(a) A person commits the crime of criminally negligent homicide if, with criminal negligence, the person causes the death of another person.
(b) Criminally negligent homicide is a class B felony.
(a) A person commits the crime of reckless endangerment if the person recklessly engages in conduct which creates a substantial risk of serious physical injury to another person.
(b) Reckless endangerment is a class A misdemeanor.
If more than one person dies as a result of a person committing conduct constituting a crime specified in AS 11.41.100 - 11.41.130, each death constitutes a separately punishable offense.
(a) A person commits the crime of manslaughter if the person
(1) intentionally, knowingly, or recklessly causes the death of another person under circumstances not amounting to murder in the first or second degree; or
(2) intentionally aids another person to commit suicide.
(b) Manslaughter is a class A felony.
(a) A person commits the crime of incest if, being 18 years of age or older, that person engages in sexual penetration with another who is related, either legitimately or illegitimately, as
(1) an ancestor or descendant of the whole or half blood;
(2) a brother or sister of the whole or half blood; or
(3) an uncle, aunt, nephew, or niece by blood.
(b) Incest is a class C felony.
Repealed or Renumbered
Repealed or Renumbered
(a) A person commits the crime of custodial interference in the second degree if, being a relative of a child under 18 years of age or a relative of an incompetent person and knowing that the person has no legal right to do so, the person takes, entices, or keeps that child or incompetent person from a lawful custodian with intent to hold the child or incompetent person for a protracted period.
(b) Custodial interference in the second degree is a class A misdemeanor.
(a) A person commits the crime of assault in the fourth degree if
(1) that person recklessly causes physical injury to another person;
(2) with criminal negligence that person causes physical injury to another person by means of a dangerous instrument; or
(3) by words or other conduct that person recklessly places another person in fear of imminent physical injury.
(b) Assault in the fourth degree is a class A misdemeanor.
(a) A person commits the crime of custodial interference in the first degree if the person violates AS 11.41.330 and causes the child or incompetent person to be
(1) removed from the state; or
(2) kept outside the state.
(b) Custodial interference in the first degree is a class C felony.
In AS 11.41.100 - 11.41.140 'person', when referring to the victim of a crime, means a human being who has been born and was alive at the time of the criminal act. A person is 'alive' if there is spontaneous respiratory or cardiac function or, when respiratory and cardiac functions are maintained by artificial means, there is spontaneous brain function.
Article 02. ASSAULT AND RECKLESS ENDANGERMENT
(a) An offender commits the crime of indecent exposure in the second degree if the offender knowingly exposes the offender's genitals in the presence of another person with reckless disregard for the offensive, insulting, or frightening effect the act may have.
(b) Indecent exposure in the second degree before a person under 16 years of age is a class A misdemeanor. Indecent exposure in the second degree before a person 16 years of age or older is a class B misdemeanor.
(a) A person commits the crime of robbery in the second degree if, in the course of taking or attempting to take property from the immediate presence and control of another, the person uses or threatens the immediate use of force upon any person with intent to
(1) prevent or overcome resistance to the taking of the property or the retention of the property after taking; or
(2) compel any person to deliver the property or engage in other conduct which might aid in the taking of the property.
(b) Robbery in the second degree is a class B felony.
(a) A person commits the crime of assault in the second degree if
(1) with intent to cause physical injury to another person, that person causes physical injury to another person by means of a dangerous instrument;
(2) that person recklessly causes serious physical injury to another person; or
(3) that person recklessly causes serious physical injury to another by repeated assaults, even if each assault individually does not cause serious physical injury.
(b) Assault in the second degree is a class B felony.
(a) An offender commits the crime of indecent exposure in the first degree if
(1) the offender violates AS 11.41.460 (a);
(2) while committing the act constituting the offense, the offender knowingly masturbates; and
(3) the offense occurs within the observation of a person under 16 years of age.
(b) Indecent exposure in the first degree is a class C felony.
(a) A person commits the crime of assault in the first degree if
(1) that person recklessly causes serious physical injury to another by means of a dangerous instrument;
(2) with intent to cause serious physical injury to another, the person causes serious physical injury to any person;
(3) the person knowingly engages in conduct that results in serious physical injury to another under circumstances manifesting extreme indifference to the value of human life; or
(4) that person recklessly causes serious physical injury to another by repeated assaults using a dangerous instrument, even if each assault individually does not cause serious physical injury.
