AS Title 11, Chapter 56: Offenses Against Public Administration

Article 1. Bribery and Related Offenses. Chapter 56. Offenses Against Public Administration. Sec. 11.56.100. Bribery. (a) A person commits the crime of bribery if the person confers, offers to confer, or agrees to confer a benefit upon a public servant with the intent to influence the public servant's vote, opinion, judgment, action, decision, or exercise of official discretion. (b) In a prosecution under this section, it is not a defense that the person sought to be influenced was not qualified to act in the desired way, whether because that person had not assumed office, lacked jurisdiction, or for any other reason. (c) Bribery is a class B felony. Sec. 11.56.110. Receiving a bribe. (a) A public servant commits the crime of receiving a bribe if the public servant (1) solicits a benefit with the intent that the public servant's vote, opinion, judgment, action, decision, or exercise of discretion as a public servant will be influenced; or (2) accepts or agrees to accept a benefit upon an agreement or understanding that the public servant's vote, opinion, judgment, action, decision, or exercise of discretion as a public servant will be influenced. (b) Receiving a bribe is a class B felony. Sec. 11.56.120. Receiving unlawful gratuities. (a) A public servant commits the crime of receiving unlawful gratuities if, for having engaged in an official act which was required or authorized and for which the public servant was not entitled to any special or additional compensation, the public servant (1) solicits a benefit, regardless of value; or (2) accepts or agrees to accept a benefit having a value of $50 or more. (b) Receiving unlawful gratuities is a class A misdemeanor. Sec. 11.56.124. Failure to report bribery or receiving a bribe. (a) A public servant commits the crime of failure to report bribery or receiving a bribe if the public servant (1) witnesses what the public servant knows or reasonably should know is (A) bribery of a public servant by another person; or (B) receiving a bribe by another public servant; and (2) does not as soon as reasonably practicable report that crime to a peace officer or a law enforcement agency. (b) Failure to report bribery or receiving a bribe is a class A misdemeanor. Sec. 11.56.130. Definition. In AS 11.56.100 — 11.56.130, “benefit” has the meaning ascribed to it in AS 11.81.900 but does not include (1) political campaign contributions reported in accordance with AS 15.13 unless the contribution is made or received in exchange for an agreement to alter an elected official's or candidate's vote or position on a matter the elected official has, or the candidate on election would have, the authority to take official action on; in this paragraph, “official action” means advice, participation, or assistance, including, for example, a recommendation, decision, approval, disapproval, vote, or other similar action, including inaction; (2) concurrence in official action in the cause of legitimate compromise between public servants; or (3) support, including a vote, solicited by a public servant or offered by any person in an election. Article 2. Perjury and Related Offenses. Sec. 11.56.200. Perjury. (a) A person commits the crime of perjury if the person makes a false sworn statement which the person does not believe to be true. (b) In a prosecution under this section, it is not a defense that (1) the statement was inadmissible under the rules of evidence; or (2) the oath or affirmation was taken or administered in an irregular manner. (c) Perjury is a class B felony. Sec. 11.56.205. Unsworn falsification in the first degree. (a) A person commits the crime of unsworn falsification in the first degree if the person violates AS 11.56.210 (a)(1) and the application is an application for a permanent fund dividend. (b) In this section, (1) “application for a permanent fund dividend” includes a written or electronic application and any other documentation submitted to support an application for a permanent fund dividend; (2) “permanent fund dividend” has the meaning given in AS 43.23.295 . (c) Unsworn falsification in the first degree is a class C felony. Sec. 11.56.210. Unsworn falsification in the second degree. (a) A person commits the crime of unsworn falsification in the second degree if, with the intent to mislead a public servant in the performance of a duty, the person submits a false written or recorded statement that the person does not believe to be true (1) in an application for a benefit; or (2) on a form bearing notice, authorized by law, that false statements made in it are punishable. (b) Unsworn falsification in the second degree is a class A misdemeanor. Sec. 11.56.220. Proof of guilt. In a prosecution for perjury or unsworn falsification in the first or second degree, it is not necessary that proof be made by a particular number of witnesses or by documentary or other type of evidence. Sec. 11.56.230. Perjury by inconsistent statements. (a) A person commits the crime of perjury by inconsistent statements if (1) in the course of one or more official proceedings the person makes two or more sworn statements which are irreconcilably inconsistent to the degree that one of them is necessarily false; (2) the person does not believe one of the statements to be true at the time the statement is made; and (3) each statement is made within the jurisdiction of this state and within the period of the statute of limitations for the crime charged. (b) In a prosecution under this section, it is not necessary for the state to prove which statement was false but only that one or the other was false and not believed by the defendant to be true at the time the defendant made the statement. Proof of the irreconcilable inconsistency of the statements is prima facie evidence that one or the other of the statements was false. (c) Perjury by inconsistent statements is a class C felony. Sec. 11.56.235. Retraction as a defense. (a) In a prosecution under AS 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 (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 AS 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 AS 