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- Alaska Statutes.
- Title 11. Criminal Law
- Chapter 41. Offenses Against the Person
- Section 220. Assault in the Third Degree.
previous: Section 210
. Assault in the Second Degree.
next: Section 230
. Assault in the Fourth Degree.
AS 11.41.220. Assault in the Third Degree.
- (a) A person commits the crime of assault in the third degree if that person
- (1) recklessly
- (A) places another person in fear of imminent serious physical injury by means of a dangerous instrument;
- (B) causes physical injury to another person by means of a dangerous instrument; or
- (C) while being 18 years of age or older
- (i) causes physical injury to a child under 10 years of age and the injury would cause a reasonable caregiver to seek medical attention from a health care professional in the form of diagnosis or treatment;
- (ii) causes physical injury to a child under 10 years of age on more than one occasion;
- (2) with intent to place another person in fear of death or serious physical injury to the person or the person's family
member makes repeated threats to cause death or serious physical injury to another person;
- (3) while being 18 years of age or older, knowingly causes physical injury to a child under 16 years of age but at least
10 years of age and the injury reasonably requires medical treatment; or
- (4) with criminal negligence causes serious physical injury under AS 11.81.900(b)(56)(B) to another person by means of a
- (b) In a prosecution under (a)(3) of this section, it is an affirmative defense that, at the time of the alleged offense,
the defendant reasonably believed the victim to be 16 years of age or older, unless the victim was under 13 years of
age at the time of the alleged offense.
- (c) In this section, "the person's family member" means
- (1) a spouse, child, grandchild, parent, grandparent, sibling, uncle, aunt, nephew, or niece, of the person, whether
related by blood, marriage, or adoption;
- (2) a person who lives or has lived, in a spousal relationship with the person;
- (3) a person who lives in the same household as the person; or
- (4) a person who is a former spouse of the person or is or has been in a dating, courtship, or engagement relationship
with the person.
- (d) Assault in the third degree is a class C felony.
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