reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 76. Miscellaneous Offenses › Sec. 11.76.133. Interference with the training of a service animal.

(a) A person commits the offense of interference with the training of a service animal if the person intentionally prevents or restricts a person who is authorized to train a service animal from being accompanied by an animal that is identified as being in training to be a service animal, or assesses an extra charge because of the animal, in a public facility, except as provided in (b) and (c) of this section.
(b) A trainer who is accompanied by an animal in training to be a service animal in a public facility is liable for property damage done by the animal.
(c) It is an affirmative defense to a prosecution under this section that
(1) the person accompanied by the animal in training to be a service animal did not, when requested by the defendant, give reasonable evidence of being a person authorized to train service animals; or
(2) the defendant prevented entry into the facility or caused the trainer and the animal to leave or be removed from the facility based on unruly or disruptive conduct of the animal that created
(A) a substantial risk of imminent physical injury to a person other than the trainer; or
(B) an atmosphere that made regular activities by other persons in the facility substantially more difficult than usual.
(d) In this section,
(1) “authorized” means employed by, or serving as a volunteer with, a school, agency, or other facility that trains service animals;
(2) “identified as being in training” means wearing a device or exhibiting an insignia approved by a school, agency, or other facility that trains service animals that identifies the animal as being in training to be a service animal;
(3) “in training to be a service animal” means being in the pre-training or training period as required under a program administered through a school, agency, or other training facility for service animals whose goal is to certify the animal as being able to assist physically or mentally challenged persons;
(4) “public facility” means a capital improvement owned, operated, or occupied by, or a mode of transportation owned or operated by, the state, a public corporation of the state, the University of Alaska, a political subdivision of the state, or a regional educational attendance area.
(e) Interference with the training of a service animal is a violation.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 76. Miscellaneous Offenses › Sec. 11.76.140. Avoidance of ignition interlock device.

(a) A person commits the crime of avoidance of ignition interlock device if the person knowingly
(1) circumvents or tampers with an ignition interlock device in a manner intended to allow a person on probation under AS 12.55.102, with a condition of sentence under AS 12.55.102 or another section, or who has an ignition interlock limited license to avoid using the device;
(2) rents a motor vehicle to a person and with criminal negligence disregards the fact that the person is on probation under AS 12.55.102, has a condition of sentence under AS 12.55.102 or another section, or has an ignition interlock limited license, unless the vehicle is equipped with an ignition interlock device described in AS 12.55.102; or
(3) loans a motor vehicle to a person and knowingly disregards the fact that the person is on probation under AS 12.55.102, has a condition of sentence under AS 12.55.102 or another section, or has an ignition interlock limited license, unless the vehicle is equipped with an ignition interlock device described in AS 12.55.102.
(b) Avoidance of ignition interlock device
(1) under (a)(1) of this section is a class A misdemeanor;
(2) under (a)(2) or (3) of this section is a class B misdemeanor and is punishable by a term of imprisonment of not more than 30 days and a fine of not more than $500.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 76. Miscellaneous Offenses › Sec. 11.76.150. Sale of products containing dextromethorphan.

(a) A seller, retailer, or vendor may not sell a product containing dextromethorphan to another person unless
(1) the seller, retailer, or vendor checks a government-issued photo identification and determines the person is 18 years of age or older;
(2) from the person's outward appearance, the seller, retailer, or vendor would reasonably presume the person to be 25 years of age or older; or
(3) the person is under 18 years of age and has a prescription for the product issued by a licensed practitioner.
(b) A seller, retailer, or vendor or an employee of a seller, retailer, or vendor who knowingly or wilfully violates this section is guilty of a violation and is punishable by a fine of
(1) $150 for the first violation; and
(2) $250 for the second and each subsequent violation.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 81. General Provisions › Article 1. General Purposes. › Sec. 11.81.100. General purposes.

The general purposes of this title are to
(1) proscribe conduct that unjustifiably and inexcusably causes or threatens substantial harm to individual or public interests;
(2) give fair warning of the nature of the conduct constituting an offense;
(3) define the act or omission and accompanying culpable mental state that constitute each offense and limit the condemnation of conduct as criminal when it is without fault; and
(4) differentiate on reasonable grounds between serious and minor offenses.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 81. General Provisions › Article 2. Applicability of Criminal Statutes. › Sec. 11.81.200. Effect of amendment or repeal of criminal statutes.

