reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 66. Offenses Against Public Health and Decency › Article 1. Prostitution and Related Offenses. › Sec. 11.66.140. Corroboration of certain testimony not required.

In a prosecution under AS 11.66.110 - 11.66.135, it is not necessary that the testimony of the person whose prostitution is alleged to have been compelled or promoted be corroborated by the testimony of any other witness or by documentary or other types of evidence.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 66. Offenses Against Public Health and Decency › Article 1. Prostitution and Related Offenses. › Sec. 11.66.145. Forfeiture.

Property used to institute, aid, or facilitate, or received or derived from, a violation of AS 11.66.100(e) or 11.66.110 - 11.66.135 may be forfeited at sentencing.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 66. Offenses Against Public Health and Decency › Article 1. Prostitution and Related Offenses. › Sec. 11.66.150. Definitions.

In AS 11.66.100 - 11.66.150, unless the context requires otherwise,
(1) “compensation” does not include any payment for reasonably apportioned shared expenses;
(2) “place of prostitution” means any place where a person engages in sexual conduct in return for a fee;
(3) “prostitution enterprise” means an arrangement in which two or more persons are organized to render sexual conduct in return for a fee;
(4) “sexual conduct” means genital or anal intercourse, cunnilingus, fellatio, or masturbation of one person by another person.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 66. Offenses Against Public Health and Decency › Article 2. Gambling Offenses. › Sec. 11.66.200. Gambling.

(a) A person commits the offense of gambling if the person engages in unlawful gambling.
(b) It is an affirmative defense to a prosecution under this section that the defendant was a player in a social game.
(c) Gambling is a violation
(1) for the first offense;
(2) punishable by a fine of not more than $1,000 for the second and each subsequent offense.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 66. Offenses Against Public Health and Decency › Article 2. Gambling Offenses. › Sec. 11.66.210. Promoting gambling in the first degree.

(a) A person commits the crime of promoting gambling in the first degree if the person promotes or profits from an unlawful gambling enterprise.
(b) Promoting gambling in the first degree is a class C felony.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 66. Offenses Against Public Health and Decency › Article 2. Gambling Offenses. › Sec. 11.66.220. Promoting gambling in the second degree.

(a) A person commits the crime of promoting gambling in the second degree if the person promotes or profits from unlawful gambling.
(b) Promoting gambling in the second degree is a class A misdemeanor.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 66. Offenses Against Public Health and Decency › Article 2. Gambling Offenses. › Sec. 11.66.230. Possession of gambling records in the first degree.

(a) A person commits the crime of possession of gambling records in the first degree if, with knowledge of its contents or character, the person possesses a gambling record used or intended to be used in the operation or promotion of an unlawful gambling enterprise.
(b) Possession of gambling records in the first degree is a class C felony.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 66. Offenses Against Public Health and Decency › Article 2. Gambling Offenses. › Sec. 11.66.240. Possession of gambling records in the second degree.

(a) A person commits the crime of possession of gambling records in the second degree if, with knowledge of its contents or character, the person possesses a gambling record.
(b) Possession of gambling records in the second degree is a class A misdemeanor.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 66. Offenses Against Public Health and Decency › Article 2. Gambling Offenses. › Sec. 11.66.250. Affirmative defenses.

(a) It is an affirmative defense in a prosecution under AS 11.66.230 that the gambling record was possessed by the defendant solely as a player.
(b) It is an affirmative defense in a prosecution under AS 11.66.230 or 11.66.240 that the gambling record
(1) was not used or intended to be used by the defendant in the operation or promotion of unlawful gambling;
(2) was used or intended to be used by the defendant in a social game.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 66. Offenses Against Public Health and Decency › Article 2. Gambling Offenses. › Sec. 11.66.260. Possession of a gambling device.

(a) A person commits the offense of possession of a gambling device if, with knowledge of the character of the device, the person manufactures, sells, transports, places, or possesses, or conducts or negotiates a transaction affecting or designed to affect ownership, custody, or use of, a gambling device knowing that the device is used or is to be used in unlawful gambling.
(b) It is an affirmative defense in a prosecution under this section that the gambling device possessed by the defendant was used or intended to be used only in a social game.
(c) Possession of a gambling device is a class A misdemeanor.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 66. Offenses Against Public Health and Decency › Article 2. Gambling Offenses. › Sec. 11.66.270. Forfeiture.

If used in violation of AS 11.66.200 - 11.66.280, the following property shall be forfeited:
(1) a gambling device or gambling record;
(2) money, not found on the person, used as a bet or stake;
(3) money used as a bet or stake which is found on the person of one who conducts, finances, manages, supervises, directs, or owns all or part of an unlawful gambling enterprise.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 66. Offenses Against Public Health and Decency › Article 3. Adult Entertainment Business. › Sec. 11.66.300. Prohibiting minors from being present at an adult entertainment business.

