Sec. 11.56.235. Retraction as a defense.

219 words·~1 min read·/ak/title-11/chapter-56/11-56-235

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

(a)In a prosecution under AS 11.56.200 or 11.56.230, if the false statement was made in an official proceeding, it is an affirmative defense that the defendant expressly retracted the false statement

(1)during the course of the same official proceeding;

(2)before discovery of the falsification became known to the defendant;

(3)before reliance upon the false statement by the person for whom it was intended; and

(4)if the official proceeding involved a trier of fact, before the subject matter of the official proceeding was submitted to the ultimate trier of fact.

(b)In a prosecution under AS 11.56.200 , if the false statement was not made in an official proceeding, it is an affirmative defense that the defendant expressly retracted the false statement

(1)before discovery of the falsification became known to the defendant; and

(2)before reliance upon the false statement by the person for whom it was intended.

(c)In a prosecution under AS 11.56.210 , it is an affirmative defense that the defendant expressly retracted the false statement before reliance upon the false statement by the person for whom it was intended.

(d)As used in this section, “during the course of the same official proceeding” includes separate hearings at separate stages of the same official proceeding.