(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.]
Structure Alaska Statutes
Title 12. Code of Criminal Procedure
Chapter 55. Sentencing and Probation
Sec. 12.55.005. Declaration of purpose.
Sec. 12.55.011. Victim and community involvement in sentencing.
Sec. 12.55.015. Authorized sentences; forfeiture.
Sec. 12.55.022. Victim impact statement.
Sec. 12.55.023. Participation by victim in sentencing.
Sec. 12.55.025. Sentencing procedures.
Sec. 12.55.027. Credit for time spent toward service of a sentence of imprisonment.
Sec. 12.55.041. Correctional facility surcharge.
Sec. 12.55.045. Restitution and compensation.
Sec. 12.55.051. Enforcement of fines and restitution.
Sec. 12.55.055. Community work.
Sec. 12.55.078. Suspending entry of judgment.
Sec. 12.55.080. Suspension of sentence and probation.
Sec. 12.55.085. Suspending imposition of sentence.
Sec. 12.55.086. Imprisonment as a condition of suspended imposition of sentence.
Sec. 12.55.088. Modification of sentence.
Sec. 12.55.090. Granting of probation.
Sec. 12.55.100. Conditions of probation.
Sec. 12.55.101. Additional conditions of probation for domestic violence crimes.
Sec. 12.55.102. Alcohol-related offenses.
Sec. 12.55.110. Notice and grounds for revocation of suspension.
Sec. 12.55.115. Fixing eligibility for discretionary parole at sentencing.
Sec. 12.55.120. Appeal of sentence.
Sec. 12.55.125. Sentences of imprisonment for felonies.
Sec. 12.55.127. Consecutive and concurrent terms of imprisonment.
Sec. 12.55.135. Sentences of imprisonment for misdemeanors.
Sec. 12.55.137. Penalties for gang activities punishable as misdemeanors.
Sec. 12.55.139. Penalties for criminal nonsupport and aiding nonpayment of child support.
Sec. 12.55.145. Prior convictions.
Sec. 12.55.147. Fingerprints at time of sentencing.
Sec. 12.55.148. Judgment for sex offenses or child kidnappings.
Sec. 12.55.155. Factors in aggravation and mitigation.
Sec. 12.55.165. Extraordinary circumstances.
Sec. 12.55.175. Three-judge sentencing panel.