(a) The owner or an agent or employee of the owner of a business that offers adult entertainment may not with criminal negligence allow a person under the age of 18 years to enter and remain within premises where adult entertainment is offered.
(b) In this section, “business that offers adult entertainment” has the meaning given in AS 23.10.350(f).
(c) A person who violates this section is guilty of a class A misdemeanor. Each violation is a separate offense.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 71. Controlled Substances › Article 1. Offenses Relating to Controlled Substances. › Sec. 11.71.010. Misconduct involving a controlled substance in the first degree.

(a) Except as authorized in AS 17.30, a person commits the crime of misconduct involving a controlled substance in the first degree if the person
(1) delivers any amount of a schedule IA controlled substance to a person under 19 years of age who is at least three years younger than the person delivering the substance;
(2) delivers any amount of a schedule IIA or IIIA controlled substance to a person under 19 years of age who is at least three years younger than the person delivering the substance; or
(3) engages in a continuing criminal enterprise.
(b) For purposes of this section, a person is engaged in a “continuing criminal enterprise” if
(1) the person commits a violation of this chapter which is punishable as a felony; and
(2) that violation is a part of a continuing series of five or more violations of this chapter
(A) which the person undertakes in concert with at least five other persons organized, supervised, or otherwise managed by the person; and
(B) from which the person obtains substantial income or resources.
(c) Misconduct involving a controlled substance in the first degree is an unclassified felony and is punishable as provided in AS 12.55.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 71. Controlled Substances › Article 1. Offenses Relating to Controlled Substances. › Sec. 11.71.030. Misconduct involving a controlled substance in the third degree.

(a) Except as authorized in AS 17.30, a person commits the crime of misconduct involving a controlled substance in the third degree if the person
(1) [Repealed, § 138 ch 4 FSSLA 2019.]
(2) delivers any amount of a schedule IVA, VA, or VIA controlled substance to a person under 19 years of age who is at least three years younger than the person delivering the substance;
(3) possesses any amount of a schedule IA or IIA controlled substance
(A) with reckless disregard that the possession occurs
(i) on or within 500 feet of school grounds; or
(ii) at or within 500 feet of a recreation or youth center; or
(B) on a school bus;
(4) [Repealed, § 138 ch 4 FSSLA 2019.]
(5) [Repealed, § 138 ch 4 FSSLA 2019.]
(6) [Repealed, § 138 ch 4 FSSLA 2019.]
(7) [Repealed, § 138 ch 4 FSSLA 2019.]
(8) [Repealed, § 138 ch 4 FSSLA 2019.]
(9) under circumstances not proscribed under AS 11.71.021(a)(2) - (6), manufactures or delivers any amount of a schedule IIA or IIIA controlled substance or possesses any amount of a schedule IIA or IIIA controlled substance with intent to manufacture or deliver.
(b) It is an affirmative defense to a prosecution under (a)(3)(A) of this section that the prohibited conduct took place entirely within a private residence located within 500 feet of the school grounds or recreation or youth center, and that the prohibited conduct did not involve distributing, dispensing, or possessing with the intent to distribute or dispense a controlled substance for profit. Nothing in this subsection precludes a prosecution under any other provision of this section or any other section of this chapter.
(c) [Repealed, § 138 ch 4 FSSLA 2019.]
(d) Misconduct involving a controlled substance in the third degree is a class B felony.
(e) [Repealed, § 138 ch 4 FSSLA 2019.]
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 71. Controlled Substances › Article 1. Offenses Relating to Controlled Substances. › Sec. 11.71.050. Misconduct involving a controlled substance in the fifth degree.

(a) Except as authorized in AS 17.30 and AS 17.38, a person commits the crime of misconduct involving a controlled substance in the fifth degree if the person
(1) manufactures or delivers, or possesses with the intent to manufacture or deliver, one or more preparations, compounds, mixtures, or substances of an aggregate weight of less than one ounce containing a schedule VIA controlled substance;
(2) [Repealed, § 179 ch 36 SLA 2016.]
(3) fails to make, keep, or furnish any record, notification, order form, statement, invoice, or information required under AS 17.30;
(4) under circumstances not proscribed under AS 11.71.030(a)(3), 11.71.040(a)(3), or 11.71.040(a)(4) possesses any amount of a schedule IA, IIA, IIIA, IVA, or VA controlled substance; or
(5) under circumstances not proscribed under AS 11.71.040(a)(4), possesses one or more preparations, compounds, mixtures, or substances of an aggregate weight of one ounce or more containing a schedule VIA controlled substance.
(b) Misconduct involving a controlled substance in the fifth degree is a class A misdemeanor.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 71. Controlled Substances › Article 1. Offenses Relating to Controlled Substances. › Sec. 11.71.060. Misconduct involving a controlled substance in the sixth degree.

