Sec. 11.41.432. Defenses.

267 words·~1 min read·/ak/title-11/chapter-41/11-41-432

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)It is a defense to a crime charged under AS 11.41.410 (a)(3), 11.41.420(a)(2), 11.41.420(a)(3), 11.41.425, or 11.41.427 that the offender is

(1)mentally incapable.

(2)[Repealed, § 138 ch 4 FSSLA 2019.]

(b)Except as provided in

(d)or

(e)of this section, in a prosecution under AS 11.41.410 — 11.41.427, it is not a defense that the victim was, at the time of the alleged offense, the legal spouse of the defendant.

(c)It is an affirmative defense to a crime charged under AS 11.41.425 (a)(5) or 11.41.427(a)(4) that

(1)the offender and the person on probation or parole had, before the person was placed on probation or parole, a dating relationship or a sexual relationship that continued until the date of the alleged offense; and

(2)the person on probation or parole consented to the act for which the offender is charged.

(d)It is a defense to a crime charged under AS 11.41.425 (a)(2) —

(6)or 11.41.427 that the offender is married to the person, neither party has filed with the court for separation, divorce, or dissolution of the marriage, and the person consented to the act for which the offender was charged.

(e)It is an affirmative defense for a crime charged under AS 11.41.410 (a)(3), 11.41.420(a)(2), 11.41.420(a)(3)(A), or 11.41.425(a)(1)(A) that the offender is married to the person, neither party has filed with the court for separation, divorce, or dissolution of the marriage, and the person consented to the act for which the offender is charged while capable of understanding the nature or consequences of the offender's conduct.