Alaska Statutes Sec. 11.41.432 - Defenses

(a) It is a defense to a crime charged under AS 11.41.410 (a)(3), 11.41.420(a)(2), 11.41.420(a)(3), 11.41.425, or 11.41.427 that the offender is

(1) mentally incapable; or

(2) married to the person and neither party has filed with the court for a separation, divorce, or dissolution of the marriage.

(b) Except as provided in (a) of this section, in a prosecution under AS 11.41.410 or 11.41.420, it is not a defense that the victim was, at the time of the alleged offense, the legal spouse of the defendant.

(c) It is an affirmative defense to a crime charged under AS 11.41.425(a)(5) or 11.41.427(a)(4) that the offender and the person on probation or parole had, before the person was placed on probation or parole, a dating relationship or a sexual relationship, and the relationship continued until the date of the alleged offense.

Section: Previous  11.41.410  11.41.420  11.41.425  11.41.427  11.41.430  11.41.432  11.41.434  11.41.436  11.41.438  11.41.440  11.41.443  11.41.445  11.41.450  11.41.452  11.41.455  Next

Last modified: November 15, 2016