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Title 12. Code Of Criminal Procedure


Published: 2015

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Title 12. CODE OF CRIMINAL PROCEDURE
Chapter 12.05. 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.

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.

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.

Chapter 12.10. 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.

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, Sec. 3 ch 86 SLA 2001].

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.

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.

Chapter 12.15. PARTIES

[Repealed, Sec. 21 ch 166 SLA 1978. For present provisions, see AS 11.16].

Chapter 12.20. BARS TO ACTIONS

Sec. 12.20.010. Conviction or acquittal elsewhere as bar. [Repealed, Sec. 40 ch 75 SLA 2008].

 Repealed or Renumbered

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.

Sec. 12.20.030. When acquittal is a bar.

When the defendant is acquitted on the merits, the defendant is acquitted of the same crime, notwithstanding any defect in form or substance in the charge, information, or complaint on which the trial was had.

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.

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.

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.

Chapter 12.25. ARRESTS AND CITATIONS

Article 01. ARRESTS