(a) A person who has been injured or damaged, or the estate of a person who has died, may recover from the offender full reasonable attorney fees in a civil action or a wrongful death action if the injury, damage, or death resulted from
(1) an attempt on the part of the person to prevent the commission of a serious criminal offense or to apprehend an offender who has committed a serious criminal offense, or aiding or attempting to aid a police officer to do so, or aiding a victim of a serious criminal offense; or
(2) the commission or attempt on the part of the offender to commit a serious criminal offense.
(b) If a judgment for attorney fees is entered against an offender in a civil action brought under this section, and a contract of insurance requires an insurer to pay the attorney fees, the insurer shall be liable only for the attorney fees that would be awarded to the plaintiff under Rule 82(b)(1), Alaska Rules of Civil Procedure.
(c) In this section, "serious criminal offense" means the following offenses:
(1) murder in any degree;
(2) manslaughter;
(3) criminally negligent homicide;
(4) assault in any degree;
(5) kidnapping;
(6) sexual assault in any degree;
(7) sexual abuse of a minor in any degree;
(8) robbery in any degree;
(9) coercion;
(10) extortion;
(11) arson in any degree;
(12) burglary in any degree;
(13) criminal mischief in the first, second, third, or fourth degree;
(14) driving while under the influence of an alcoholic beverage, inhalant, or controlled substance or another crime resulting from the operation of a motor vehicle, boat, or airplane when the offender is under the influence of an alcoholic beverage, inhalant, or controlled substance;
(15) a crime involving domestic violence, as defined in AS 18.66.990 .
Section: Previous 09.60.010 09.60.015 09.60.020 09.60.030 09.60.040 09.60.050 09.60.060 09.60.070 09.60.080 NextLast modified: November 15, 2016