(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 NextLast modified: November 15, 2016