(a) Except as authorized in AS 17.30 or AS 17.38, a person commits the crime of misconduct involving a controlled substance in the sixth degree if the person
(1) uses or displays any amount of a schedule VIA controlled substance;
(2) possesses one or more preparations, compounds, mixtures, or substances of an aggregate weight of
(A) less than one ounce containing a schedule VIA controlled substance;
(B) [Repealed, § 138 ch 4 FSSLA 2019.]
(3) refuses entry into a premise for an inspection authorized under AS 17.30.
(b) Misconduct involving a controlled substance in the sixth degree is a class B misdemeanor.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 71. Controlled Substances › Article 1. Offenses Relating to Controlled Substances. › Sec. 11.71.090. Affirmative defense to a prosecution under AS 11.71.030 - 11.71.060; medical use of marijuana.

(a) In a prosecution under AS 11.71.030 - 11.71.060 charging the manufacture, delivery, possession, possession with intent to manufacture or deliver, use, or display of a schedule VIA controlled substance, it is an affirmative defense that the defendant is a patient, or the primary caregiver or alternate caregiver for a patient, and
(1) at the time of the manufacture, delivery, possession, possession with intent to manufacture or deliver, use, or display, the patient was registered under AS 17.37;
(2) the manufacture, delivery, possession, possession with intent to manufacture, deliver, use, or display complied with the requirements of AS 17.37; and
(3) if the defendant is the
(A) primary caregiver of the patient, the defendant was in physical possession of the caregiver registry identification card at the time of the manufacture, delivery, possession, possession with intent to manufacture or deliver, use, or display; or
(B) alternate caregiver of the patient, the defendant was in physical possession of the caregiver registry identification card at the time of the manufacture, delivery, possession, possession with intent to manufacture or deliver, use, or display.
(b) In this section,
(1) “alternate caregiver” has the meaning given in AS 17.37.070;
(2) “patient” has the meaning given in AS 17.37.070;
(3) “primary caregiver” has the meaning given in AS 17.37.070.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 71. Controlled Substances › Article 2. Standards and Schedules. › Sec. 11.71.100. Controlled Substances Advisory Committee.

(a) The Controlled Substances Advisory Committee is established in the Department of Law. The committee consists of
(1) the attorney general or the attorney general's designee;
(2) the commissioner of family and community services or the commissioner's designee;
(3) the commissioner of public safety or the commissioner's designee;
(4) the president of the Board of Pharmacy or the designee of the president who shall also be a member of the Board of Pharmacy;
(5) a peace officer appointed by the governor after consultation with the Alaska Association of Chiefs of Police;
(6) a physician appointed by the governor;
(7) a psychiatrist appointed by the governor; and
(8) two individuals appointed by the governor.
(b) Members of the committee appointed under (a)(5) - (a)(8) of this section serve terms of four years. A member of the committee receives no salary but is entitled to per diem and travel expenses authorized by law for boards and commissions under AS 39.20.180.
(c) The president of the Board of Pharmacy or the president's designee is the chair of the committee.
(d) The committee meets at the call of the chair of the committee.
(e) The committee shall meet at least twice a year.
(f) Five members of the committee constitute a quorum, except that a smaller number may adjourn a meeting in the absence of a quorum. A quorum being present, a majority vote of the total membership is required to take official action.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 71. Controlled Substances › Article 2. Standards and Schedules. › Sec. 11.71.110. Duties of committee.

The committee shall
(1) advise the governor of the need to add, delete, or reschedule substances in the schedules in AS 11.71.140 - 11.71.190;
(2) recommend regulations for adoption by the Board of Pharmacy to prevent excessive prescription of controlled substances and the diversion of prescription drugs into illicit channels;
(3) evaluate the effectiveness of programs in the state providing treatment and counseling for persons who abuse controlled substances;
(4) recommend programs to the Alaska Court System to be instituted as alternatives to the prosecution or imprisonment of offenders who have no prior criminal record involving controlled substance offenses and who are charged with crimes involving controlled substances;
(5) review and evaluate enforcement policies and practices of the Department of Public Safety and the Department of Law with regard to crimes involving controlled substances, and recommend modifications of those policies and practices consistent with the committee's assessment of the probable danger of particular controlled substances;
(6) review budget requests and recommend amounts for appropriations to the governor and the legislature for departments and agencies responsible for
(A) enforcing criminal laws pertaining to controlled substances;
(B) providing treatment and counseling of persons who abuse controlled substances; and
(C) regulating the legitimate handling of controlled substances; and
(7) advise the attorney general of the need to schedule substances by emergency regulation.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 71. Controlled Substances › Article 2. Standards and Schedules. › Sec. 11.71.120. Authority to schedule controlled substances.