When all or part of a criminal statute is amended or repealed, the criminal statute or part of it so amended or repealed remains in force for the purpose of authorizing the accusation, prosecution, conviction, and punishment of a person who violated the statute or part of it before the effective date of the amending or repealing Act, unless otherwise specified in the amending or repealing Act.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 81. General Provisions › Article 2. Applicability of Criminal Statutes. › Sec. 11.81.210. Limitation on applicability.

This title does not bar, suspend, or otherwise affect any right to or liability for damages, penalty, forfeiture, or other remedy authorized by law to be recovered or enforced in a civil action, regardless of whether the conduct involved in the proceeding constitutes an offense defined in this title.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 81. General Provisions › Article 2. Applicability of Criminal Statutes. › Sec. 11.81.220. All offenses defined by statute.

No conduct constitutes an offense unless it is made an offense
(1) by this title;
(2) by a statute outside this title; or
(3) by a regulation authorized by and lawfully adopted under a statute.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 81. General Provisions › Article 4. General Principles of Justification. › Sec. 11.81.320. Justification: Necessity.

(a) Conduct which would otherwise be an offense is justified by reason of necessity to the extent permitted by common law when
(1) neither this title nor any other statute defining the offense provides exemptions or defenses dealing with the justification of necessity in the specific situation involved; and
(2) a legislative intent to exclude the justification of necessity does not otherwise plainly appear.
(b) The justification specified in (a) of this section is an affirmative defense.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 81. General Provisions › Article 4. General Principles of Justification. › Sec. 11.81.330. Justification: Use of nondeadly force in defense of self.

(a) A person is justified in using nondeadly force upon another when and to the extent the person reasonably believes it is necessary for self-defense against what the person reasonably believes to be the use of unlawful force by the other person, unless
(1) the person used the force in mutual combat not authorized by law;
(2) the person claiming self-defense provoked the other's conduct with intent to cause physical injury to the other;
(3) the person claiming self-defense was the initial aggressor; or
(4) the force used was the result of using a deadly weapon or dangerous instrument the person claiming self-defense possessed while
(A) acting alone or with others to further a felony criminal objective of the person or one or more other persons;
(B) a participant in a felony transaction or purported transaction or in immediate flight from a felony transaction or purported transaction in violation of AS 11.71; or
(C) acting alone or with others in revenge for, retaliation for, or response to actual or perceived conduct by a rival or perceived rival, or a member or perceived member of a rival group, if the person using deadly force, or the group on whose behalf the person is acting, has a history or reputation for violence among civilians.
(b) A person who is not justified in using force in self-defense in the circumstances listed in (a)(1) - (3) of this section is justified in using force in self-defense if that person has withdrawn from the encounter and effectively communicated the withdrawal to the other person, but the other person persists in continuing the incident by the use of unlawful force.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 81. General Provisions › Article 4. General Principles of Justification. › Sec. 11.81.335. Justification: Use of deadly force in defense of self.

(a) Except as provided in (b) of this section, a person who is justified in using nondeadly force in self-defense under AS 11.81.330 may use deadly force in self-defense upon another person when and to the extent the person reasonably believes the use of deadly force is necessary for self-defense against
(1) death;
(2) serious physical injury;
(3) kidnapping, except for what is described as custodial interference in the first degree in AS 11.41.320;
(4) sexual assault in the first degree;
(5) sexual assault in the second degree;
(6) sexual abuse of a minor in the first degree; or
(7) robbery in any degree.
(b) A person may not use deadly force under this section if the person knows that, with complete personal safety and with complete safety as to others being defended, the person can avoid the necessity of using deadly force by leaving the area of the encounter, except there is no duty to leave the area if the person is
(1) on premises
(A) that the person owns or leases;
(B) where the person resides, temporarily or permanently; or
(C) as a guest or express or implied agent of the owner, lessor, or resident;
(2) a peace officer acting within the scope and authority of the officer's employment or a person assisting a peace officer under AS 11.81.380;
(3) in a building where the person works in the ordinary course of the person's employment;
(4) protecting a child or a member of the person's household; or
(5) in any other place where the person has a right to be.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 81. General Provisions › Article 4. General Principles of Justification. › Sec. 11.81.340. Justification: Use of force in defense of a third person.

A person is justified in using force upon another when and to the extent the person reasonably believes it is necessary to defend a third person when, under the circumstances as the person claiming defense of another reasonably believes them to be, the third person would be justified under AS 11.81.330 or 11.81.335 in using that degree of force for self-defense.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 81. General Provisions › Article 4. General Principles of Justification. › Sec. 11.81.350. Justification: Use of force in defense of property and premises.