(b) Assault in the first degree is a class A felony.
(a) A person commits the crime of robbery in the first degree if the person violates AS 11.41.510 and, in the course of violating that section or in immediate flight thereafter, that person or another participant
(1) is armed with a deadly weapon or represents by words or other conduct that either that person or another participant is so armed;
(2) uses or attempts to use a dangerous instrument or a defensive weapon or represents by words or other conduct that either that person or another participant is armed with a dangerous instrument or a defensive weapon; or
(3) causes or attempts to cause serious physical injury to any person.
(b) Robbery in the first degree is a class A felony.
(a) An offender commits the crime of sexual abuse of a minor in the fourth degree if
(1) being under 16 years of age, the offender engages in sexual contact with a person who is under 13 years of age and at least three years younger than the offender; or
(2) being 18 years of age or older, the offender engages in sexual contact with a person who is 16 or 17 years of age and at least three years younger than the offender, and the offender occupies a position of authority in relation to the victim.
(b) Sexual abuse of a minor in the fourth degree is a class A misdemeanor.
(a) An offender commits the crime of sexual abuse of a minor in the third degree if
(1) being 16 years of age or older, the offender engages in sexual contact with a person who is 13, 14, or 15 years of age and at least three years younger than the offender;
(2) being 18 years of age or older, the offender engages in sexual penetration with a person who is 16 or 17 years of age and at least three years younger than the offender, and the offender occupies a position of authority in relation to the victim; or
(3) being under 16 years of age, the offender engages in sexual penetration with a person who is under 13 years of age and at least three years younger than the offender.
(b) Sexual abuse of a minor in the third degree is a class C felony.
(a) Property used to aid a violation of AS 11.41.410 - 11.41.458 or to aid the solicitation of, attempt to commit, or conspiracy to commit a violation of AS 11.41.410 - 11.41.458 may be forfeited to the state upon the conviction of the offender.
(b) In this section, 'property' means computer equipment, telecommunications equipment, photography equipment, video or audio equipment, books, magazines, photographs, videotapes, audiotapes, and any equipment or device, regardless of format or technology employed, that can be used to store, create, modify, receive, transmit, or distribute digital or analog information, including images, motion pictures, and sounds.
(a) An offender commits the crime of sexual assault in the fourth degree if
(1) while employed in a state correctional facility or other placement designated by the commissioner of corrections for the custody and care of prisoners, the offender engages in sexual contact 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; or
(2) the offender engages in sexual contact 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.
(b) Sexual assault in the fourth degree is a class A misdemeanor.
(a) In a prosecution under AS 11.41.434 - 11.41.440 it is an affirmative defense that, at the time of the alleged offense, the victim was the legal spouse of the defendant unless the offense was committed without the consent of the victim.
(b) In a prosecution under AS 11.41.410 - 11.41.440, whenever a provision of law defining an offense depends upon a victim's being under a certain age, it is an affirmative defense that, at the time of the alleged offense, the defendant
(1) reasonably believed the victim to be that age or older; and
(2) undertook reasonable measures to verify that the victim was that age or older.
(a) An offender commits the crime of sexual abuse of a minor in the first degree if
(1) being 16 years of age or older, the offender engages in sexual penetration with a person who is under 13 years of age or aids, induces, causes, or encourages a person who is under 13 years of age to engage in sexual penetration with another person;
(2) being 18 years of age or older, the offender engages in sexual penetration with a person who is under 18 years of age, and the offender is the victim's natural parent, stepparent, adopted parent, or legal guardian; or
(3) being 18 years of age or older, the offender engages in sexual penetration with a person who is under 16 years of age, and
(A) the victim at the time of the offense is residing in the same household as the offender and the offender has authority over the victim; or
(B) the offender occupies a position of authority in relation to the victim.
(b) Sexual abuse of a minor in the first degree is an unclassified felony and is punishable as provided in AS 12.55.
