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- Alaska Statutes.
- Title 11. Criminal Law
- Chapter 41. Offenses Against the Person
- Section 432. Defenses.
previous:
Section 430. Sexual Assault in the Third Degree. [Repealed, § 10 Ch 78 SLA 1983. For Current Law, See AS
11.41.425]
next:
Section 434. Sexual Abuse of a Minor in the First Degree.
AS 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.
- (2) [Repealed, § 138 ch 4 FSSLA 2019.]
- (b) Except as provided in (d) or (e) of this section, in a prosecution under AS 11.41.410 - 11.41.427, 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
- (1) 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 that continued until the date of the alleged offense; and
- (2) the person on probation or parole consented to the act for which the offender is charged.
- (d) It is a defense to a crime charged under AS 11.41.425(a)(2) — (6) or 11.41.427 that the offender is married to the person, neither party has filed
with the court for separation, divorce, or dissolution of the marriage, and the person consented to the act for which the offender was charged.
- (e) It is an affirmative defense for a crime charged under AS (a)(3), 11.41.420(a)(2), 11.41.420(a)(3)(A), or 11.41.425(a)(1)(A) that the offender is married to the person, neither party has
filed with the court for separation, divorce, or dissolution of the marriage, and the person consented to the act for which the offender is
charged while capable of understanding the nature or consequences of the offender's conduct.
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