Sec. 12.55.135. Sentences of imprisonment for misdemeanors.

760 words·~3 min read·/ak/title-12/chapter-55/12-55-135

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

(a)A defendant convicted of a class A misdemeanor may be sentenced to a definite term of imprisonment of not more than one year.

(b)A defendant convicted of a class B misdemeanor may be sentenced to a definite term of imprisonment of not more than 90 days unless otherwise specified in the provision of law defining the offense.

(c)A defendant convicted of assault in the fourth degree that is a crime involving domestic violence committed in violation of the provisions of an order issued or filed under AS 12.30.027 or AS 18.66.100 — 18.66.180 and not subject to sentencing under

(g)of this section shall be sentenced to a minimum term of imprisonment of 20 days.

(d)A defendant convicted of assault in the fourth degree or harassment in the first degree who knowingly directed the conduct constituting the offense at

(1)a uniformed or otherwise clearly identified peace officer, firefighter, correctional employee, emergency medical technician, paramedic, ambulance attendant, or other emergency responder or medical professional who was engaged in the performance of official duties at the time of the assault or harassment shall be sentenced to a minimum term of imprisonment of

(A)60 days if the defendant violated AS 11.41.230 (a)(1) or

(2)or AS 11.61.118 ;

(B)30 days if the defendant violated AS 11.41.230 (a)(3);

(2)a person who was on school grounds during school hours or during a school function or a school-sponsored event, on a school bus, at a school-sponsored event, or in the administrative offices of a school district, if students are educated at that office, shall be sentenced to a minimum term of imprisonment of 60 days if the defendant violated AS 11.41.230 (a)(1) or (2); in this paragraph,

(A)“school bus” has the meaning given in AS 11.71.900 ;

(B)“school district” has the meaning given in AS 47.07.063 ;

(C)“school grounds” has the meaning given in AS 11.71.900 .

(e)If a defendant is sentenced under (c), (d), or

(h)of this section,

(1)execution of sentence may not be suspended and probation or parole may not be granted until the minimum term of imprisonment has been served;

(2)imposition of a sentence may not be suspended except upon condition that the defendant be imprisoned for no less than the minimum term of imprisonment provided in the section; and

(3)the minimum term of imprisonment may not otherwise be reduced.

(f)A defendant convicted of vehicle theft in the second degree in violation of AS 11.46.365 (a)(1) shall be sentenced to a definite term of imprisonment of at least 72 hours but not more than one year.

(g)A defendant convicted of assault in the fourth degree that is a crime involving domestic violence shall be sentenced to a minimum term of imprisonment of

(1)30 days if the defendant has been previously convicted of a crime against a person or a crime involving domestic violence;

(2)60 days if the defendant has been previously convicted two or more times of a crime against a person or a crime involving domestic violence, or a combination of those crimes.

(h)A defendant convicted of failure to register as a sex offender or child kidnapper in the second degree under AS 11.56.840 shall be sentenced to a minimum term of imprisonment of 35 days.

(i)If a defendant is sentenced under

(g)of this section,

(1)execution of sentence may not be suspended and probation or parole may not be granted until the minimum term of imprisonment has been served;

(2)imposition of sentence may not be suspended;

(3)the minimum term of imprisonment may not otherwise be reduced.

(j)[Repealed, § 179 ch. 36 SLA 2016.]

(k)In this section,

(1)“crime against a person” means a crime under AS 11.41 , or a crime in this or another jurisdiction having elements similar to those of a crime under AS 11.41 ;

(2)“crime involving domestic violence” has the meaning given in AS 18.66.990 ;

(3)“medical professional” means a person who is an advanced practice registered nurse, anesthesiologist, chiropractor, dental hygienist, dentist, health aide, nurse, nurse aide, mental health counselor, osteopath, physician, physician assistant, psychiatrist, psychological associate, psychologist, radiologist, surgeon, or x-ray technician, or who holds a substantially similar position.

(l)[Repealed, § 138 ch 4 FSSLA 2019.]

(m)[Repealed, § 138 ch 4 FSSLA 2019.]

(n)[Repealed, § 138 ch 4 FSSLA 2019.]

(o)[Repealed, § 138 ch 4 FSSLA 2019.]

(p)[Repealed, § 138 ch 4 FSSLA 2019.]