(a) When a minor who was at least 16 years of age at the time of the offense is charged by complaint, information, or indictment with an offense specified in this subsection, this chapter and the Alaska Delinquency Rules do not apply to the offense for which the minor is charged or to any additional offenses joinable to it under the applicable rules of court governing criminal procedure. Subject to the provisions of Alaska Stat. § 47.12.105, the minor shall be charged, held, transported, released on bail, prosecuted, sentenced, and incarcerated in the same manner as an adult. If the minor is convicted of an offense other than an offense specified in this subsection, the minor may attempt to prove, by a preponderance of the evidence, that the minor is amenable to treatment under this chapter. If the court finds that the minor is amenable to treatment under this chapter, the minor shall be treated as though the charges had been heard under this chapter, and the court shall order disposition of the charges of which the minor is convicted under Alaska Stat. § 47.12.120(b). The provisions of this subsection apply when the minor is charged by complaint, information, or indictment with an offense

Attorney's Note

Under the Alaska Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class A felonyup to 20 yearsup to $250,000
Class B felonyup to 10 yearsup to $100,000
For details, see Alaska Stat. § 12.55.125(c) and Alaska Stat. § 12.55.125
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Terms Used In Alaska Statutes 47.12.030

  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • court: means the superior court of the state. See Alaska Statutes 47.12.990
  • crime against a person: means an offense set out in Alaska Stat. See Alaska Statutes 47.12.990
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • 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.
  • minor: as used in this chapter includes a person described in this section. See Alaska Statutes 47.12.022
  • municipality: means a political subdivision incorporated under the laws of the state that is a home rule or general law city, a home rule or general law borough, or a unified municipality. 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
  • Statute: A law passed by a legislature.
(1) that is an unclassified felony or a class A felony and the felony is a crime against a person;
(2) of arson in the first degree;
(3) that is a class B felony and the felony is a crime against a person in which the minor is alleged to have used a deadly weapon in the commission of the offense and the minor was previously adjudicated as a delinquent or convicted as an adult, in this or another jurisdiction, as a result of an offense that involved use of a deadly weapon in the commission of a crime against a person or an offense in another jurisdiction having elements substantially identical to those of a crime against a person, and the previous offense was punishable as a felony; in this paragraph, “deadly weapon” has the meaning given in Alaska Stat. § 11.81.900(b); or
(4) that is misconduct involving weapons in the first degree under

(A)Alaska Stat. § 11.61.190(a)(1); or
(B)Alaska Stat. § 11.61.190(a)(2) when the firearm was discharged under circumstances manifesting substantial and unjustifiable risk of physical injury to a person.
(b) When a minor is accused of violating a statute specified in this subsection, other than a statute the violation of which is a felony, this chapter and the Alaska Delinquency Rules do not apply and the minor accused of the offense shall be charged, prosecuted, and sentenced in the district court in the same manner as an adult; if a minor is charged, prosecuted, and sentenced for an offense under this subsection, the minor’s parent, guardian, or legal custodian shall be present at all proceedings; the provisions of this subsection apply when a minor is accused of violating

(1) a traffic statute or regulation, or a traffic ordinance or regulation of a municipality;
(2)Alaska Stat. § 11.76.105, relating to the possession of tobacco by a person under 19 years of age;
(3) a fish and game statute or regulation under Alaska Stat. Title 16;
(4) a parks and recreational facilities statute or regulation under Alaska Stat. Chapter 41.21;
(5)[Repealed, Sec. 23 ch 16 SLA 2021.]
(6) a municipal curfew ordinance, whether adopted under Alaska Stat. § 29.35.085 or otherwise, unless the municipality provides for enforcement of its ordinance under Alaska Stat. § 29.25.070(b) by the municipality; in place of any fine imposed for the violation of a municipal curfew ordinance, the court shall allow a defendant the option of performing community work; the value of the community work, which may not be lower than the amount of the fine, shall be determined under Alaska Stat. § 12.55.055(c); in this paragraph, “community work” includes the work described in Alaska Stat. § 12.55.055(b) or work that, on the recommendation of the municipal or borough assembly, city council, or traditional village council of the defendant’s place of residence, would benefit persons within the municipality or village who are elderly or disabled;
(7)Alaska Stat. § 04.16.050, relating to consumption, possession, or control of alcohol by a person under 21 years of age.
(c) The provisions of Alaska Stat. § 47.12.010 – 47.12.260 and the Alaska Delinquency Rules do not apply to driver’s license proceedings under Alaska Stat. § 28.15.185; the court shall impose a driver’s license revocation under Alaska Stat. § 28.15.185 in the same manner as adult driver’s license revocations, except that a parent or legal guardian shall be present at all proceedings.
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