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. Sec. 11.56.240. Definitions. In AS 11.56.200 — 11.56.240, unless the context requires otherwise, (1) “statement” means a representation of fact and includes a representation of opinion, belief, or other state of mind when the representation clearly relates to state of mind apart from or in addition to any facts that are the subject of the representation; (2) “sworn statement” means (A) a statement knowingly given under oath or affirmation attesting to the truth of what is stated, including a notarized statement; or (B) a statement knowingly given under penalty of perjury under AS 09.63.020 . Article 3. Escape and Related Offenses. Sec. 11.56.300. Escape in the first degree. (a) One commits the crime of escape in the first degree if, without lawful authority, one removes oneself from official detention by means of a deadly weapon or a defensive weapon. (b) Escape in the first degree is a class A felony. Sec. 11.56.310. Escape in the second degree. (a) One commits the crime of escape in the second degree if, without lawful authority, one (1) removes oneself from (A) a secure correctional facility while under official detention for a misdemeanor; (B) official detention for a felony or for extradition; or (C) official detention and, during the escape or at any time before being restored to official detention, one possesses on or about oneself a firearm; (2) violates AS 11.56.335 or 11.56.340 and, during the time of the unlawful evasion or at any time before being restored to official detention, one possesses on or about oneself a firearm; or (3) while under official detention for a felony, (A) removes, tampers with, or disables the electronic monitoring equipment; or (B) without prior authorization, leaves one's residence or other place designated by the commissioner of corrections or the commissioner of family and community services for service by electronic monitoring. (b) In this section, “secure correctional facility” means a correctional facility that (1) has construction fixtures or security features that are designed to restrict the ability of a person under official detention from leaving the facility without lawful authority; or (2) has correctional officers or other persons authorized by the commissioner of corrections to prevent a person under official detention from leaving without lawful authority. (c) Escape in the second degree is a class B felony. Sec. 11.56.320. Escape in the third degree. (a) One commits the crime of escape in the third degree if one (1) removes oneself from official detention during any lawful movement or activity incident to confinement within a correctional facility for a misdemeanor; (2) violates AS 11.56.335 or 11.56.340 and leaves or attempts to leave the state; (3) while under official detention for a misdemeanor, (A) removes, tampers with, or disables the electronic monitoring equipment; or (B) without prior authorization, leaves one's residence or other place designated by the commissioner of corrections or the commissioner of family and community services for service by electronic monitoring; or (4) while on release under AS 12.30 , (A) removes, tampers with, or disables the electronic monitoring equipment; or (B) without prior authorization, leaves one's residence or other place designated by a judicial officer as a condition of release. (b) Escape in the third degree is a class C felony. Sec. 11.56.330. Escape in the fourth degree. (a) One commits the crime of escape in the fourth degree if, without lawful authority, one (1) removes oneself from official detention for a misdemeanor; (2) having been placed under actual restraint by a peace officer before arrest, removes oneself from the restraint. (3) [Repealed, § 138 ch 4 FSSLA 2019.] (b) Escape in the fourth degree is a class A misdemeanor. Sec. 11.56.335. Unlawful evasion in the first degree. (a) A person commits the crime of unlawful evasion in the first degree if, while charged with or convicted of a felony, (1) the person fails to return to official detention within the time authorized following temporary leave granted for a specific purpose or limited period, including leave granted under AS 33.30.181 ; or (2) while on furlough under AS 33.30.101 — 33.30.131, the person fails to return to the place of confinement or residence within the time authorized by those having direct supervision. (b) Unlawful evasion in the first degree is a class C felony. Sec. 11.56.340. Unlawful evasion in the second degree. (a) A person commits the crime of unlawful evasion in the second degree if, while charged with or convicted of a misdemeanor, (1) the person fails to return to official detention within the time authorized following temporary leave granted for a specific purpose or limited period, including leave granted under AS 33.30.181 ; or (2) while on furlough under AS 33.30.101 — 33.30.131, the person fails to return to the place of confinement or residence within the time authorized by those having direct supervision. (b) Unlawful evasion in the second degree is a class A misdemeanor. Sec. 11.56.350. Unlawful evasion in the second degree. [Repealed, § 6 ch 51 SLA 1995.] Sec. 11.56.370. Permitting an escape. (a) A public servant who is required by law to have charge of a person arrested for, charged with, or convicted of a crime commits the crime of permitting an escape if with criminal negligence the public servant permits a person under official detention to escape. (b) Permitting an escape is a class C felony. Sec. 11.56.375. Promoting contraband in the first degree. (a) A person commits the crime of promoting contraband in the first degree if the person violates AS 11.56.380 and the contraband is (1) a deadly weapon or a defensive weapon; (2) an article that is intended by the defendant to be used as a means of facilitating an escape; or (3) a controlled substance. (b) Promoting contraband in the first degree is a class C felony. Sec. 11.56.380. Promoting contraband in the second degree. (a) A person commits the crime of promoting contraband in the second degree if the person (1) introduces, takes, conveys, or attempts to introduce, take, or convey contraband into a correctional