(a) If, after considering the factors set out in (c) of this section, the committee decides to recommend that a substance should be added to, deleted from, or rescheduled in a schedule of controlled substances under AS 11.71.140 - 11.71.190, the governor shall introduce legislation in accordance with the recommendation of the committee.
(b) If a substance is added as a controlled substance under federal law, the governor shall introduce legislation in accordance with the federal law.
(c) In advising the governor of the need to add, delete, or reschedule a substance under AS 11.71.110(1), the committee shall assess the danger or probable danger of the substance after considering the following:
(1) the actual or probable abuse of the substance including
(A) the history and current pattern of abuse both in this state and in other states;
(B) the scope, duration, and significance of abuse;
(C) the degree of actual or probable detriment which may result from abuse of the substance;
(D) the probable physical and social impact of widespread abuse of the substance;
(2) the biomedical hazard of the substance including
(A) its pharmacology, in the effects and modifiers of the effects of the substance;
(B) its toxicology, the acute and chronic toxicity, interaction with other substances, whether controlled or not, and the degree to which it may cause psychological or physiological dependence;
(C) the risk to public health and the particular susceptibility of segments of the population;
(3) whether the substance is an immediate precursor of a substance already controlled under this chapter;
(4) the current state of scientific knowledge regarding the substance, including whether there is any acceptable means to safely use the substance under medical supervision;
(5) the relationship between the use of the substance and other criminal activity, including
(A) whether persons engaged in illicit trafficking of the substance are also engaged in other criminal activity;
(B) whether the nature and relative profitability of manufacturing or delivering the substance encourages illicit trafficking in the substance;
(C) whether the commission of other crimes is one of the effects of abuse of the substance;
(D) whether addiction to the substance relates to the commission of crimes to support the continued use of the substance.
(d) [Repealed, § 40 ch 6 SLA 1984.]
(e) The committee has no authority over tobacco or alcoholic beverages as defined in AS 04.21.080.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 71. Controlled Substances › Article 2. Standards and Schedules. › Sec. 11.71.125. Emergency substance scheduling.

(a) The attorney general may, by regulation, schedule a substance under this chapter regardless of whether the substance is substantially similar to a controlled substance listed in AS 11.71.140 - 11.71.180, if the attorney general finds that scheduling the substance on an emergency basis is necessary to avoid an immediate hazard to public safety.
(b) In determining whether to schedule a substance on an emergency basis, or repeal an emergency regulation that scheduled a substance, the attorney general shall
(1) assess the degree of danger or probable danger of the substance by considering the
(A) actual or probable abuse of the substance including the
(i) history and current pattern of abuse;
(ii) scope, duration, and significance of abuse of the substance; and
(iii) degree of actual or possible detriment that may result from abuse of the substance; and
(B) risk to public health;
(2) consider whether the substance has been scheduled on a temporary basis under federal law and may consider clandestine importation, manufacture, or distribution of the substance;
(3) consult with the Controlled Substances Advisory Committee established under AS 11.71.100; and
(4) consult with the chief medical officer in the Department of Health.
(c) The attorney general may schedule a substance by emergency regulation under this section only if the substance is currently listed on a federal controlled substance schedule.
(d) The attorney general shall clearly indicate in an emergency regulation that schedules a substance the appropriate schedule under this chapter that applies to the substance.
(e) The attorney general shall post a notice on the Alaska Online Public Notice System (AS 44.62.175) 60 days before the effective date of an emergency regulation that schedules a substance. The notice must include
(1) a summary of the attorney general's findings under (b) of this section; and
(2) the finding required for an emergency regulation under AS 44.62.250(b).
(f) The attorney general may not adopt an emergency regulation under this section that schedules an alcoholic beverage as defined in AS 04.21.080, marijuana as defined in AS 17.38.900, or tobacco.
(g) An emergency regulation adopted under this section is subject to the requirements in AS 44.62.260(c).
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 71. Controlled Substances › Article 2. Standards and Schedules. › Sec. 11.71.190. Schedule VIA.

(a) A substance shall be placed in schedule VIA if it is found under AS 11.71.120(c) to have the lowest degree of danger or probable danger to a person or the public.
(b) Marijuana is a schedule VIA controlled substance.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 71. Controlled Substances › Article 2. Standards and Schedules. › Sec. 11.71.195. Exempted drugs.

Except as otherwise provided in this chapter, a substance the manufacture, distribution, dispensing, or possession of which is explicitly exempt from criminal penalty under federal law is exempt from the application of this chapter and AS 17.30. This exemption includes any substances that may, under 21 U.S.C. 301-392 (Food, Drug, and Cosmetic Act), be lawfully sold over the counter without a prescription. This exemption also includes those substances listed in 21 C.F.R. Sec. 1308.22 on April 1, 1980.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 71. Controlled Substances › Article 2. Standards and Schedules. › Sec. 11.71.200. Listed chemicals.