(a) A person may use nondeadly force upon another when and to the extent the person reasonably believes it is necessary to terminate what the person reasonably believes to be the commission or attempted commission by the other of an unlawful taking or damaging of property or services.
(b) A person may use deadly force upon another when and to the extent the person reasonably believes it necessary to terminate what the person reasonably believes to be the commission or attempted commission of arson upon a dwelling or occupied building.
(c) A person in possession or control of any premises, or a guest or an express or implied agent of that person, may use
(1) nondeadly force upon another when and to the extent the person reasonably believes it is necessary to terminate what the person reasonably believes to be the commission or attempted commission by the other of criminal trespass in any degree upon the premises;
(2) deadly force upon another when and to the extent the person reasonably believes it is necessary to terminate what the person reasonably believes to be a burglary in any degree occurring in an occupied dwelling or building.
(d) [Repealed, § 7 ch 68 SLA 2006.]
(e) A person
(1) in a vehicle, or forcibly removed from a vehicle, may use deadly force upon another when and to the extent the person reasonably believes it is necessary to terminate what the person reasonably believes to be a carjacking of that vehicle at or about the time the vehicle is carjacked;
(2) outside of a vehicle may use deadly force upon another when and to the extent the person reasonably believes it is necessary to terminate what the person reasonably believes to be the theft of that vehicle when another person, other than the perceived offender, is inside of the vehicle; this paragraph does not apply to a person outside of a vehicle who is involved in a dispute with a person inside of the vehicle who is a household member of that person; in this paragraph, “household member” has the meaning given in AS 18.66.990.
(f) A person justified in using force under this section does not have a duty to leave or attempt to leave the area of the encounter before using force.
(g) In (e) of this section,
(1) “carjacking” means a robbery involving the taking or attempted taking of a vehicle from a person in possession of the vehicle;
(2) “vehicle” means a “motor vehicle” as defined in AS 28.90.990, an aircraft, or a watercraft.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 81. General Provisions › Article 4. General Principles of Justification. › Sec. 11.81.370. Justification: Use of force by a peace officer in making an arrest or terminating an escape.

(a) In addition to using force justified under other sections of this chapter, a peace officer may use nondeadly force and may threaten to use deadly force when and to the extent the officer reasonably believes it necessary to make an arrest, to terminate an escape or attempted escape from custody, or to make a lawful stop. The officer may use deadly force only when and to the extent the officer reasonably believes the use of deadly force is necessary to make the arrest or terminate the escape or attempted escape from custody of a person the officer reasonably believes
(1) has committed or attempted to commit a felony which involved the use of force against a person;
(2) has escaped or is attempting to escape from custody while in possession of a firearm on or about the person; or
(3) may otherwise endanger life or inflict serious physical injury unless arrested without delay.
(b) The use of force in making an arrest or stop is not justified under this section unless the peace officer reasonably believes the arrest or stop is lawful.
(c) Nothing in this section prohibits or restricts a peace officer in preparing to use or threatening to use a dangerous instrument.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 81. General Provisions › Article 4. General Principles of Justification. › Sec. 11.81.380. Justification: Use of force by private person assisting an arrest or terminating an escape.

(a) Except as provided in (b) of this section, a person who has been directed by another who that person reasonably believes to be a peace officer to assist in making an arrest or terminating or preventing an escape may use nondeadly force when and to the extent the person reasonably believes it necessary to carry out the peace officer's direction. A person may use deadly force under this section only when the person reasonably believes it necessary to carry out the peace officer's direction to use deadly force.
(b) The use of force under (a) of this section is not justified if the person believes that the peace officer is not justified in using that degree of force under the circumstances.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 81. General Provisions › Article 4. General Principles of Justification. › Sec. 11.81.390. Use of force by a private person in making arrest or terminating an escape.

In addition to using force justified under other sections of this chapter, a person, acting as a private person, may use nondeadly force to make the arrest or terminate the escape or attempted escape from custody of a person who the private person reasonably believes has committed a misdemeanor in the private person's presence or a felony when and to the extent the private person reasonably believes it necessary to make that arrest or terminate that escape or attempted escape from custody. A private person may use deadly force under this section only when and to the extent the private person reasonably believes the use of deadly force is necessary to make the arrest or terminate the escape or attempted escape from custody of another who the private person reasonably believes
(1) has committed or attempted to commit a felony which involved the use of force against a person; or
(2) has escaped or is attempting to escape from custody while in possession of a firearm on or about the person.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 81. General Provisions › Article 4. General Principles of Justification. › Sec. 11.81.400. Justification: Use of force in resisting or interfering with arrest.

