(a) A person commits the crime of assault in the third degree if that person

Attorney's Note

Under the Alaska Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class C felonyup to 5 yearsup to $50,000
For details, see Alaska Stat. § 12.55.125

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Terms Used In Alaska Statutes 11.41.220

  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
(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 12 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 12 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 12 years of age and the injury reasonably requires medical treatment;
(4) with criminal negligence, causes serious physical injury under Alaska Stat. § 11.81.900(b)(59)(B) to another person by means of a dangerous instrument; or
(5) commits a crime that is a violation of Alaska Stat. § 11.41.230(a)(1) or (2) and, within the preceding 10 years, the person was convicted on two or more separate occasions of crimes under

(A)Alaska Stat. § 11.41.10011.41.170;
(B)Alaska Stat. § 11.41.20011.41.220, 11.41.230(a)(1)or(2), 11.41.280, or 11.41.282;
(C)Alaska Stat. § 11.41.260 or 11.41.270;
(D)Alaska Stat. § 11.41.410, 11.41.420, or 11.41.425(a)(1); or
(E) a law or ordinance of this or another jurisdiction with elements similar to those of an offense described in (A) – (D) of this paragraph.
(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 (a)(5) of this section, when considering whether a conviction has occurred in the preceding 10 years, the date that sentence is imposed is the date that a previous conviction has occurred.
(d) 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.
(e) Assault in the third degree is a class C felony.