Listed chemicals are chemicals that are used in manufacturing a controlled substance in violation of this chapter. Listed chemicals include
(1) anthranilic acid, its esters, and its salts;
(2) benzaldehyde;
(3) benzyl cyanide;
(4) ephedrine, its salts, optical isomers, and salts of optical isomers;
(5) ergonovine and its salts;
(6) ergotamine and its salts;
(7) N-acetylanthranilic acid, its esters, and its salts;
(8) nitroethane;
(9) norpseudoephedrine, its salts, optical isomers, and salts of optical isomers;
(10) phenylacetic acid, its esters, and its salts;
(11) phenylpropanolamine, its salts, optical isomers, and salts of optical isomers;
(12) piperidine and its salts;
(13) pseudoephedrine, its salts, optical isomers, and salts of optical isomers;
(14) 3,4-methylenedioxyphenyl-2-propanone;
(15) any salt, optical isomer, or salt of an optical isomer of the following chemicals:
(A) ethylamine;
(B) hydriodic acid;
(C) isosafrole;
(D) methylamine;
(E) N-methylephedrine;
(F) N-methylpseudoephedrine;
(G) piperonal;
(H) propionic anhydride;
(I) safrole;
(16) acetic anhydride;
(17) acetone;
(18) anhydrous ammonia;
(19) benzyl chloride;
(20) ethyl ether;
(21) hydriotic acid;
(22) hydrochloric gas;
(23) hydrophosphoric acid;
(24) iodine and crystal iodine;
(25) lithium metal;
(26) potassium permanganate;
(27) red phosphorous;
(28) toluene;
(29) 2-butanone (or methyl ethyl ketone).
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 71. Controlled Substances › Article 2. Standards and Schedules. › Sec. 11.71.210. Purchase or receipt of restricted amounts of certain listed chemicals.

(a) A person commits the crime of purchase or receipt of restricted amounts of certain listed chemicals if the person purchases or receives more than six grams of the following listed chemical, its salts, isomers, or salts of isomers within any 30-day period:
(1) ephedrine under AS 11.71.200(4);
(2) pseudoephedrine under AS 11.71.200(13);
(3) phenylpropanolamine under AS 11.71.200(11).
(b) This section does not apply to a person who lawfully purchases or receives
(1) more than six grams of a listed chemical identified in (a) of this section
(A) that was dispensed to the person under a valid prescription; or
(B) in the ordinary course of a legitimate business, or to an employee of a legitimate business, as a
(i) retailer or as a wholesaler;
(ii) wholesale drug distributor licensed by the Board of Pharmacy;
(iii) manufacturer of drug products licensed by the Board of Pharmacy;
(iv) pharmacist licensed by the Board of Pharmacy; or
(v) health care professional licensed by the state; or
(2) more than six but less than 24 grams of a listed chemical identified in (a) of this section in the ordinary course of a legitimate business or nonprofit organization, or as an employee of a legitimate business or nonprofit organization, operating a camp, lodge, school, day care center, treatment center, or other organized group activity, and the location or nature of the activity, or the age of the participants, makes it impractical for the participants in the activity to obtain medicinal products.
(c) Purchase or receipt of restricted amounts of certain listed chemicals is a class C felony.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 71. Controlled Substances › Article 3. Miscellaneous Provisions. › Sec. 11.71.305. Rehabilitation.

A person convicted of violating a provision of this chapter may, when the violation relates to that person's own personal use of a controlled substance, be committed to the custody of the Department of Corrections for rehabilitative treatment for not to exceed one year. Such treatment may be imposed in place of a fine or imprisonment, but only where the imprisonment would not have exceeded one year.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 71. Controlled Substances › Article 3. Miscellaneous Provisions. › Sec. 11.71.311. Restriction on prosecution for certain persons in connection with a drug overdose.

(a) A person may not be prosecuted for a violation of AS 11.71.040(a)(3), (4), or (12), 11.71.050(a)(4) or (5), or 11.71.060(a)(1) or (2) if that person
(1) sought, in good faith, medical or law enforcement assistance for another person who the person reasonably believed was experiencing a drug overdose and
(A) the evidence supporting the prosecution for an offense under AS 11.71.040(a)(3), (4), or (12), 11.71.050(a)(4) or (5), or 11.71.060(a)(1) or (2) was obtained or discovered as a result of the person seeking medical or law enforcement assistance;
(B) the person remained at the scene with the other person until medical or law enforcement assistance arrived; and
(C) the person cooperated with medical or law enforcement personnel, including by providing identification;
(2) was experiencing a drug overdose and sought medical assistance, and the evidence supporting a prosecution for an offense under AS 11.71.040(a)(3), (4), or (12), 11.71.050(a)(4) or (5), or 11.71.060(a)(1) or (2) was obtained as a result of the overdose and the need for medical assistance.
(b) In this section, “drug overdose” means a controlled-substance-induced physiological event that results in a life-threatening emergency to the person who ingested, inhaled, injected, or otherwise introduced the controlled substance into the body.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 71. Controlled Substances › Article 3. Miscellaneous Provisions. › Sec. 11.71.320. Excluded defenses.

(a) In a prosecution for the possession of a schedule IA, IIA, IIIA, IVA, or VA controlled substance under this chapter, it is not a defense that the substance was possessed in less than a usable quantity. It is sufficient to support a conviction that there is a sufficient quantity of the substance to permit proper identification.
(b) In a prosecution for an offense involving a controlled substance under this chapter, it is not a defense that the substance is misclassified under a subsection within a schedule.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 71. Controlled Substances › Article 3. Miscellaneous Provisions. › Sec. 11.71.340. Offenses defined by amounts.