facility; or (2) makes, obtains, possesses, or attempts to make, obtain, or possess anything that person knows to be contraband while under official detention within a correctional facility. (b) Promoting contraband in the second degree is a class A misdemeanor. Sec. 11.56.390. Definition. In AS 11.56.300 — 11.56.390, “contraband” means any article or thing which persons confined in a correctional facility are prohibited by law from obtaining, making, or possessing in that correctional facility. Article 4. Offenses Relating to Judicial and Other Proceedings. Sec. 11.56.510. Interference with official proceedings. (a) A person commits the crime of interference with official proceedings if the person (1) uses force on anyone, damages the property of anyone, or threatens anyone with intent to (A) improperly influence a witness or otherwise influence the testimony of a witness; (B) influence a juror's vote, opinion, decision, or other action as a juror; (C) retaliate against a witness or juror because of participation by the witness or juror in an official proceeding; or (D) otherwise affect the outcome of an official proceeding; or (2) confers, offers to confer, or agrees to confer a benefit (A) upon a witness with intent to improperly influence that witness; or (B) upon a juror with intent to influence the juror's vote, opinion, decision, or other action as a juror or otherwise affect the outcome of an official proceeding. (b) Interference with official proceedings is a class B felony. Sec. 11.56.520. Receiving a bribe by a witness or juror. (a) A person commits the crime of receiving a bribe by a witness or juror if the person solicits a benefit with the intent that, or accepts or agrees to accept a benefit upon an agreement or understanding that, (1) the person will be improperly influenced as a witness; or (2) the person's vote, decision, opinion, or other action as a juror will be influenced. (b) Receiving a bribe by a witness or juror is a class B felony. Sec. 11.56.540. Tampering with a witness in the first degree. (a) A person commits the crime of tampering with a witness in the first degree if the person knowingly induces or attempts to induce a witness to (1) testify falsely, offer misleading testimony, or unlawfully withhold testimony in an official proceeding; or (2) be absent from a judicial proceeding to which the witness has been summoned. (b) Tampering with a witness in the first degree is a class C felony. Sec. 11.56.545. Tampering with a witness in the second degree. (a) A person commits the crime of tampering with a witness in the second degree if the person knowingly induces or attempts to induce a witness to be absent from an official proceeding, other than a judicial proceeding, to which the witness has been summoned. (b) Tampering with a witness in the second degree is a class A misdemeanor. Sec. 11.56.590. Jury tampering. (a) A person commits the crime of jury tampering if the person directly or indirectly communicates with a juror other than as permitted by the rules governing the official proceeding with intent to (1) influence the juror's vote, opinion, decision, or other action as a juror; or (2) otherwise affect the outcome of the official proceeding. (b) Jury tampering is a class C felony. Sec. 11.56.600. Misconduct by a juror. (a) A person commits the crime of misconduct by a juror if, being a juror, the person promises or agrees, before the submission of any part of an official proceeding to a jury for deliberation, to vote for or agree to a verdict for or against a party in the official proceeding, or otherwise to affect the outcome of the official proceeding. (b) Misconduct by a juror is a class C felony. Sec. 11.56.610. Tampering with physical evidence. (a) A person commits the crime of tampering with physical evidence if the person (1) destroys, mutilates, alters, suppresses, conceals, or removes physical evidence with intent to impair its verity or availability in an official proceeding or a criminal investigation; (2) makes, presents, or uses physical evidence, knowing it to be false, with intent to mislead a juror who is engaged in an official proceeding or a public servant who is engaged in an official proceeding or a criminal investigation; (3) prevents the production of physical evidence in an official proceeding or a criminal investigation by the use of force, threat, or deception against anyone; or (4) does any act described by (1), (2), or (3) of this subsection with intent to prevent the institution of an official proceeding. (b) Tampering with physical evidence is a class C felony. Sec. 11.56.620. Simulating legal process. (a) A person commits the crime of simulating legal process if, with intent to cause the recipient to take an action on it, the person issues, sends, or delivers (1) a request for payment of money on behalf of any creditor that in form and substance simulates any legal process issued by a court of this state; or (2) any purported summons, subpoena, or other legal process knowing that the process was not issued or authorized by a court or other official body authorized by law to do so. (b) Simulating legal process is a class A misdemeanor. Article 5. Obstruction of Public Administration. Sec. 11.56.700. Resisting or interfering with arrest. (a) A person commits the crime of resisting or interfering with arrest if, knowing that a peace officer is making an arrest, with the intent of preventing the officer from making the arrest, the person resists personal arrest or interferes with the arrest of another by (1) force; (2) committing any degree of criminal mischief; or (3) any means that creates a substantial risk of physical injury to any person. (b) Resisting or interfering with arrest is a class A misdemeanor. Sec. 11.56.705. Harming a police dog in the first degree. (a) A person commits the crime of harming a police dog in the first degree if the person intentionally kills or causes serious physical injury to a police dog, knowing the dog to be a police dog. (b) Harming a police dog in the first degree is a class C felony. Sec. 11.56.710. Harming a police dog in the second degree. (a) A person commits the crime of harming a police dog in the second