In AS 11.41.300 - 11.41.370, unless the context requires otherwise,
(1) 'lawful custodian' means a parent, guardian, or other person responsible by authority of law for the care, custody, or control of another;
(2) 'relative' means a parent, stepparent, ancestor, descendant, sibling, uncle, or aunt, including a relative of the same degree through marriage or adoption;
(3) 'restrain' means to restrict a person's movements unlawfully and without consent, so as to interfere substantially with the person's liberty by moving the person from one place to another or by confining the person either in the place where the restriction commences or in a place to which the person has been moved; a restraint is 'without consent' if it is accomplished
(A) by acquiescence of the restrained person, if the restrained person is under 16 years of age or is incompetent and the restrained person's lawful custodian has not acquiesced in the movement or confinement; or
(B) by force, threat, or deception.
Article 04. SEXUAL OFFENSES
(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; or
(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.
(b) Sexual assault in the third degree is a class C felony.
(a) An offender commits the crime of sexual assault in the second degree if
(1) the offender engages in sexual contact with another person without consent of that person;
(2) the offender engages in sexual contact with a person
(A) who the offender knows is mentally incapable; and
(B) who is in the offender's care
(i) by authority of law; or
(ii) in a facility or program that is required by law to be licensed by the state;
(3) the offender engages in sexual penetration with a person who the offender knows is
(A) mentally incapable;
(B) incapacitated; or
(C) unaware that a sexual act is being committed; or
(4) the offender engages in sexual contact with a person who the offender knows is unaware that a sexual act is being committed and
(A) the offender is a health care worker; and
(B) the offense takes place during the course of professional treatment of the victim.
(b) Sexual assault in the second degree is a class B felony.
(a) It is a defense to a crime charged under AS 11.41.410 (a)(3), 11.41.420(a)(2), 11.41.420(a)(3), or 11.41.425 that the offender is
(1) mentally incapable; or
(2) married to the person and neither party has filed with the court for a separation, divorce, or dissolution of the marriage.
(b) Except as provided in (a) of this section, in a prosecution under AS 11.41.410 or 11.41.420, it is not a defense that the victim was, at the time of the alleged offense, the legal spouse of the defendant.
(a) An offender commits the crime of sexual assault in the first degree if
(1) the offender engages in sexual penetration with another person without consent of that person;
(2) the offender attempts to engage in sexual penetration with another person without consent of that person and causes serious physical injury to that person;
(3) the offender engages in sexual penetration with another person
(A) who the offender knows is mentally incapable; and
(B) who is in the offender's care
(i) by authority of law; or
(ii) in a facility or program that is required by law to be licensed by the state; or
(4) the offender engages in sexual penetration with a person who the offender knows is unaware that a sexual act is being committed and
(A) the offender is a health care worker; and
(B) the offense takes place during the course of professional treatment of the victim.
(b) Sexual assault in the first degree is an unclassified felony and is punishable as provided in AS 12.55.
(a) A person commits the crime of coercion if the person compels another to engage in conduct from which there is a legal right to abstain or abstain from conduct in which there is a legal right to engage, by means of instilling in the person who is compelled a fear that, if the demand is not complied with, the person who makes the demand or another may
(1) inflict physical injury on anyone, except under circumstances constituting robbery in any degree, or commit any other crime;
(2) accuse anyone of a crime;
(3) expose confidential information or a secret, whether true or false, tending to subject a person to hatred, contempt, or ridicule or to impair the person's credit or business repute;
(4) take or withhold action as a public servant or cause a public servant to take or withhold action;
(5) bring about or continue a strike, boycott, or other collective unofficial action, if the property is not demanded or received for the benefit of the group in whose interest the person making the threat or suggestion purports to act;
(6) testify or provide information or withhold testimony or information with respect to a person's legal claim or defense.
(b) It is a defense to a prosecution under (a)(2), (3), or (4) of this section that the defendant reasonably believed that the accusation or exposure was true or that the lawsuit or other invocation of official action was justified and that the defendant's sole intent was to compel or induce the victim to take reasonable action to correct the wrong that is the subject of the accusation, exposure, lawsuit, or invocation of official action or to refrain from committing an offense.
(c) Coercion is a class C felony.