Whenever a provision of this chapter defining an offense requires a determination of an amount, it is not a defense to the lowest class of offense established by the evidence that the amount in question was equal to or larger than the amount which would make the offense a higher class of offense, and a person may be charged and convicted accordingly.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 71. Controlled Substances › Article 3. Miscellaneous Provisions. › Sec. 11.71.350. Burden of proof.

It is not necessary for the state to negate an exemption or exception provided for in this chapter in a complaint, information, indictment, or other pleading or at a trial, hearing, or other proceeding under this chapter or AS 17.30. The defendant has the burden of proving by a preponderance of the evidence any exemption or exception claimed by the defendant.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 73. Imitation Controlled Substances › Sec. 11.73.010. Manufacture or delivery of an imitation controlled substance.

(a) Except as provided in AS 11.73.050, a person may not manufacture, deliver, or possess with intent to deliver, an imitation controlled substance.
(b) Except as provided in AS 11.73.030, a person who violates this section commits a class C felony.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 73. Imitation Controlled Substances › Sec. 11.73.020. Possession of substance with intent to manufacture.

(a) Except as provided in AS 11.73.050, a person may not possess the following substances or their salts with the intent to manufacture an imitation controlled substance:
(1) ephedrine;
(2) ephedrine sulfate;
(3) pseudoephedrine;
(4) pseudoephedrine hydrochloride;
(5) phenylpropanolamine;
(6) caffeine;
(7) theophylline;
(8) lidocaine;
(9) procaine;
(10) tetracaine;
(11) dyclonine;
(12) acetaminophen;
(13) salicylamide;
(14) doxylamine;
(15) diphenhydramine;
(16) pheniramine;
(17) chlorpheniramine; or
(18) pyrilamine.
(b) A person who violates this section commits a class C felony.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 73. Imitation Controlled Substances › Sec. 11.73.030. Delivery of an imitation controlled substance to a minor.

(a) Except as provided in AS 11.73.050, a person 19 years of age or older may not deliver an imitation controlled substance to a person under 19 years of age, who is at least three years younger than the person delivering the substance.
(b) A person who violates this section commits a class B felony.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 73. Imitation Controlled Substances › Sec. 11.73.040. Advertisement to promote the delivery of an imitation controlled substance.

(a) Except as provided in AS 11.73.050, a person may not knowingly place in a newspaper, magazine, handbill, or other publication, or post or distribute in a public place, an advertisement or solicitation knowing that the purpose of the advertisement or solicitation is to promote the delivery of an imitation controlled substance in the state.
(b) A person who violates this section commits a class C felony.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 73. Imitation Controlled Substances › Sec. 11.73.050. Imitation controlled substance as placebo.

No civil or criminal liability may be imposed under this chapter on a person who manufactures, delivers, possesses, or advertises or solicits to promote delivery of an imitation controlled substance solely for use as a placebo prescribed by a registered practitioner, as defined in AS 11.71.900, in the course of professional practice or research.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 73. Imitation Controlled Substances › Sec. 11.73.060. Forfeitures.

(a) Property used during or in aid of a violation of this chapter may be forfeited to the state to the extent permitted under and in accordance with the provisions of AS 17.30.110 - 17.30.126.
(b) For purposes of this section the terms “controlled substance” and “this chapter”, as used in AS 17.30.110 - 17.30.126, shall be construed as “imitation controlled substance” and “AS 11.73” respectively.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 73. Imitation Controlled Substances › Sec. 11.73.099. Definitions.

In this chapter,
(1) “controlled substance” means a substance as defined in AS 11.71.900(5);
(2) “deliver” or “delivery” means the actual, constructive, or attempted transfer from one person to another of an imitation controlled substance, whether or not there is an agency relationship;
(3) “imitation controlled substance” means a substance containing ephedrine, ephedrine sulfate, pseudoephedrine, pseudoephedrine hydrochloride, phenylpropanolamine, caffeine, theophylline, lidocaine, procaine, tetracaine, dyclonine, acetaminophen, salicylamide, doxylamine, diphenhydramine, pheniramine, chlorpheniramine, or pyrilamine, or their salts, that is not a controlled substance, and that by dosage unit appearance (including color, shape, size, and markings) and by representations would lead a reasonable person to believe that the substance is a controlled substance; the term “representations”, as used in this paragraph, includes
(A) statements made by an owner or by anyone else in control of the substance concerning the nature of the substance, or its use or effect;
(B) statements made to the recipient that the substance may be resold for inordinate profit;
(C) whether the substance is packaged in a manner normally used for controlled substances;
(D) evasive tactics or actions used by the owner or person in control of the substance to avoid detection by law enforcement authorities;
(E) the storage, packaging, presentation, display of, or reference to a controlled substance with, near, or in connection with the activity involving the imitation controlled substance;
(4) “manufacture” means the production, preparation, compounding, processing, encapsulating, packaging or repackaging, labeling or relabeling, of an imitation controlled substance.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 76. Miscellaneous Offenses › Sec. 11.76.100. Selling or giving tobacco to a minor.