degree if the person intentionally causes physical injury to or, without causing physical injury to, torments, kicks, strikes, stones, or tampers with a police dog, knowing the dog to be a police dog. (b) Harming a police dog in the second degree is a class A misdemeanor. Sec. 11.56.715. Defense to harming a police dog. It is a defense to a prosecution under AS 11.56.705 or 11.56.710 that the conduct of the defendant (1) conformed to accepted veterinary practice; or (2) was in response to a direct attack on the defendant by a police dog not acting under the control of a peace officer. Sec. 11.56.720. Refusing to assist a peace officer or judicial officer. (a) A person commits the offense of refusing to assist a peace officer or judicial officer if, upon a request, command, or order by someone the person knows to be a peace officer or judicial officer, that person unreasonably fails to make a good faith effort to physically assist the officer in the exercise of official duties. (b) A person who, without expecting compensation, assists a person in accordance with this section is not liable for civil damages as a result of an act or omission in rendering that assistance. This subsection does not preclude liability for civil damages as a result of reckless, wilful, wanton, or intentional misconduct. (c) Refusing to assist a peace officer or judicial officer is a violation. Sec. 11.56.730. Failure to appear. (a) A person commits the crime of failure to appear if the person (1) is released under the provisions of AS 12.30 ; (2) knows that the person is required to appear before a court or judicial officer at the time and place of a scheduled hearing; and (3) with criminal negligence does not appear before the court or judicial officer at the time and place of the scheduled hearing. (b) In a prosecution for failure to appear under (a) of this section, it is an affirmative defense that unforeseeable circumstances, outside the person's control, prevented the person from appearing before the court or judicial officer at the time and place of the scheduled hearing, and the person contacted the court orally and in writing immediately upon being able to make the contact. (c) A person who commits failure to appear incurs a forfeiture of any security for any appearance of the person that was given or pledged to the court for the person's release. (d) Failure to appear is a (1) class C felony if the person was released in connection with a charge of a felony or while awaiting sentence or appeal after conviction of a felony; (2) class A misdemeanor if the person was released in connection with a (A) charge of a misdemeanor, while awaiting sentence or appeal after conviction of a misdemeanor; or (B) requirement to appear as a material witness in a criminal proceeding. (e) In a prosecution for failure to appear under (a) of this section, it is not a defense that the defendant did not receive a reminder notification from a court or judicial officer under Rule 38(e), Alaska Rules of Criminal Procedure. Sec. 11.56.740. Violating a protective order. (a) A person commits the crime of violating a protective order if the person is subject to a protective order (1) issued, filed, or recognized under AS 18.66 and containing a provision listed in AS 18.66.100 (c)(1) — (7) and knowingly commits or attempts to commit an act with reckless disregard that the act violates or would violate a provision of the protective order; (2) issued or recognized under AS 18.65.850 , 18.65.855, 18.65.860, or 18.65.867 and knowingly commits or attempts to commit an act that violates or would violate a provision listed in AS 18.65.850 (c)(1) — (3); or (3) issued under AS 13.26.450 — 13.26.460 and knowingly commits or attempts to commit an act with reckless disregard that the act violates or would violate a provision of the protective order. (b) Violation of this section is a class A misdemeanor. (c) In this section, “protective order” means an order issued, filed, or recognized under AS 13.26.450 — 13.26.460, AS 18.65.850 — 18.65.870, or AS 18.66.100 — 18.66.180. Sec. 11.56.745. Interfering with a report of a crime involving domestic violence. (a) A person, other than the victim, commits the crime of interfering with a report of a crime involving domestic violence if the person knowingly interferes with another person who is reporting or attempting to report a crime involving domestic violence to a law enforcement agency. (b) [Repealed, § 19 ch 86 SLA 1998.] (c) Violation of this section is a class A misdemeanor. Sec. 11.56.750. Unlawful contact in the first degree. (a) A person commits the crime of unlawful contact in the first degree if the person (1) has been ordered (A) by the court not to contact a victim or witness of the offense (i) as part of a sentence imposed under AS 12.55.015 ; (ii) as a condition of release under AS 12.30 or probation under AS 12.55.101 ; or (iii) while under official detention; or (B) as a condition of parole not to contact a victim or witness of the offense under AS 33.16.150 ; and (2) either directly or indirectly, knowingly contacts or attempts to contact the victim or witness in violation of the order. (b) Unlawful contact in the first degree is a class A misdemeanor. Sec. 11.56.755. Unlawful contact in the second degree. (a) A person commits the crime or offense, as applicable, of unlawful contact in the second degree if (1) the person is arrested for a crime against a person under AS 11.41 or a crime involving domestic violence; and (2) before the person's initial appearance before a judge or magistrate or before dismissal of the charge for which the person was arrested, whichever occurs first, the person initiates communication or attempts to initiate communication with the alleged victim of the crime that was the basis for the person's arrest. (b) Unlawful contact in the second degree is (1) a class B misdemeanor if the person was arrested for an offense that is a class A misdemeanor or a felony offense; (2) a violation if the person was arrested for an offense that is a class B misdemeanor. Sec. 11.56.756. Definitions. In AS 11.56.750 and 11.56.755, (1) “victim” has the meaning given in AS 12.55.185 ; and (2) “witness” has