorized sentences; forfeiture
  • Alaska Court Rules
    • Rules of Civil Procedure
      • Part II. Commencement of Action-- Service of Process, Pleadings, Motions and Orders
        • Rule 3. Commencement of Action and Venue
  • Title 18. HEALTH, SAFETY and HOUSING
    • CHAPTER 65. POLICE PROTECTION
      • ARTICLE 7. DOMESTIC VIOLENCE
        • Sec. 18.65.510. Domestic violence training
        • Sec. 18.65.515. Duties of peace officer in a crime involving domestic violence
        • Sec. 18.65.520. Notification to victims of domestic violence
        • Sec. 18.65.530. Mandatory arrest for crimes involving domestic violence, violation of protective orders, and violation of conditions of release
        • Sec. 18.65.540. Central registry of protective orders
        • Sec. 18.65.590. Definition
      • ARTICLE 12. STALKING AND SEXUAL ASSAULT ORDERS AND NOTIFICATION TO STALKING AND ASSAULT VICTIMS
        • Sec. 18.65.850. Protective orders for stalking
        • Sec. 18.65.855. Ex parte and emergency protective orders for stalking
        • Sec. 18.65.860. Modification of protective orders for stalking and sexual assault
        • Sec. 18.65.865. Service of process; forms for petitions and orders; fees; warnings; notification; and pending civil or criminal actions
        • Sec. 18.65.870. Definitions
    • CHAPTER 66. DOMESTIC VIOLENCE AND SEXUAL ASSAULT
      • ARTICLE 1. COUNCIL ON DOMESTIC VIOLENCE AND SEXUAL ASSAULT
        • Sec. 18.66.010. Council on domestic violence and sexual assault; purpose
        • Sec. 18.66.020. Membership, terms, vacancies, and disqualification
        • Sec. 18.66.030. Compensation and expenses
        • Sec. 18.66.040. Meetings and quorum
        • Sec. 18.66.050. Duties of the council
        • Sec. 18.66.060. Qualifications for grants and contracts
        • Sec. 18.66.100. Protective orders: eligible petitioners; relief
        • Sec. 18.66.110. Ex parte and emergency protective orders
        • Sec. 18.66.120. Modification of protective orders
        • Sec. 18.66.130. Specific protective orders
        • Sec. 18.66.140. Filing and enforcement of protective orders issued in other states
        • Sec. 18.66.150. Forms for petitions and orders; fees
        • Sec. 18.66.160. Service of process
        • Sec. 18.66.170. Notification of law enforcement agencies
        • Sec. 18.66.180. Civil liability
      • ARTICLE 3. CONFIDENTIAL COMMUNICATIONS
        • Sec. 18.66.200. Compulsory disclosure of communications prohibited
        • Sec. 18.66.210. Exceptions
        • Sec. 18.66.220. Waiver
        • Sec. 18.66.230. Inference from claim of privilege; instruction
        • Sec. 18.66.250. Definitions
      • ARTICLE 4. PROCEDURES AND EDUCATION
        • Sec. 18.66.300. Standards and procedures for health care in domestic violence cases
        • Sec. 18.66.310. Continuing education for public employees, court system employees, and for prosecuting authorities
      • ARTICLE 5. DOMESTIC VIOLENCE FATALITY REVIEW TEAMS
        • Sec. 18.66.400. Domestic violence fatality review teams
      • ARTICLE 6. GENERAL PROVISIONS
        • Sec. 18.66.990. Definitions
    • Chapter 67. Violent Crimes Compensation Board
      • Sec. 18.67.010. Purpose
      • Sec. 18.67.040. Action on application; hearings
      • Sec. 18.67.050. Attorney fees
      • Sec.18.67.080. Awarding compensation
      • Sec.18.67.101. Incidents and offenses to which this chapter applies
      • Sec. 18.67.110. Nature of the compensation
      • Sec.18.67.130. Limitations on awarding compensation
  • Title 25. MARITAL AND DOMESTIC RELATIONS
    • CHAPTER 20. PARENT AND CHILD
      • Sec. 25.20.010. Age of majority
      • Sec. 25.20.020. Arrival at majority upon marriage
      • Sec. 25.20.025. Examination and treatment of minors
      • Sec. 25.20.030. Duty of parent and child to maintain each other
      • Sec. 25.20.060. Petition for award of child custody
      • Sec. 25.20.061. Visitation in proceedings involving domestic violence
      • Sec. 25.20.065. Visitation rights of grandparent
      • Sec. 25.20.070. Temporary custody of the child
      • Sec. 25.20.080. Mediation of child custody matter
      • Sec. 25.20.090. Factors for consideration in awarding shared child custody
      • Sec. 25.20.095. Custody and visitation proceedings involving a military parent
      • Sec. 25.20.100. Reasons for denial to be set out
      • Sec. 25.20.110. Modification of child custody or visitation