(a) A person commits the offense of selling or giving tobacco to a minor if the person
(1) negligently sells a cigarette, a cigar, tobacco, or a product containing tobacco to a person under 19 years of age;
(2) is 19 years of age or older and negligently exchanges or gives a cigarette, a cigar, tobacco, or a product containing tobacco to a person under 19 years of age;
(3) maintains a vending machine that dispenses cigarettes, cigars, tobacco, or products containing tobacco; or
(4) holds a business license endorsement under AS 43.70.075 and allows a person under 19 years of age to sell a cigarette, a cigar, tobacco, or a product containing tobacco.
(b) Notwithstanding the provisions of (a) of this section, a person who maintains a vending machine is not in violation of (a)(3) of this section if the vending machine is located
(1) on premises licensed as a beverage dispensary under AS 04.11.090, licensed as a club under AS 04.11.110, or licensed as a package store under AS 04.11.150; and
(A) as far as practicable from the primary entrance; and
(B) in a place that is directly and continually supervised by a person employed on the licensed premises during the hours the vending machine is accessible to the public; or
(2) in an employee break room or other controlled area of a private work place that is not generally considered a public place and the room or area contains a posted warning sign at least 11 inches by 14 inches indicating that possession of tobacco by a person under 19 years of age is prohibited under AS 11.76.105.
(c) In this section, a person maintains a vending machine if the person owns the machine or owns or controls a facility in which the machine is located.
(d) The court shall forward a record of each person convicted under this section who holds a business license endorsement under AS 43.70.075, or who is an employee or agent of a person who holds a license endorsement under AS 43.70.075 to the Department of Commerce, Community, and Economic Development.
(e) The provisions of (a) of this section do not apply to a person who sells or gives tobacco to a minor, if the minor is a prisoner at an adult correctional facility.
(f) A person who violates (a) of this section is guilty of a violation and upon conviction is punishable by a fine of not less than $300.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 76. Miscellaneous Offenses › Sec. 11.76.105. Possession of tobacco, electronic smoking products, or products containing nicotine by a minor.

(a) A person under 19 years of age may not knowingly possess a cigarette, a cigar, tobacco, a product containing tobacco, an electronic smoking product, or a product containing nicotine in this state. This subsection does not apply to a person who is a prisoner at an adult correctional facility.
(b) In a prosecution under (a) of this section for possession of an electronic smoking product or a product containing nicotine, it is an affirmative defense that the electronic smoking product or product containing nicotine possessed by the person under 19 years of age was intended or expected to be consumed without being combusted, and the electronic smoking product or product containing nicotine
(1) has been approved by the United States Food and Drug Administration for sale as a tobacco use cessation or harm reduction product or for other medical purposes;
(2) was being marketed and sold for the approved purposes; and
(3) was
(A) prescribed by a health care professional;
(B) given to the person by the person's parent or guardian;
(C) provided by a state-approved tobacco cessation program administered by the Department of Health; or
(D) provided by a pharmacist to a person 18 years of age or older without a prescription.
(c) Possession of tobacco, an electronic smoking product, or a product containing nicotine by a minor is a violation.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 76. Miscellaneous Offenses › Sec. 11.76.106. Selling tobacco, electronic smoking products, or products containing nicotine outside controlled access.

(a) Except as provided under (b) of this section, a person may not sell cigarettes, cigars, tobacco, products containing tobacco, electronic smoking products, or products containing nicotine unless the sale occurs in a manner that allows only the sales clerk to control access to the cigarettes, cigars, tobacco, products containing tobacco, electronic smoking products, or products containing nicotine.
(b) Subsection (a) does not apply if the sale
(1) is by vending machine as provided under AS 11.76.100(b) or 11.76.109(d);
(2) is a wholesale transaction, the person is licensed as a manufacturer or distributor under AS 43.50.010, and the sale occurs on premises where no retail transactions occur;
(3) is by a retailer who sells primarily cigarettes, cigars, tobacco, products containing tobacco, electronic smoking products, or products containing nicotine and who restricts access to the premises to only those individuals who are 19 years of age or older; or
(4) is of electronic smoking products over the Internet to a person 19 years of age or older.
(c) A person who violates this section is guilty of a violation and upon conviction is subject to a fine of not less than $300.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 76. Miscellaneous Offenses › Sec. 11.76.107. Failure to supervise vending machine.

(a) A person commits the offense of failure to supervise a vending machine if the person owns premises licensed as a beverage dispensary under AS 04.11.090, licensed as a club under AS 04.11.110, or licensed as a package store under AS 04.11.150 and with criminal negligence fails to have an employee supervise a vending machine on those premises that dispenses cigarettes, cigars, tobacco, products containing tobacco, electronic smoking products, or products containing nicotine as required by AS 11.76.100(b)(1)(B) and 11.76.109(d)(1)(B).
(b) In this section, “supervise” means reasonably monitor the use of.
(c) Failure to supervise a vending machine is a violation and upon conviction is punishable by a fine of not less than $300.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 76. Miscellaneous Offenses › Sec. 11.76.110. Interference with constitutional rights.