the meaning given in AS 12.61.900 . Sec. 11.56.757. Violation of condition of release. (a) A person commits the crime of violation of condition of release if the person (1) has been charged with a crime or convicted of a crime; (2) has been released under AS 12.30 ; and (3) violates a condition of release imposed by a judicial officer under AS 12.30 , other than the requirement to appear as ordered by a judicial officer. (b) Violation of condition of release is a (1) class A misdemeanor if the person is released from a charge or conviction of a felony; (2) class B misdemeanor if the person is released from a charge or conviction of a misdemeanor. (c) In this section, “conviction” means that an adult, or a juvenile charged as an adult under AS 47.12 , has entered a plea of guilty, guilty but mentally ill, or nolo contendere, or has been found guilty or guilty but mentally ill by a court or jury. Sec. 11.56.758. Violation of custodian's duty. (a) A person commits the crime of violation of custodian's duty if the person knowingly fails, when acting as a custodian appointed by the court for a released person under AS 12.30 , to report immediately as directed by the court that the person released has violated a condition of release. (b) Violation of custodian's duty is (1) a class A misdemeanor if the released person is charged with a felony; (2) a class B misdemeanor if the released person is charged with a misdemeanor. Sec. 11.56.759. Violation by sex offender of condition of probation. (a) A person commits the crime of violation by sex offender of condition of probation if the person (1) is on probation for conviction of a sex offense; (2) has served the entire term of incarceration imposed for conviction of the sex offense; and (3) violates a condition of probation imposed under AS 12.55.100 (a)(2)(E), (a)(2)(F), or (e), 12.55.101(a)(1), or any other condition imposed by the court that the court finds to be specifically related to the defendant's offense. (b) In this section, “sex offense” has the meaning given in AS 12.63.100 . (c) Violation by sex offender of condition of probation is a class A misdemeanor. Sec. 11.56.760. Violating an order to submit to DNA testing. (a) A person commits the crime of violating an order to submit to DNA testing if, when requested by a health care professional acting on behalf of the state to provide a blood sample, oral sample, or both, or when requested by a juvenile or adult correctional, probation, or parole officer or a peace officer to provide an oral sample, the person refuses to provide the sample or samples and the person (1) has been ordered to submit to DNA testing as part of a sentence imposed under AS 12.55.015 ; (2) has been convicted of an offense that requires DNA testing under the provisions of AS 44.41.035 ; or (3) is required to register as a sex offender or child kidnapper under AS 12.63 . (b) In this section, “DNA testing” means the collection of a blood sample, oral sample, or both, for the deoxyribonucleic acid identification registration system under AS 44.41.035 . (c) Violating an order to submit to DNA testing is a class C felony. Sec. 11.56.762. Unlawful use of DNA samples. (a) A person commits the crime of unlawful use of DNA samples if the person knowingly, without authorization under AS 44.41.035 , possesses or allows another person access to (1) a blood, oral, or tissue sample collected for inclusion in the deoxyribonucleic acid identification registration system under AS 44.41.035 ; or (2) identification data or records derived from those samples. (b) Unlawful use of DNA samples is a class C felony. Sec. 11.56.765. Failure to report a violent crime committed against a child. (a) A person, other than the victim, commits the crime of failure to report a violent crime committed against a child if the person (1) witnesses what the person knows or reasonably should know is (A) the murder or attempted murder of a child by another; (B) the kidnapping or attempted kidnapping of a child by another; (C) the sexual penetration or attempted sexual penetration by another (i) of a child without consent of the child; (ii) of a child that is mentally incapable; (iii) of a child that is incapacitated; or (iv) of a child that is unaware that a sexual act is being committed; or (D) the assault of a child by another causing serious physical injury to the child; (2) knows or reasonably should know that the child is under 16 years of age; and (3) does not in a timely manner report that crime to a peace officer or law enforcement agency. (b) In a prosecution under this section, it is an affirmative defense that the defendant (1) did not report in a timely manner because the defendant reasonably believed that doing so would have exposed the defendant or others to a substantial risk of physical injury; or (2) acted to stop the commission of the crime and stopped (A) the commission of the crime; or (B) the completion of the crime being attempted. (c) In this section, (1) “incapacitated” has the meaning given in AS 11.41.470 ; (2) “mentally incapable” has the meaning given in AS 11.41.470 ; (3) “sexual act” has the meaning given in AS 11.41.470 ; (4) “without consent” has the meaning given in AS 11.41.470 . (d) Failure to report a violent crime committed against a child is a class A misdemeanor. Sec. 11.56.767. Failure to report a violent crime committed against an adult. (a) A person, other than the victim, commits the offense of failure to report a violent crime committed against an adult if the person, under circumstances not requiring the person to report as required by AS 11.56.765 , (1) witnesses what the person knows or reasonably should know is (A) the murder or attempted murder of a person by another; (B) the kidnapping or attempted kidnapping of a person by another; or (C) the sexual penetration or attempted sexual penetration by another (i) of a person without consent of the person; (ii) of a person who is mentally incapable; (iii) of a person who is incapacitated; or (iv) of a person who is unaware that a sexual act is being committed; and (2) does not, as soon as reasonably practicable, report that crime to a peace officer or law enforcement agency. (b) In a