(a) A person may not use force to resist personal arrest or interfere with the arrest of another by a peace officer who is known by the person, or reasonably appears, to be a peace officer, whether the arrest is lawful or unlawful, unless
(1) the force used by the peace officer exceeds that allowed under AS 11.81.370.
(2) [Repealed, § 1 ch 63 SLA 1982.]
(b) The use of force justified under this section in resisting arrest or interfering with the arrest of another may not exceed the use of force justified under AS 11.81.330 or 11.81.335.
(c) [Repealed, § 1 ch 63 SLA 1982.]
(d) [Repealed, § 1 ch 63 SLA 1982.]
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 81. General Provisions › Article 4. General Principles of Justification. › Sec. 11.81.410. Justification: Use of force by guards.

(a) In addition to using force justified under other sections of this chapter, a guard or peace officer employed in a correctional facility may, if authorized by regulations adopted by the Department of Corrections, use nondeadly force upon another person when and to the extent reasonably necessary and appropriate to maintain order.
(b) Except as provided in (c) of this section, a guard or peace officer employed in a correctional facility or a peace officer in the immediate vicinity of a correctional facility at the time of an escape from the facility may use deadly force when and to the extent the guard or peace officer reasonably believes it necessary to terminate the escape or attempted escape of a prisoner from the correctional facility.
(c) The use of deadly force under (b) of this section is not justified if the guard or peace officer knows that the prisoner was under official detention in the correctional facility on a charge of a misdemeanor and does not believe that the prisoner is armed with a firearm, in which event only nondeadly force may be used.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 81. General Provisions › Article 4. General Principles of Justification. › Sec. 11.81.420. Justification: Performance of public duty.

(a) Unless inconsistent with AS 11.81.320 - 11.81.410, conduct which would otherwise constitute an offense is justified when it is required or authorized by law or by a judicial decree, judgment, or order.
(b) The justification afforded by this section also applies when
(1) the person reasonably believes the conduct to be required or authorized by a decree, judgment, or order of a court of competent jurisdiction or in the lawful execution of legal process, notwithstanding lack of jurisdiction of the court or defect in the legal process; or
(2) the person reasonably believes the conduct to be required or authorized to assist a peace officer in the performance of the officer's duties, notwithstanding that the officer exceeded the officer's authority.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 81. General Provisions › Article 4. General Principles of Justification. › Sec. 11.81.440. Duress.

(a) In any prosecution for an offense, it is an affirmative defense that the defendant engaged in the proscribed conduct because the defendant was coerced to do so by the use of unlawful force upon the defendant or a third person, which force a reasonable person in the defendant's situation would have been unable to resist.
(b) The defense of duress is not available when one recklessly places oneself in a situation in which it is probable that one will be subject to duress.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 81. General Provisions › Article 4. General Principles of Justification. › Sec. 11.81.450. Entrapment.

In any prosecution for an offense, it is an affirmative defense that, in order to obtain evidence of the commission of an offense, a public law enforcement official or a person working in cooperation with the official induced the defendant to commit the offense by persuasion or inducement as would be effective to persuade an average person, other than one who is ready and willing, to commit the offense. Inducement or persuasion which would induce only a person engaged in an habitual course of unlawful conduct for gain or profit does not constitute entrapment.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 81. General Provisions › Article 5. Prohibition on Prosecution. › Sec. 11.81.500. No prosecution for safe surrender of infant.

A parent may not be criminally prosecuted for surrendering a child of the parent if the child
(1) is an infant who is less than 21 days of age;
(2) is surrendered in the manner described in AS 47.10.013(c); and
(3) is not the subject of a court order affecting custody of the child.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 81. General Provisions › Article 6. General Principles of Criminal Liability. › Sec. 11.81.600. General requirements of culpability.

(a) The minimal requirement for criminal liability is the performance by a person of conduct that includes a voluntary act or the omission to perform an act that the person is capable of performing.
(b) A person is not guilty of an offense unless the person acts with a culpable mental state, except that no culpable mental state must be proved
(1) if the description of the offense does not specify a culpable mental state and the offense is
(A) a violation; or
(B) designated as one of “strict liability”; or
(2) if a legislative intent to dispense with the culpable mental state requirement is present.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 81. General Provisions › Article 6. General Principles of Criminal Liability. › Sec. 11.81.610. Construction of statutes with respect to culpability.