(a) An offender commits the crime of sexual abuse of a minor in the second degree if
(1) being 16 years of age or older, the offender engages in sexual penetration with a person who is 13, 14, or 15 years of age and at least three years younger than the offender, or aids, induces, causes or encourages a person who is 13, 14, or 15 years of age and at least three years younger than the offender to engage in sexual penetration with another person;
(2) being 16 years of age or older, the offender engages in sexual contact with a person who is under 13 years of age or aids, induces, causes, or encourages a person under 13 years of age to engage in sexual contact with another person;
(3) being 18 years of age or older, the offender engages in sexual contact with a person who is under 18 years of age, and the offender is the victim's natural parent, stepparent, adopted parent, or legal guardian;
(4) being 16 years of age or older, the offender aids, induces, causes, or encourages a person who is under 16 years of age to engage in conduct described in AS 11.41.455 (a)(2) - (6); or
(5) being 18 years of age or older, the offender engages in sexual contact with a person who is under 16 years of age, and
(A) the victim at the time of the offense is residing in the same household as the offender and the offender has authority over the victim; or
(B) the offender occupies a position of authority in relation to the victim.
(b) Sexual abuse of a minor in the second degree is a class B felony.
(a) A person commits the crime of unlawful exploitation of a minor if, in the state and with the intent of producing a live performance, film, audio, video, electronic, or electromagnetic recording, photograph, negative, slide, book, newspaper, magazine, or other material that visually or aurally depicts the conduct listed in (1) - (7) of this subsection, the person knowingly induces or employs a child under 18 years of age to engage in, or photographs, films, records, or televises a child under 18 years of age engaged in, the following actual or simulated conduct:
(1) sexual penetration;
(2) the lewd touching of another person's genitals, anus, or breast;
(3) the lewd touching by another person of the child's genitals, anus, or breast;
(4) masturbation;
(5) bestiality;
(6) the lewd exhibition of the child's genitals; or
(7) sexual masochism or sadism.
(b) A parent, legal guardian, or person having custody or control of a child under 18 years of age commits the crime of unlawful exploitation of a minor if, in the state, the person permits the child to engage in conduct described in (a) of this section knowing that the conduct is intended to be used in producing a live performance, film, audio, video, electronic, or electromagnetic recording, photograph, negative, slide, book, newspaper, magazine, or other material that visually or aurally depicts the conduct.
(c) Unlawful exploitation of a minor is a
(1) class B felony; or
(2) class A felony if the person has been previously convicted of unlawful exploitation of a minor in this jurisdiction or a similar crime in this or another jurisdiction.
(d) In this section, 'audio recording' means a nonbook prerecorded item without a visual component, and includes a record, tape, cassette, and compact disc.
(a) A person commits the crime of stalking in the second degree if the person knowingly engages in a course of conduct that recklessly places another person in fear of death or physical injury, or in fear of the death or physical injury of a family member.
(b) In this section,
(1) 'course of conduct' means repeated acts of nonconsensual contact involving the victim or a family member;
(2) 'family member' means a
(A) spouse, child, grandchild, parent, grandparent, sibling, uncle, aunt, nephew, or niece, of the victim, whether related by blood, marriage, or adoption;
(B) person who lives, or has previously lived, in a spousal relationship with the victim;
(C) person who lives in the same household as the victim; or
(D) person who is a former spouse of the victim or is or has been in a dating, courtship, or engagement relationship with the victim;
(3) 'nonconsensual contact' means any contact with another person that is initiated or continued without that person's consent, that is beyond the scope of the consent provided by that person, or that is in disregard of that person's expressed desire that the contact be avoided or discontinued; 'nonconsensual contact' includes
(A) following or appearing within the sight of that person;
(B) approaching or confronting that person in a public place or on private property;
(C) appearing at the workplace or residence of that person;
(D) entering onto or remaining on property owned, leased, or occupied by that person;
(E) contacting that person by telephone;
(F) sending mail or electronic communications to that person;
(G) placing an object on, or delivering an object to, property owned, leased, or occupied by that person;
(4) 'victim' means a person who is the target of a course of conduct.
(c) Stalking in the second degree is a class A misdemeanor.
