(a) In a prosecution under Alaska Stat. § 11.56.200 or 11.56.230, if the false statement was made in an official proceeding, it is an affirmative defense that the defendant expressly retracted the false statement

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Terms Used In Alaska Statutes 11.56.235

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • 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) during the course of the same official proceeding;
(2) before discovery of the falsification became known to the defendant;
(3) before reliance upon the false statement by the person for whom it was intended; and
(4) if the official proceeding involved a trier of fact, before the subject matter of the official proceeding was submitted to the ultimate trier of fact.
(b) In a prosecution under Alaska Stat. § 11.56.200, if the false statement was not made in an official proceeding, it is an affirmative defense that the defendant expressly retracted the false statement

(1) before discovery of the falsification became known to the defendant; and
(2) before reliance upon the false statement by the person for whom it was intended.
(c) In a prosecution under Alaska Stat. § 11.56.210, it is an affirmative defense that the defendant expressly retracted the false statement before reliance upon the false statement by the person for whom it was intended.
(d) As used in this section, “during the course of the same official proceeding” includes separate hearings at separate stages of the same official proceeding.
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