prosecution under this section, it is an affirmative defense that the defendant (1) did not report as soon as reasonably practicable because the defendant reasonably believed that (A) doing so would have exposed the defendant or others to a substantial risk of physical injury; or (B) effective assistance was already being provided by another person; or (2) acted to stop the commission of the crime and stopped (A) the commission of the crime; or (B) the completion of the crime being attempted. (c) In this section, (1) “incapacitated” has the meaning given in AS 11.41.470 ; (2) “mentally incapable” has the meaning given in AS 11.41.470 ; (3) “sexual act” has the meaning given in AS 11.41.470 ; (4) “without consent” has the meaning given in AS 11.41.470 . (d) Failure to report a violent crime committed against an adult is a violation. Sec. 11.56.770. Hindering prosecution in the first degree. (a) A person commits the crime of hindering prosecution in the first degree if the person renders assistance to a person who has committed a crime punishable as a felony with intent to (1) hinder the apprehension, prosecution, conviction, or punishment of that person; or (2) assist that person in profiting or benefiting from the commission of the crime. (b) For purposes of this section, a person “renders assistance” to another if the person (1) harbors or conceals the other person; (2) warns the other person of impending discovery or apprehension; (3) provides or aids in providing the other person with money, transportation, a dangerous instrument, a disguise, or other means of avoiding discovery or apprehension; (4) prevents or obstructs, by means of force, threat, or deception, anyone from performing an act which might aid in the discovery or apprehension of the other person; (5) suppresses by an act of concealment, alteration, or destruction physical evidence which might aid in the discovery or apprehension of the other person; or (6) aids the other person in securing or protecting the proceeds of the crime. (c) Hindering prosecution in the first degree is a class C felony. Sec. 11.56.780. Hindering prosecution in the second degree. (a) A person commits the crime of hindering prosecution in the second degree if the person renders assistance to another who has committed a crime punishable as a misdemeanor, with intent to (1) hinder the apprehension, prosecution, conviction, or punishment of the other person; or (2) assist the other person in profiting or benefiting from the commission of the crime. (b) For purposes of this section, a person “renders assistance” to another if the person does any act described in AS 11.56.770 (b). (c) Hindering prosecution in the second degree is a class B misdemeanor. Sec. 11.56.785. Interference with emergency communications. (a) A person commits the crime of interference with emergency communications if the person knowingly (1) makes repeated emergency communications to report a previously reported incident with no change in circumstance with the intent to cause an emergency police, fire, or medical service response, after an emergency communications worker instructs the person to stop initiating contact for the previously reported incident; (2) makes repeated emergency communications knowing that there is not a police, fire, or medical emergency; or (3) threatens an emergency communications worker during an emergency communication. (b) In this section, (1) “emergency communication” means a communication made to or from an emergency communications center or between police, fire, or medical service personnel in response to an emergency; (2) “emergency communications center” means a facility that is designed to receive requests for emergency assistance and staffed to perform one or more of the following tasks: (A) determine the location at which an emergency response is being requested; (B) interrogate callers to identify, assess, prioritize, and classify requests for emergency assistance and other information; (C) determine the appropriate emergency response required; (D) assess the available emergency response resources that are or will be available in the time required; (E) dispatch appropriate police, fire, or medical personnel; (F) transfer or exchange requests for emergency assistance and other information with other emergency communications centers and emergency response providers; (G) analyze and respond to communications received from emergency response providers and coordinate appropriate actions; and (H) support incident command functions; (3) “emergency communications worker” means a person handling emergency communications at an emergency communications center. (c) Interference with emergency communications is a class B misdemeanor. Sec. 11.56.790. Compounding. (a) A person commits the crime of compounding if, unless authorized by AS 12.45.120 or 12.45.130, the person (1) confers, offers to confer, or agrees to confer a benefit on another in consideration of that other person's concealing an offense, refraining from initiating or aiding in the prosecution of an offense, or withholding evidence of an offense; or (2) accepts or agrees to accept a benefit in consideration of concealing an offense, refraining from initiating or aiding in the prosecution of an offense, or withholding evidence of an offense. (b) Compounding is a class A misdemeanor. Sec. 11.56.800. False information or report. (a) A person commits the crime of false information or report if the person knowingly (1) gives false information to a peace officer (A) with the intent of implicating another in an offense; or (B) concerning the person's identity while the person is (i) under arrest, detention, or investigation for a crime; or (ii) being served with an arrest warrant or being issued a citation; (2) makes a false report to a peace officer that a crime has occurred or is about to occur; (3) makes a false report or gives a false alarm, under circumstances not amounting to terroristic threatening in the second degree under AS 11.56.810 , that a fire or other incident dangerous to life or property calling for an emergency response has occurred or is about to occur; (4) makes a false report to the Department of Natural