(a) It is a defense to a crime charged under Alaska Stat. § 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

criminal case

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Terms Used In Alaska Statutes 11.41.432

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(1) mentally incapable.
(2)[Repealed, Sec. 138 ch 4 FSSLA 2019.]
(b) Except as provided in (d) or (e) of this section, in a prosecution under Alaska Stat. § 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 Alaska Stat. § 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 Alaska Stat. § 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 Alaska Stat. § 11.41.410(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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