(a) A person commits the crime of interference with constitutional rights if
(1) the person injures, oppresses, threatens, or intimidates another person with intent to deprive that person of a right, privilege, or immunity in fact granted by the constitution or laws of this state;
(2) the person intentionally injures, oppresses, threatens, or intimidates another person because that person has exercised or enjoyed a right, privilege, or immunity in fact granted by the constitution or laws of this state; or
(3) under color of law, ordinance, or regulation of this state or a municipality or other political subdivision of this state, the person intentionally deprives another of a right, privilege, or immunity in fact granted by the constitution or laws of this state.
(b) In a prosecution under this section, whether the injury, oppression, threat, intimidation, or deprivation concerns a right, privilege, or immunity granted by the constitution or laws of this state is a question of law.
(c) Interference with constitutional rights is a class A misdemeanor.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 76. Miscellaneous Offenses › Sec. 11.76.113. Misconduct involving confidential information in the first degree.

(a) A person commits the crime of misconduct involving confidential information in the first degree if the person
(1) violates AS 11.76.115 and obtains the confidential information with the intent to
(A) use the confidential information to commit a crime; or
(B) obtain a benefit to which the person is not entitled, to injure another person, or to deprive another person of a benefit; or
(2) publishes or distributes an audio or video recording of an interview of a child for a criminal or child protection investigation, or records of a medical examination of a victim or minor conducted for the purpose of the investigation of an offense under AS 11.41.410 - 11.41.440, 11.41.450, or a child protection investigation, including photographs taken during the examination.
(b) Conviction under this section does not limit a person's ability to obtain civil relief from another person.
(c) The provisions of (a)(2) of this section do not apply to
(1) a person who publishes or distributes a recording, record, or image as permitted or directed under
(A) a court order;
(B) a rule of court; or
(C) a federal or state law requiring the publication or distribution;
(2) the use of a recording, record, or image for training by law enforcement officials, prosecutors, or defense counsel, if the identity of the minor or victim is concealed; or
(3) a recording, record, or image that is released with the consent of
(A) an adult victim or a minor victim for whom the disabilities of minority have been removed for general purposes under AS 09.55.590; or
(B) a minor's parent or guardian unless the parent or guardian is the perpetrator of the abuse or offense about which the recording, record, or image was gathered.
(d) Misconduct involving confidential information in the first degree is a class A misdemeanor.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 76. Miscellaneous Offenses › Sec. 11.76.115. Misconduct involving confidential information in the second degree.

(a) A person commits the crime of misconduct involving confidential information in the second degree if the person, without legal authority or the consent of another person, knowingly obtains confidential information about the other person.
(b) Conviction under this section does not limit a person's ability to obtain civil relief from another person.
(c) In this section, “confidential information” includes
(1) information that has been classified confidential by law;
(2) information encoded on an access device, identification card issued under AS 18.65.310, or driver's license.
(d) Misconduct involving confidential information in the second degree is a class B misdemeanor.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 76. Miscellaneous Offenses › Sec. 11.76.120. Opening or publishing contents of sealed letters.

A person who wilfully opens or reads, or has opened and read, a sealed letter not addressed to the person, without authority to do so by the writer or by the person to whom it is addressed, or who wilfully, without the same authority, publishes a letter or portion of it, knowing it to have been opened without the authority of the writer or addressee, upon conviction, is punishable by imprisonment in jail not less than one month nor more than one year, or by a fine of not less than $50 nor more than $500. This section does not extend to or include an act made punishable by a law of the federal government.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 76. Miscellaneous Offenses › Sec. 11.76.130. Interference with rights of physically or mentally challenged person.

(a) A person commits the crime of interference with the rights of a physically or mentally challenged person if the person intentionally prevents or restricts
(1) a physically or mentally challenged person from having full and free pedestrian use of a street, highway, sidewalk, walkway, or other thoroughfare to the same extent that any other person has a right to pedestrian use; or
(2) a physically or mentally challenged person from being accompanied or assisted by a certified service animal, without an extra charge for the service animal, in a common carrier, place of public accommodation, or other place to which the general public is invited except as provided in (b) of this section.
(b) A physically or mentally challenged person who is accompanied or assisted by a certified service animal in a common carrier, place of public accommodation, or other place to which the general public is invited is liable for property damage done by the animal.
(c) In this section,
(1) “certified service animal” means an animal trained to assist a physically or mentally challenged person and certified by a school or training facility for service animals as having completed such training;
(2) “physically or mentally challenged ” means physically or mentally disabled, as defined in AS 18.80.300.
(d) Interference with the rights of a physically or mentally challenged person is a class B misdemeanor.