(a) [Repealed, § 44 ch 102 SLA 1980.]
(b) Except as provided in AS 11.81.600(b), if a provision of law defining an offense does not prescribe a culpable mental state, the culpable mental state that must be proved with respect to
(1) conduct is “knowingly”; and
(2) a circumstance or a result is “recklessly.”
(c) When a provision of law provides that criminal negligence suffices to establish an element of an offense, that element is also established if a person acts intentionally, knowingly, or recklessly. If acting recklessly suffices to establish an element, that element also is established if a person acts intentionally or knowingly. If acting knowingly suffices to establish an element, that element is also established if a person acts intentionally.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 81. General Provisions › Article 6. General Principles of Criminal Liability. › Sec. 11.81.615. Offenses defined by age or value.

Whenever a provision of law defining an offense requires a determination of the age of the victim or the value of property or services, it is not a defense to the lowest class of offense established by the evidence that the age of the victim is less than the age which would make the offense a higher class of offense or that the value of the property or services exceeds the value 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 81. General Provisions › Article 6. General Principles of Criminal Liability. › Sec. 11.81.620. Effect of ignorance or mistake upon liability.

(a) Knowledge, recklessness, or criminal negligence as to whether conduct constitutes an offense, or knowledge, recklessness, or criminal negligence as to the existence, meaning, or application of the provision of law defining an offense, is not an element of an offense unless the provision of law clearly so provides. Use of the phrase “intent to commit a crime”, “intent to promote or facilitate the commission of a crime”, or like terminology in a provision of law does not require that the defendant act with a culpable mental state as to the criminality of the conduct that is the object of the defendant's intent.
(b) A person is not relieved of criminal liability for conduct because the person engages in the conduct under a mistaken belief of fact, unless
(1) the factual mistake is a reasonable one that negates the culpable mental state required for the commission of the offense;
(2) the provision of law defining the offense or a related provision of law expressly provides that the factual mistake constitutes a defense or exemption; or
(3) the factual mistake is a reasonable one that supports a defense of justification as provided in AS 11.81.320 - 11.81.430.
2023 Alaska Statutes › Title 11. Criminal Law › Chapter 81. General Provisions › Article 6. General Principles of Criminal Liability. › Sec. 11.81.630. Intoxication as a defense.

Voluntary intoxication is not a defense to a prosecution for an offense, but evidence that the defendant was intoxicated may be offered whenever it is relevant to negate an element of the offense that requires that the defendant intentionally cause a result.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 05. Jurisdiction › Sec. 12.05.010. Crime commenced outside state but consummated inside.

When the commission of a crime commenced outside the state is consummated inside the state, the defendant is liable to punishment in this state even though out of the state at the time of the commission of the crime charged, if the defendant consummated the crime through the intervention of an innocent or guilty agent, or by other means proceeding directly from the defendant.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 05. Jurisdiction › Sec. 12.05.020. Offenses committed on aircraft or ferries and other watercraft owned or operated by the state.

A person may be prosecuted under the laws of this state for an offense committed on or against an aircraft owned or operated by the state or a ferry or other watercraft owned or operated by the state, even if the aircraft, ferry, or watercraft is in airspace or water outside the state when the offense is alleged to have occurred. This jurisdiction is in addition to that provided by AS 44.03 and any other jurisdictional basis expressed or implied in law.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 05. Jurisdiction › Sec. 12.05.030. Crimes involving minors committed outside state.

In addition to any other jurisdictional basis expressed or implied in law, a person may be prosecuted under the laws of this state for conduct occurring outside the state for a violation of
(1) AS 11.41.452 if the other person with whom the defendant communicated was in the state; or
(2) AS 11.61.116 if the minor whose image is published or distributed was in the state.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 10. Limitations of Actions › Sec. 12.10.010. General time limitations.

(a) Prosecution for the following offenses may be commenced at any time:
(1) murder;
(2) attempt, solicitation, or conspiracy to commit murder or hindering the prosecution of murder;
(3) felony sexual abuse of a minor;
(4) sexual assault that is an unclassified, class A, or class B felony or a violation of AS 11.41.425(a)(2) - (4);
(5) a violation of AS 11.41.425, 11.41.427, 11.41.450 - 11.41.458, AS 11.66.110 - 11.66.130, or former AS 11.41.430, when committed against a person who, at the time of the offense, was under 18 years of age;
(6) kidnapping;
(7) distribution of child pornography in violation of AS 11.61.125;
(8) sex trafficking in violation of AS 11.66.110 - 11.66.130 that is an unclassified, class A, or class B felony or that is committed against a person who, at the time of the offense, was under 20 years of age;
(9) human trafficking in violation of AS 11.41.360 or 11.41.365.
(b) Except as otherwise provided by law or in (a) of this section, a person may not be prosecuted, tried, or punished for an offense unless the indictment is found or the information or complaint is instituted not later than
(1) 10 years after the commission of a felony offense in violation of AS 11.41.120 - 11.41.330, 11.41.425(a)(1), 11.41.425(a)(5), 11.41.425(a)(6), or 11.41.450 - 11.41.458; or
(2) five years after the commission of any other offense.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 10. Limitations of Actions › Sec. 12.10.020. Specific time limitation.