      • Sec. 25.20.115. Attorney fee awards in custody and visitation matters
      • Sec. 25.20.120. Closure of custody proceedings and records
      • Sec. 25.20.130. Access to records of the child
      • Sec. 25.20.140. Action for failure to permit visitation with minor child
    • CHAPTER 24. DIVORCE AND DISSOLUTION OF MARRIAGE
      • Sec. 25.24.050. Grounds for divorce
      • Sec. 25.24.060. Mediation
      • Sec. 25.24.140. Orders during action
      • Sec. 25.24.150. Judgments for custody
      • Sec. 25.24.170. Modification of judgment
      • Sec. 25.24.200. Dissolution of marriage
      • Sec. 25.24.220. Hearing
      • Sec. 25.24.230. Judgment
      • Sec. 25.24.310. Representation of minor
      • Sec. 25.24.450. Decree
    • CHAPTER 30. UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT
      • ARTICLE 1. Jurisdiction
        • Sec. 25.30.300. Initial child custody jurisdiction
        • Sec. 25.30.310. Exclusive, continuing jurisdiction
        • Sec. 25.30.320. Jurisdiction to modify determination
        • Sec. 25.30.330. Temporary emergency jurisdiction
        • Sec. 25.30.340. Notice; opportunity to be heard; joinder
        • Sec. 25.30.350. Simultaneous proceedings
        • Sec. 25.30.360. Inconvenient forum
        • Sec. 25.30.370. Jurisdiction declined because of conduct
        • Sec. 25.30.380. Information to be submitted to court
        • Sec. 25.30.390. Appearance of parties and child
      • ARTICLE 2. Enforcement
        • Sec. 25.30.400. Enforcement under the Hague Convention
        • Sec. 25.30.410. Duty to enforce
        • Sec. 25.30.420. Temporary visitation
        • Sec. 25.30.430. Registration of child custody determination
        • Sec. 25.30.440. Enforcement of registered determination
        • Sec. 25.30.450. Simultaneous proceedings
        • Sec. 25.30.460. Expedited enforcement of child custody determination
        • Sec. 25.30.470. Service of petition and order
        • Sec. 25.30.480. Hearing and order
        • Sec. 25.30.490. Warrant to take physical custody of child
        • Sec. 25.30.500. Costs, fees, and expenses
        • Sec. 25.30.510. Recognition and enforcement
        • Sec. 25.30.520. Appeals
        • Sec. 25.30.590. Definitions
      • ARTICLE 3. Miscellaneous Provisions
        • Sec. 25.30.800. Proceedings governed by other law
        • Sec. 25.30.810. International application of chapter
        • Sec, 25.30.820. Effect of child custody determination
        • Sec. 25.30.830. Priority
        • Sec. 25.30.840. Notice to persons outside the state
        • Sec. 25.30.850. Appearance and limited immunity
        • Sec. 25.30.860. Communication between courts
        • Sec. 25.30.870. Taking testimony in another state
        • Sec. 25.30.880. Cooperation between courts; preservation of records
      • ARTICLE 4. General Provisions
        • Sec. 25.30.901. Application and construction
        • Sec. 25.30.903. Severability clause
        • Sec. 25.30.909. Definitions
        • Sec. 25.30.910. Short title

ARTICLE 4. SEXUAL OFFENSES

back to topSec. 11.41.425. Sexual assault in the third degree

(a) An offender commits the crime of sexual assault in the third degree if the offender

(1) engages in sexual contact with a person who the offender knows is

(A) mentally incapable;

(B) incapacitated; or

(C) unaware that a sexual act is being committed;

(2) while employed in a state correctional facility or other placement designated by the commissioner of corrections for the custody and care of prisoners, engages in sexual penetration with a person who the offender knows is committed to the custody of the Department of Corrections to serve a term of imprisonment or period of temporary commitment;

(3) engages in sexual penetration with a person 18 or 19 years of age who the offender knows is committed to the custody of the Department of Health and Social Services under AS 47.10 or AS 47.12 and the offender is the legal guardian of the person; or

(4) while employed in the state by a law enforcement agency as a peace officer, or while acting as a peace officer in the state, engages in sexual penetration with a person with reckless disregard that the person is in the custody or the apparent custody of the offender, or is committed to the custody of a law enforcement agency.

(b) In this section, “peace officer” has the meaning given in AS 01.10.060.

(c) Sexual assault in the third degree is a class C felony.