(a) A person commits the offense of failure to stop at the direction of a peace officer in the first degree if the person violates (b) of this section, and, during the commission of that offense,

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
Class A misdemeanorup to 1 yearup to $25,000
For details, see Alaska Stat. § 12.55.125 and Alaska Stat. § 12.55.135

Terms Used In Alaska Statutes 28.35.182

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • motor vehicle: means a vehicle which is self-propelled except a vehicle moved by human or animal power. See Alaska Statutes 28.90.990
  • peace officer: means
    (A) an officer of the state troopers. See Alaska Statutes 01.10.060
  • 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
  • physical injury: has the meaning given in Alaska Stat. See Alaska Statutes 28.90.990
  • vehicle: means a device in, upon, or by which a person or property may be transported or drawn upon or immediately over a highway or vehicular way or area. See Alaska Statutes 28.90.990
(1) the person violates Alaska Stat. § 28.35.400;
(2) the person is committing vehicle theft in the first or second degree; or
(3) as a result of the person’s operation or driving, an accident occurs or a person suffers serious physical injury; in this paragraph, “serious physical injury” has the meaning given in Alaska Stat. § 11.81.900.
(b) A person commits the offense of failure to stop at the direction of a peace officer in the second degree if the person, while driving or operating a vehicle or motor vehicle or while operating an aircraft or watercraft, knowingly fails to stop as soon as practical and in a reasonably safe manner under the circumstances when requested or signaled to do so by a peace officer.
(c) In a prosecution under this section, it is an affirmative defense, if the peace officer, when requesting or signaling the defendant to stop,

(1) was operating a vehicle, motor vehicle, aircraft, or watercraft, and the vehicle, motor vehicle, aircraft, or watercraft

(A) did not meet lighting and audible signaling requirements of law for law enforcement vehicles; and
(B) was not marked appropriately so that a reasonable person would recognize it as a law enforcement vehicle; or
(2) was not operating a vehicle, motor vehicle, aircraft, or watercraft, and the peace officer was not wearing the uniform of office or displaying a badge or other symbol of authority so as to be reasonably identifiable as a peace officer.
(d) In this section,

(1) “knowingly” has the meaning given in Alaska Stat. § 11.81.900;
(2) “signal” means a hand motion, audible mechanical or electronic noise device, visual light device, or combination of them, used in a manner that a reasonable person would understand to mean that the peace officer intends that the person stop.
(e) Failure to stop at the direction of a peace officer in the first degree is a class C felony punishable as provided in Alaska Stat. Chapter 12.55. Failure to stop at the direction of a peace officer in the second degree is a class A misdemeanor.
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