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Go back to: Alaska statutes
Go back to: Title 11 Criminal Law
Go back to: Chapter 41. Offenses Against the Person.

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.

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