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- Alaska Statutes.
- Title 12. Code of Criminal Procedure
- Chapter 55. Sentencing and Probation
- Section 127. Consecutive and Concurrent Terms of Imprisonment.
previous: Section 125
. Sentences of Imprisonment For Felonies.
next: Section 135
. Sentences of Imprisonment For Misdemeanors.
AS 12.55.127. Consecutive and Concurrent Terms of Imprisonment.
- (a) If a defendant is required to serve a term of imprisonment under a separate judgment, a term of imprisonment imposed
in a later judgment, amended judgment, or probation revocation shall be consecutive.
- (b) Except as provided in (c) of this section, if a defendant is being sentenced for two or more crimes in a single
judgment, terms of imprisonment may be concurrent or partially concurrent.
- (c) If the defendant is being sentenced for
- (1) escape, the term of imprisonment shall be consecutive to the term for the underlying crime;
- (2) two or more crimes under AS 11.41, a consecutive term of
imprisonment shall be imposed for at least
- (A) the mandatory minimum term under AS 12.55.125
(a) for each additional crime that is murder in the first degree;
- (B) the mandatory minimum term for each additional crime that is an unclassified felony governed by AS 12.55.125
- (C) the presumptive term specified in AS 12.55.125
(c) or the active term of imprisonment, whichever is less, for each additional crime that is
- (i) manslaughter; or
- (ii) kidnapping that is a class A felony;
- (D) two years or the active term of imprisonment, whichever is less, for each additional crime that is criminally
- (E) one-fourth of the presumptive term under AS 12.55.125
(c) or (i) for each additional crime that is sexual assault in the first degree under AS 11.41.410
or sexual abuse of a minor in the first degree under AS 11.41.434
, or an attempt, solicitation, or conspiracy to commit those offenses; and
- (F) some additional term of imprisonment for each additional crime, or each additional attempt or solicitation to commit
the offense, under AS 11.41.200
- 11.41.250, 11.41.420 - 11.41.432, 11.41.436 - 11.41.458, or 11.41.500 - 11.41.520.
- (d) In this section,
- (1) "active term of imprisonment" means the total term of imprisonment imposed for a crime, minus suspended imprisonment;
- (2) "additional crime" means a crime that is not the primary crime;
- (3) "presumptive term" means the middle of the applicable presumptive range set out in AS 12.55.125 ;
- (4) "primary crime" means the crime
- (A) for which the sentencing court imposes the longest active term of imprisonment; or
- (B) that is designated by the sentencing court as the primary crime when no single crime has the longest active term of
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