(a) Even if the general time limitation has expired, a prosecution for any offense that includes a material element of fraud or breach of fiduciary obligation may be commenced within one year after the discovery of the offense by an aggrieved party or by a person who has legal capacity to represent an aggrieved party or a legal duty to report the offense and who is not a party to the offense, but in no case shall this provision extend the period of limitation otherwise applicable by more than three years.
(b) Even if the general time limitation has expired, a prosecution for any offense based upon misconduct in office by a public officer or employee may be commenced within one year after discovery of the offense by a person having a duty to report such offense, but in no case shall this provision extend the period of limitation otherwise applicable by more than three years.
(c) [Repealed, § 3 ch 86 SLA 2001.]
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 10. Limitations of Actions › Sec. 12.10.030. When period of limitation runs.

(a) An offense is committed either when every element occurs, or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant's complicity therein is terminated. Time starts to run on the day after the offense is committed.
(b) A prosecution is commenced either when an indictment is found or when a warrant is issued, provided that such warrant is executed without unreasonable delay.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 10. Limitations of Actions › Sec. 12.10.040. When period of limitation does not run.

(a) The period of limitation does not run during any time when the accused, with a purpose to avoid detection, apprehension, or prosecution, is outside the state or is absent from the accused's usual place of abode within the state, but in no case shall this provision extend the period of limitation otherwise applicable by more than three years.
(b) The period of limitation does not run during any time when a prosecution against the accused for the same conduct is pending in this state.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 20. Bars to Actions › Sec. 12.20.020. When acquittal or dismissal is not a bar.

If the defendant is acquitted on the ground of a variance between the charge and the proof, or the charge is dismissed upon an objection to its form or substance, or discharged for want of prosecution, without a judgment of acquittal or in bar of another prosecution, it is not an acquittal of the crime and does not bar a subsequent prosecution for the same crime.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 20. Bars to Actions › Sec. 12.20.040. When conviction or acquittal is a bar to other offenses.

When the defendant is convicted or acquitted of a crime consisting of different degrees, the conviction or acquittal is a bar to another prosecution for the crime charged in the former or for any inferior degree of that crime, or for an attempt to commit that crime, or for an offense necessarily included in the crime of which the defendant might have been convicted under the information, indictment, or complaint.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 20. Bars to Actions › Sec. 12.20.050. Dismissal as bar.

(a) It is a bar to another prosecution for the same crime if the crime is a misdemeanor, but it is not a bar if the crime charged is a felony when a person is
(1) held to answer to the grand jury and the court dismisses the charge before the case is presented to the grand jury upon the motion of the prosecuting attorney;
(2) held to answer to the grand jury and the court dismisses the charge because the indictment is not found against the person at the next session of the grand jury; or
(3) indicted for a crime and the indictment is dismissed because the trial is not held within a reasonable period of time, there is not good cause shown for the delay, and the delay was not upon the application of the defendant or with the defendant's consent.
(b) Unless the court directs a judgment of acquittal to be entered, it is not a bar to another action for the same crime if the court orders an indictment to be discharged because the prosecuting attorney is not prepared to go to trial when the indictment is called for trial and does not show sufficient cause for postponing the trial.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 20. Bars to Actions › Sec. 12.20.060. Discharge of codefendant as bar.

It is an acquittal of the defendant discharged and a bar to another prosecution for the same crime when two or more persons are charged in the same indictment, and the court dismisses the indictment against a defendant
(1) before that defendant has begun to present a defense and on the application of the prosecuting attorney so that the defendant may be a witness for the state; or
(2) before the evidence is closed and on the application of another defendant on trial so that the discharged defendant may be a witness for a codefendant, and when, in the opinion of the court, there is not sufficient evidence to require the discharged defendant to present a defense.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 25. Arrests and Citations › Article 1. Arrests. › Sec. 12.25.020. Judge or magistrate may order arrest.

When a crime is committed in the presence of a judge or magistrate, the judge or magistrate may, by an oral or written order, command any person to arrest the offender, and may immediately proceed as though the offender had been brought before the court on a warrant of arrest.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 25. Arrests and Citations › Article 1. Arrests. › Sec. 12.25.030. Grounds for arrest by private person or peace officer without warrant.