Article 03. KIDNAPPING AND CUSTODIAL INTERFERENCE
(a) A person commits the crime of murder in the first degree if
(1) with intent to cause the death of another person, the person
(A) causes the death of any person; or
(B) compels or induces any person to commit suicide through duress or deception;
(2) the person knowingly engages in conduct directed toward a child under the age of 16 and the person with criminal negligence inflicts serious physical injury on the child by at least two separate acts, and one of the acts results in the death of the child;
(3) acting alone or with one or more persons, the person commits or attempts to commit a sexual offense against or kidnapping of a child under 16 years of age and, in the course of or in furtherance of the offense or in immediate flight from that offense, any person causes the death of the child; in this paragraph, 'sexual offense' means an offense defined in AS 11.41.410 - 11.41.470;
(4) acting alone or with one or more persons, the person commits or attempts to commit criminal mischief in the first degree under AS 11.46.475 and, in the course of or in furtherance of the offense or in immediate flight from that offense, any person causes the death of a person other than one of the participants; or
(5) acting alone or with one or more persons, the person commits terroristic threatening in the first degree under AS 11.56.807 and, in the course of or in furtherance of the offense or in immediate flight from that offense, any person causes the death of a person other than one of the participants.
(b) Murder in the first degree is an unclassified felony and is punishable as provided in AS 12.55.
(a) A person commits the crime of assault in the third degree if that person
(1) recklessly
(A) places another person in fear of imminent serious physical injury by means of a dangerous instrument;
(B) causes physical injury to another person by means of a dangerous instrument; or
(C) while being 18 years of age or older
(i) causes physical injury to a child under 10 years of age and the injury reasonably requires medical treatment;
(ii) causes physical injury to a child under 10 years of age on more than one occasion;
(2) with intent to place another person in fear of death or serious physical injury to the person or the person's family member makes repeated threats to cause death or serious physical injury to another person;
(3) while being 18 years of age or older, knowingly causes physical injury to a child under 16 years of age but at least 10 years of age and the injury reasonably requires medical treatment; or
(4) with criminal negligence causes serious physical injury under AS 11.81.900(b)(56)(B) to another person by means of a dangerous instrument.
(b) In a prosecution under (a)(3) of this section, it is an affirmative defense that, at the time of the alleged offense, the defendant reasonably believed the victim to be 16 years of age or older, unless the victim was under 13 years of age at the time of the alleged offense.
(c) In this section, 'the person's family member' means
(1) a spouse, child, grandchild, parent, grandparent, sibling, uncle, aunt, nephew, or niece, of the person, whether related by blood, marriage, or adoption;
(2) a person who lives or has lived, in a spousal relationship with the person;
(3) a person who lives in the same household as the person; or
(4) a person who is a former spouse of the person or is or has been in a dating, courtship, or engagement relationship with the person.
(d) Assault in the third degree is a class C felony.
(a) A person commits the crime of extortion if the person obtains the property of another by threatening or suggesting that either that person or another may
(1) inflict physical injury on anyone, except under circumstances constituting robbery in any degree, or commit any other crime;
(2) accuse anyone of a crime;
(3) expose confidential information or a secret, whether true or false, tending to subject a person to hatred, contempt, or ridicule or to impair the person's credit or business repute;
(4) take or withhold action as a public servant or cause a public servant to take or withhold action;
(5) bring about or continue a strike, boycott, or other collective unofficial action, if the property is not demanded or received for the benefit of the group in whose interest the person making the threat or suggestion purports to act;
(6) testify or provide information or withhold testimony or information with respect to a person's legal claim or defense; or
(7) inflict any other harm which would not benefit the person making the threat or suggestion.
(b) A threat or suggestion to perform any of the acts described in (a) of this section includes an offer to protect another from any harmful act when the offeror has no apparent means to provide the protection or when the price asked for rendering the protection service is grossly disproportionate to its cost to the offeror.
(c) It is a defense to a prosecution based on (a)(2), (3), or (4) of this section that the property obtained by threat of accusation, exposure, lawsuit, or other invocation of official action was honestly claimed as restitution or indemnification for harm done in the circumstances to which the accusation, exposure, lawsuit, or other official action relates, or as compensation for property or lawful services.
(d) In this section, 'property of another' means property in which a person has an interest that the defendant is not privileged to infringe, whether or not the defendant also has an interest in the property and whether or not the person from whom the property was obtained or withheld also obtained the property unlawfully. 'Property of another' does not include property in the possession of the defendant in which another has only a security interest, even if legal title is in the secured party under a conditional sales contract or other security agreement; in the absence of a specific agreement to the contrary, the holder of a security interest in property is not privileged to infringe the debtor's right of possession without the consent of the debtor.
(e) Extortion is a class B felony.