Resources under AS 46.17 concerning the condition of a dam or reservoir; or (5) gives false information to a public employee relating to a person's eligibility for a permanent fund dividend under AS 43.23 and the false information does not also violate AS 11.56.205 . (b) False information or report is a class A misdemeanor. Sec. 11.56.805. False accusation. (a) A person commits the crime of false accusation if the person knowingly or intentionally initiates a false complaint with the Select Committee on Legislative Ethics established in AS 24.60 . (b) False accusation is a class A misdemeanor. Sec. 11.56.807. Terroristic threatening in the first degree. (a) A person commits the crime of terroristic threatening in the first degree if the person knowingly sends or delivers a bacteriological, biological, chemical, or radiological substance or an imitation bacteriological, biological, chemical, or radiological substance and, as a result, (1) places a person in reasonable fear of physical injury to any person; (2) causes evacuation of a building, public place or area, business premises, or mode of public transportation; or (3) causes serious public inconvenience. (b) In this section, (1) “bacteriological, biological, chemical, or radiological substance” means a material that is capable of causing serious physical injury; (2) “imitation bacteriological, biological, chemical, or radiological substance” means a material that by its appearance would lead a reasonable person to believe that it is capable of causing serious physical injury. (c) Terroristic threatening in the first degree is a class B felony. Sec. 11.56.810. Terroristic threatening in the second degree. (a) A person commits the crime of terroristic threatening in the second degree if the person makes a threat that a circumstance (1) dangerous to human life or property exists or is about to exist with reckless disregard that the threat may (A) place a person in reasonable fear of serious physical injury to any person by means of a dangerous instrument; (B) cause evacuation of or initiation of an emergency protocol for a building, public place or area, business premises, or mode of public transportation; (C) cause serious public inconvenience; or (D) cause the public or a substantial group of people to fear serious physical injury; or (2) exists or is about to exist that is dangerous to the proper or safe functioning of an oil or gas pipeline or supporting facility, utility, or transportation or cargo facility; in this paragraph, “oil or gas pipeline or supporting facility” and “utility” have the meanings given in AS 11.46.495 . (b) Terrorist threatening in the second degree is a class C felony. Sec. 11.56.815. Tampering with public records in the first degree. (a) A person commits the crime of tampering with public records in the first degree if the person violates (1) AS 11.56.820 (a)(3) with intent to obtain a benefit for that person or any person or to injure or deprive another person of a benefit; or (2) AS 11.56.820 (a)(1) or (2) with the intent to conceal a fact material to an investigation or the provision of services under AS 47.10 , AS 47.12 , AS 47.17 , AS 47.20 , or AS 47.24 . (b) Tampering with public records in the first degree is a class C felony. Sec. 11.56.820. Tampering with public records in the second degree. (a) A person commits the crime of tampering with public records in the second degree if the person (1) knowingly makes a false entry in or falsely alters a public record; (2) knowingly destroys, mutilates, suppresses, conceals, removes, or otherwise impairs the verity, legibility, or availability of a public record, knowing that the person lacks the authority to do so; or (3) certifies a public record setting out a claim against a government agency, or the property of a government agency, with reckless disregard of whether the claim is lawful, or that payment of the claim is not authorized in the budget of the government agency. (b) In this section, (1) “certifies” means attesting to the existence, truth, or accuracy of facts, or that one holds an opinion, stated in a public record; the term includes the responsibilities for state officials set out in AS 37.10.030 ; (2) “falsely alters” has the meaning ascribed to it in AS 11.46.580 ; and (3) “makes a false entry” means to change or create a public record, whether complete or incomplete, by means of erasure, obliteration, deletion, insertion of new matter, transposition of matter, or by any other means, so that the record so changed or created states or implies a fact that the maker knows is not true, or states or implies an opinion that the maker does not hold. (c) Tampering with public records in the second degree is a class A misdemeanor. Sec. 11.56.825. Unlawful possession or use of traffic preemption device. (a) A person commits the crime of unlawful possession or use of a traffic preemption device if the person possesses or uses a traffic preemption device and that person is not, at the time of the possession or use, operating an emergency vehicle. (b) This section does not apply to (1) an employee of the state or a municipality who, at the time of the possession or use of a traffic preemption device, is authorized to install, repair, or maintain traffic preemption devices and only uses a device in the process of installing, repairing, and maintaining the devices; or (2) a person operating a motor vehicle involved in highway maintenance or public transit that has been authorized by the Department of Transportation and Public Facilities or by the municipal assembly or council, as appropriate, to possess or use a traffic preemption device. (c) In this section, (1) “emergency vehicle” means a police, fire, or emergency medical service vehicle that only uses a traffic preemption device when responding to a fire or other emergency or when transporting a patient to a hospital or clinic or for transfer to another emergency vehicle; (2) “traffic preemption device” means a system that uses infrared light or other technology on a motor vehicle to transmit a signal to a receiver connected to a traffic light or other traffic control device for the purpose of giving the vehicle transmitting