(a) A private person or a peace officer without a warrant may arrest a person
(1) for a crime committed or attempted in the presence of the person making the arrest;
(2) when the person has committed a felony, although not in the presence of the person making the arrest;
(3) when a felony has in fact been committed, and the person making the arrest has reasonable cause for believing the person to have committed it.
(b) In addition to the authority granted by (a) of this section, a peace officer
(1) shall make an arrest under the circumstances described in AS 18.65.530;
(2) without a warrant may arrest a person if the officer has probable cause to believe the person has, either in or outside the presence of the officer,
(A) committed a crime involving domestic violence, whether the crime is a felony or a misdemeanor; in this subparagraph, “crime involving domestic violence” has the meaning given in AS 18.66.990;
(B) committed the crime of violating a protective order in violation of AS 11.56.740; or
(C) violated a condition of release imposed under AS 12.30.016(e) or 12.30.027;
(3) without a warrant may arrest a person when the peace officer has probable cause for believing that the person has
(A) committed a crime under or violated conditions imposed as part of the person's release before trial on misdemeanor charges brought under AS 11.41.270;
(B) violated AS 04.16.050 or an ordinance with similar elements; however, unless there is a lawful reason for further detention, a person who is under 18 years of age and who has been arrested for violating AS 04.16.050 or an ordinance with similar elements shall be cited for the offense and released to the person's parent, guardian, or legal custodian;
(C) violated conditions imposed as part of the person's release under the provisions of AS 12.30; or
(D) violated AS 11.41.230 at a health care facility, and the person
(i) was not seeking medical treatment at the facility; or
(ii) was stable for discharge.
(c) [Repealed, § 16 ch 61 SLA 1982.]
(d) [Repealed, § 72 ch 64 SLA 1996.]
(e) In this section, “health care facility” has the meaning given in AS 18.07.111.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 25. Arrests and Citations › Article 1. Arrests. › Sec. 12.25.033. Arrest without warrant for operating vehicle while under the influence of an alcoholic beverage, inhalant, or controlled substance.

A peace officer may arrest a person without a warrant, whether or not the offense is committed in the presence of the officer, when the officer has probable cause to believe that the person to be arrested has committed the crime of operating a motor vehicle, an aircraft, or a watercraft in violation of AS 28.35.030 or a similar city or borough ordinance, if the violation is alleged to have occurred less than eight hours before the time of arrest.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 25. Arrests and Citations › Article 1. Arrests. › Sec. 12.25.035. Arrest without warrant by state trooper when judicial officer is unavailable.

A state trooper may arrest a person without a warrant for a misdemeanor or for the violation of an ordinance when
(1) the officer has reasonable grounds to believe that the person to be arrested has committed a misdemeanor or has violated an ordinance;
(2) personal or property damage is likely to be done unless the person is immediately arrested; and
(3) there is no known judicial officer empowered to issue a warrant within a radius of 25 miles of the person to be apprehended.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 25. Arrests and Citations › Article 1. Arrests. › Sec. 12.25.040. Taking before judge or magistrate person arrested by bystander.

A peace officer may, without warrant, take before a judge or magistrate a person who, being engaged in a breach of the peace, is arrested by a bystander and delivered to the peace officer.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 25. Arrests and Citations › Article 1. Arrests. › Sec. 12.25.060. Method of arrest by officer without warrant.

When making an arrest without a warrant, the peace officer shall inform the person to be arrested of the officer's authority and the cause of the arrest, unless the person to be arrested is then engaged in the commission of a crime, or is pursued immediately after its commission or after an escape.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 25. Arrests and Citations › Article 1. Arrests. › Sec. 12.25.140. Property taken from defendant on arrest.

When money or other property is taken from a person arrested upon a charge of a crime, the officer taking it shall immediately make duplicate receipts for the property, specifying particularly the amount of money or kind of property taken. The officer shall deliver one receipt to the person arrested and the other to the judge or magistrate who examines the charge or, if the arrest is after the information or indictment, to the clerk of the court where the action is pending.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 25. Arrests and Citations › Article 1. Arrests. › Sec. 12.25.150. Rights of prisoner after arrest.