For purposes of AS 11.41.410 - 11.41.470, unless the context requires otherwise,
(1) 'health care worker' includes a person who is or purports to be an anesthesiologist, acupuncturist, chiropractor, dentist, health aide, hypnotist, massage therapist, mental health counselor, midwife, nurse, nurse practitioner, osteopath, naturopath, physical therapist, physical therapy assistant, physician, physician assistant, psychiatrist, psychologist, psychological associate, radiologist, religious healing practitioner, surgeon, x-ray technician, or a substantially similar position;
(2) 'incapacitated' means temporarily incapable of appraising the nature of one's own conduct or physically unable to express unwillingness to act;
(3) 'legal guardian' means a person who is under a duty to exercise general supervision over a minor or other person committed to the custody of the Department of Health and Social Services under AS 47.10 or AS 47.12 as a result of a court order, statute, or regulation, and includes Department of Health and Social Services employees, foster parents, and staff members and other employees of group homes or youth facilities where the minor or other person is placed as a result of a court order or the action of the Department of Health and Social Services, and police officers, probation officers, and social workers when those persons are exercising custodial control over a minor or other person.
(4) 'mentally incapable' means suffering from a mental disease or defect that renders the person incapable of understanding the nature or consequences of the person's conduct, including the potential for harm to that person;
(5) 'position of authority' means an employer, youth leader, scout leader, coach, teacher, counselor, school administrator, religious leader, doctor, nurse, psychologist, guardian ad litem, babysitter, or a substantially similar position, and a police officer or probation officer other than when the officer is exercising custodial control over a minor;
(6) 'sexual act' means sexual penetration or sexual contact;
(7) 'victim' means the person alleged to have been subjected to sexual assault in any degree or sexual abuse of a minor in any degree;
(8) 'without consent' means that a person
(A) with or without resisting, is coerced by the use of force against a person or property, or by the express or implied threat of death, imminent physical injury, or kidnapping to be inflicted on anyone; or
(B) is incapacitated as a result of an act of the defendant.
Article 05. ROBBERY, EXTORTION, AND COERCION
(a) In a prosecution under AS 11.41.100 (a)(1)(A) or 11.41.110(a)(1), it is a defense that the defendant acted in a heat of passion, before there had been a reasonable opportunity for the passion to cool, when the heat of passion resulted from a serious provocation by the intended victim.
(b) In a prosecution under AS 11.41.110 (a)(3), it is an affirmative defense that the defendant
(1) did not commit the homicidal act or in any way solicit or aid in its commission;
(2) was not armed with a dangerous instrument;
(3) had no reasonable ground to believe that another participant, if any, was armed with a dangerous instrument; and
(4) had no reasonable ground to believe that another participant, if any, intended to engage in conduct likely to result in death or serious physical injury.
(c) A person may not be convicted of murder in the second degree under AS 11.41.110 (a)(3) if the only underlying crime is burglary, the sole purpose of the burglary is a criminal homicide, and the person killed is the intended victim of the defendant. However, if the defendant causes the death of any other person, the defendant may be convicted of murder in the second degree under AS 11.41.110 (a)(3). Nothing in this subsection precludes a prosecution for or conviction of murder in the first degree or murder in the second degree under AS 11.41.110 (a)(1) or (2) or of any other crime, including manslaughter or burglary.
(d) [Repealed, Sec. 44 ch 102 SLA 1980].
(e) Nothing in (a) or (b) of this section precludes a prosecution for or conviction of manslaughter or any other crime not specifically precluded.
(f) In this section,
(1) 'intended victim' means a person whom the defendant was attempting to kill or to whom the defendant was attempting to cause serious physical injury when the defendant caused the death of the person the defendant is charged with killing;
(2) 'serious provocation' means conduct which is sufficient to excite an intense passion in a reasonable person in the defendant's situation, other than a person who is intoxicated, under the circumstances as the defendant reasonably believed them to be; insulting words, insulting gestures, or hearsay reports of conduct engaged in by the intended victim do not, alone or in combination with each other, constitute serious provocation.
