(a) A person commits the crime of failure to appear if the person
(1) is released under the provisions of AS 12.30;
(2) knows that the person is required to appear before a court or judicial officer at the time and place of a scheduled hearing; and
(3) with criminal negligence does not appear before the court or judicial officer at the time and place of the scheduled hearing.
(b) In a prosecution for failure to appear under (a) of this section, it is an affirmative defense that unforeseeable circumstances, outside the person's control, prevented the person from appearing before the court or judicial officer at the time and place of the scheduled hearing, and the person contacted the court orally and in writing immediately upon being able to make the contact.
(c) A person who commits failure to appear incurs a forfeiture of any security for any appearance of the person that was given or pledged to the court for the person's release, and is guilty of a
(1) class C felony if the person was released in connection with a charge of a felony, or while awaiting sentence or appeal after conviction of a felony;
(2) class A misdemeanor if the person was released in connection with a
(A) charge of a misdemeanor, or while awaiting sentence or appeal after conviction of a misdemeanor; or
(B) requirement to appear as a material witness in a criminal proceeding.
Section: Previous 11.56.700 11.56.705 11.56.710 11.56.715 11.56.720 11.56.730 11.56.740 11.56.745 11.56.750 11.56.755 11.56.756 11.56.757 11.56.758 11.56.759 11.56.760 NextLast modified: November 15, 2016