(a) A person arrested shall be taken before a judge or magistrate without unnecessary delay and in any event within 24 hours after arrest, absent compelling circumstances, including Sundays and holidays. The unavailability of a report prepared by the pretrial services officer under AS 33.07 or a delay in the transmittal of that report to the parties or to the court may not be considered a sufficient compelling circumstance to justify delaying a hearing beyond 24 hours. The hearing before the judge or magistrate may not take place more than 48 hours after arrest. This requirement applies to municipal police officers to the same extent as it does to state troopers.
(b) Immediately after an arrest, a prisoner shall have the right to telephone or otherwise communicate with the prisoner's attorney and any relative or friend, and any attorney at law entitled to practice in the courts of Alaska shall, at the request of the prisoner or any relative or friend of the prisoner, have the right to immediately visit the person arrested. This subsection does not provide a prisoner with the right to initiate communication or attempt to initiate communication under circumstances proscribed under AS 11.56.755.
(c) It shall be unlawful for an officer having custody of a person so arrested to wilfully refuse or neglect to grant the prisoner the rights provided by this section. A violation of this section is a misdemeanor, and, upon conviction, the offender is punishable by a fine of not more than $100, or by imprisonment for not more than 30 days, or by both.
(d) In addition to the criminal liability in (c) of this section, an officer having a prisoner in custody who refuses to allow an attorney to visit the prisoner when proper application is made therefor shall forfeit and pay to the party aggrieved the sum of $500, recoverable in a court of competent jurisdiction.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 25. Arrests and Citations › Article 2. Citations. › Sec. 12.25.175. Uniform citation format and procedure.

(a) Notwithstanding any contrary provision of law, a citation issued by a peace officer or by another person who is authorized by law to issue a citation in the state must comply with standards concerning uniform citation format and procedure adopted by the Department of Public Safety. The standards must include
(1) a statewide numbering system for citations;
(2) a requirement that a citation be made upon oath or affirmation before a person authorized by law to administer oaths or affirmations or signed with a certification under penalty of perjury that the citation is true and was personally served on the person charged or served in a manner permitted under (d) of this section;
(3) a requirement that the citation contain information required by AS 12.25.200(b).
(b) The commissioner of public safety shall provide or prescribe citation forms for use by peace officers and other persons who are authorized by law to issue citations.
(c) The commissioner of public safety shall adopt regulations under AS 44.62 (Administrative Procedure Act) to implement this section.
(d) The standards adopted by the department under (a) of this section must allow for service of a citation by other than personal service when the citation is for commission of an infraction or a violation for an offense other than an offense under AS 04.16.050 or an offense involving a moving motor vehicle, the offense is punishable by a fine of $500 or less, and the peace officer or other person authorized by law to issue the citation
(1) leaves the citation in a conspicuous place on the vehicle or other personal or real property that was the subject of the infraction or violation; or
(2) serves the citation in a manner permitted for service of process under Rule 4, Alaska Rules of Civil Procedure.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 25. Arrests and Citations › Article 2. Citations. › Sec. 12.25.180. When peace officer may issue citation or take person before the court.

(a) When a peace officer stops or contacts a person for the commission of a class C felony offense, a misdemeanor, or the violation of a municipal ordinance, the officer may, in the officer's discretion, issue a citation to the person instead of taking the person before a judge or magistrate under AS 12.25.150, except the officer may arrest if
(1) the person does not furnish satisfactory evidence of identity;
(2) the peace officer reasonably believes the person is a danger to others;
(3) the crime for which the person is contacted is one involving violence or harm to another person or to property;
(4) the person asks to be taken before a judge or magistrate under AS 12.25.150; or
(5) the peace officer has probable cause to believe the person committed a crime involving domestic violence; in this paragraph, “crime involving domestic violence” has the meaning given in AS 18.66.990.
(b) When a peace officer stops or contacts a person for the commission of an infraction or a violation, the officer shall issue a citation instead of taking the person before a judge or magistrate under AS 12.25.150, except the officer may arrest if
(1) the person does not furnish satisfactory evidence of identity;
(2) the person refuses to accept service of the citation.
(3) [Repealed, § 138 ch 4 FSSLA 2019.]
(c) A person may not bring a civil action for damages for a failure to comply with the provisions of this section.
2023 Alaska Statutes › Title 12. Code of Criminal Procedure › Chapter 25. Arrests and Citations › Article 2. Citations. › Sec. 12.25.190. When person to be given five-day notice to appear in court.

(a) When a person is contacted by a peace officer and the peace officer exercises one of the options provided for in AS 12.25.180, the officer shall prepare a written citation and issue it to the person.
(b) The time specified in the notice to appear shall be at least two working days after the issuance of the citation under AS 12.25.180(a).
(c) The person cited shall accept at least one copy of the written citation prepared by the peace officer.
(d) The time specified in the notice to appear shall be at least five working days after issuance of the citation under AS 12.25.180(b).