Alaska Stat. § 12.55.185

Current through Chapter 61 of the 2024 Legislative Session and 2024 Executive Orders 125, 133 through 135

Section 12.55.185 - [Effective Until 1/1/2025] Definitions

In this chapter, unless the context requires otherwise,

(1) "active term of imprisonment" has the meaning given in AS 12.55.127;

(2) "building" has the meaning given in AS 11.81.900;

(3) "crime against a person" has the meaning given in AS 33.30.901;

(4) "criminal street gang" has the meaning given in AS 11.81.900 (b);

(5) "dangerous instrument" has the meaning given in AS 11.81.900;

(6) "domestic violence" has the meaning given in AS 18.66.990;

(7) "firearm" has the meaning given in AS 11.81.900;

(8) "first felony conviction" means that the defendant has not been previously convicted of a felony;

(9) "judicial officer" has the meaning given in AS 11.56.900;

(10) "most serious felony" means

(A) arson in the first degree, sex trafficking in the first degree under AS 11.66.110 (a)(2), enticement of a minor under AS 11.41.452 (e), or any unclassified or class A felony prescribed under AS 11.41; or

(B) an attempt, or conspiracy to commit, or criminal solicitation under AS 11.31.110 of, an unclassified felony prescribed under AS 11.41;

(11) "paramedic" means a mobile intensive care paramedic licensed under AS 18.08;

(12) "peace officer" has the meaning given in AS 11.81.900;

(13) "pecuniary gain" means the amount of money or value of property at the time of commission of the offense derived by the defendant from the commission of the offense, less the amount of money or value of property returned to the victim of the offense or seized by or surrendered to lawful authority before sentence is imposed;

(14) "second felony conviction" means that the defendant previously has been convicted of a felony;

(15) "serious physical injury" has the meaning given in AS 11.81.900;

(16) "sexual felony" means sexual assault in the first degree, sexual abuse of a minor in the first degree, sex trafficking in the first degree, sexual assault in the second degree, sexual abuse of a minor in the second degree, sexual abuse of a minor in the third degree under AS 11.41.438 (c), unlawful exploitation of a minor, indecent viewing or production of a picture under AS 11.61.123 (f)(1) or (2), distribution of child pornography, sexual assault in the third degree, incest, indecent exposure in the first degree, possession of child pornography, enticement of a minor, and felony attempt, conspiracy, or solicitation to commit those crimes;

(17) "third felony conviction" means that the defendant has been at least twice previously convicted of a felony;

(18) "unconditional discharge" means that a defendant is released from all disability arising under a sentence, including probation and parole;

(19) "victim" means

(A) a person against whom an offense has been perpetrated;

(B) one of the following, not the perpetrator, if the person specified in (A) of this paragraph is a minor, incompetent, or incapacitated:

(i) an individual living in a spousal relationship with the person specified in (A) of this paragraph; or

(ii) a parent, adult child, guardian, or custodian of the person;

(C) one of the following, not the perpetrator, if the person specified in (A) of this paragraph is dead:

(i) a person living in a spousal relationship with the deceased before the deceased died;

(ii) an adult child, parent, brother, sister, grandparent, or grandchild of the deceased; or

(iii) any other interested person, as may be designated by a person having authority in law to do so.

AS 12.55.185

Amended by SLA 2021, ch. 29,sec. 7, eff. 1/1/2022.

Amended by SLA 2019SP1, ch. 4,§§sec.78, sec.79 eff. 7/1/2019.

Amended by SLA 2013, ch. 43,sec. 24, eff. 7/1/2013.

Amended by SLA 2012SP3, ch. 1,sec. 21, eff. 7/1/2012.

This section is set out more than once due to postponed, multiple, or conflicting amendments.