(a) A person commits the crime of murder in the second degree if
(1) with intent to cause serious physical injury to another person or knowing that the conduct is substantially certain to cause death or serious physical injury to another person, the person causes the death of any person;
(2) the person knowingly engages in conduct that results in the death of another person under circumstances manifesting an extreme indifference to the value of human life;
(3) under circumstances not amounting to murder in the first degree under AS 11.41.100 (a)(3), while acting either alone or with one or more persons, the person commits or attempts to commit arson in the first degree, kidnapping, sexual assault in the first degree, sexual assault in the second degree, sexual abuse of a minor in the first degree, sexual abuse of a minor in the second degree, burglary in the first degree, escape in the first or second degree, robbery in any degree, or misconduct involving a controlled substance under AS 11.71.010 (a), 11.71.020(a), 11.71.030(a)(1) or (2), or 11.71.040(a)(1) or (2) and, in the course of or in furtherance of that crime or in immediate flight from that crime, any person causes the death of a person other than one of the participants;
(4) acting with a criminal street gang, the person commits or attempts to commit a crime that is a felony and, in the course of or in furtherance of that crime or in immediate flight from that crime, any person causes the death of a person other than one of the participants; or
(5) the person with criminal negligence causes the death of a child under the age of 16, and the person has been previously convicted of a crime involving a child under the age of 16 that was
(A) a felony violation of AS 11.41;
(B) in violation of a law or ordinance in another jurisdiction with elements similar to a felony under AS 11.41; or
(C) an attempt, a solicitation, or a conspiracy to commit a crime listed in (A) or (B) of this paragraph.
(b) Murder in the second degree is an unclassified felony and is punishable as provided in AS 12.55.
(a) A person commits the crime of kidnapping if
(1) the person restrains another with intent to
(A) hold the restrained person for ransom, reward, or other payment;
(B) use the restrained person as a shield or hostage;
(C) inflict physical injury upon or sexually assault the restrained person or place the restrained person or a third person in apprehension that any person will be subjected to serious physical injury or sexual assault;
(D) interfere with the performance of a governmental or political function;
(E) facilitate the commission of a felony or flight after commission of a felony;
(F) commit an offense in violation of AS 11.41.434 - 11.41.438 upon the restrained person or place the restrained person or a third person in apprehension that a person will be subject to an offense in violation of AS 11.41.434 - 11.41.438; or
(2) the person restrains another
(A) by secreting and holding the restrained person in a place where the restrained person is not likely to be found; or
(B) under circumstances which expose the restrained person to a substantial risk of serious physical injury.
(b) In a prosecution under (a)(2)(A) of this section, it is an affirmative defense that
(1) the defendant was a relative of the victim;
(2) the victim was a child under 18 years of age or an incompetent person; and
(3) the primary intent of the defendant was to assume custody of the victim.
(c) Except as provided in (d) of this section, kidnapping is an unclassified felony and is punishable as provided in AS 12.55.
(d) In a prosecution for kidnapping, it is an affirmative defense which reduces the crime to a class A felony that the defendant voluntarily caused the release of the victim alive in a safe place before arrest, or within 24 hours after arrest, without having caused serious physical injury to the victim and without having engaged in conduct described in AS 11.41.410 (a), 11.41.420, 11.41.434, or 11.41.436.
(a) A person commits the crime of stalking in the first degree if the person violates AS 11.41.270 and
(1) the actions constituting the offense are in violation of an order issued or filed under AS 18.66.100 - 18.66.180 or issued under former AS 25.35.010 (b) or 25.35.020;
(2) the actions constituting the offense are in violation of a condition of probation, release before trial, release after conviction, or parole;
(3) the victim is under 16 years of age;
(4) at any time during the course of conduct constituting the offense, the defendant possessed a deadly weapon;
(5) the defendant has been previously convicted of a crime under this section, AS 11.41.270 , or AS 11.56.740 , or a law or ordinance of this or another jurisdiction with elements similar to a crime under this section, AS 11.41.270 , or AS 11.56.740 ; or
(6) the defendant has been previously convicted of a crime, or an attempt or solicitation to commit a crime, under (A) AS 11.41.100 - 11.41.250, 11.41.300 - 11.41.460, AS 11.56.807 , 11.56.810 , AS 11.61.120, or (B) a law or an ordinance of this or another jurisdiction with elements similar to a crime, or an attempt or solicitation to commit a crime, under AS 11.41.100 - 11.41.250, 11.41.300 - 11.41.460, AS 11.56.807 , 11.56.810, or AS 11.61.120 , involving the same victim as the present offense.
(b) In this section, 'course of conduct' and 'victim' have the meanings given in AS 11.41.270 (b).
(c) Stalking in the first degree is a class C felony.
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