the signal the right-of-way by changing the traffic light or control device. (d) Unlawful possession or use of a traffic preemption device is a class A misdemeanor. Sec. 11.56.827. Impersonating a public servant in the first degree. (a) A person commits the crime of impersonating a public servant in the first degree if the person violates AS 11.56.830 by pretending to be a peace officer and purports to exercise the authority of a peace officer in relation to another person. (b) Impersonating a public servant in the first degree is a class C felony. Sec. 11.56.830. Impersonating a public servant in the second degree. (a) A person commits the crime of impersonating a public servant in the second degree if the person pretends to be a public servant and purports to exercise the authority of a public servant in relation to another person. (b) It is not a defense to a prosecution under this section that (1) the office the defendant pretended to hold did not in fact exist; or (2) the defendant was in fact a public servant different than the one the defendant pretended to be. (c) This section does not apply to a peace officer acting within the scope and authority of the officer's employment. (d) Impersonating a public servant in the second degree is a class B misdemeanor. Sec. 11.56.835. Failure to register as a sex offender or child kidnapper in the first degree. (a) A person commits the crime of failure to register as a sex offender or child kidnapper in the first degree if the person violates AS 11.56.840 (1) and the person has been previously convicted of a crime under this section or AS 11.56.840 or a law or ordinance of this or another jurisdiction with elements similar to a crime under this section or AS 11.56.840 ; or (2) with intent to escape detection or identification and, by escaping detection or identification, to facilitate the person's commission of a sex offense or child kidnapping. (b) In a prosecution under (a)(2) of this section, the fact that the defendant, for a period of at least one year, failed to register as a sex offender or child kidnapper, failed to file the annual or quarterly written verification, or changed the sex offender's or child kidnapper's address and did not file the required notice of change of address, is prima facie evidence that the defendant intended to escape detection or identification and, by escaping detection or identification, to facilitate the person's commission of a sex offense or child kidnapping. (c) In this section, “child kidnapping” and “sex offense” have the meanings given in AS 12.63.100 . (d) Failure to register as a sex offender or child kidnapper in the first degree is a class C felony. Sec. 11.56.840. Failure to register as a sex offender or child kidnapper in the second degree. (a) A person commits the crime of failure to register as a sex offender or child kidnapper in the second degree if the person (1) is required to register under AS 12.63.010 ; (2) knows that the person is required to register under AS 12.63.010 ; and (3) fails to (A) register; (B) file written notice of (i) change of residence; (ii) change of mailing address; (iii) establishment of an electronic or messaging address or any change to an electronic or messaging address; (iv) establishment of an Internet communication identifier or any change to an Internet communication identifier; or (v) change of name;

(C) file the annual or quarterly written verification; or (D) supply accurate and complete information required to be submitted under this paragraph. (b) In a prosecution for failure to register as a sex offender or child kidnapper in the second degree under (a) of this section, it is an affirmative defense that (1) unforeseeable circumstances, outside the control of the person, prevented the person from registering under (a)(3)(A) of this section or filing or supplying the written notices, verification, and other information required under (a)(3)(B) — (D) of this section; and (2) the person contacted the Department of Public Safety orally and in writing immediately upon being able to perform the requirements described in this section. (c) Failure to register as a sex offender or child kidnapper in the second degree is a class A misdemeanor. Sec. 11.56.845. Hindering the Legislative Budget and Audit Committee. (a) A person commits hindering the Legislative Budget and Audit Committee if the person intentionally (1) fails to give, or (2) directs, orders, threatens, restrains, coerces, forces, or prevents another person from giving, full cooperation to the legislative auditor or the legislative fiscal analyst in assembling or furnishing requested information to the committee or its staff, and the person did not reasonably believe that the action or failure to act was legally justified. (b) Hindering the Legislative Budget and Audit Committee is a violation, punishable by a fine of not more than $5,000. Article 6. Abuse of Public Office. Sec. 11.56.850. Official misconduct. (a) A public servant commits the crime of official misconduct if, with intent to obtain a benefit or to injure or deprive another person of a benefit, the public servant (1) performs an act relating to the public servant's office but constituting an unauthorized exercise of the public servant's official functions, knowing that that act is unauthorized; or (2) knowingly refrains from performing a duty which is imposed upon the public servant by law or is clearly inherent in the nature of the public servant's office. (b) Official misconduct is a class A misdemeanor. Sec. 11.56.860. Misuse of confidential information. (a) A person who is or has been a public servant commits the crime of misuse of confidential information if the person (1) learns confidential information through employment as a public servant; and (2) while in office or after leaving office, uses the confidential information for personal gain or in a manner not connected with the performance of official duties other than by giving sworn testimony or evidence in a legal proceeding in conformity with a court order. (b) As used in this section, “confidential information” means information which has been classified confidential by law. (c) Misuse of confidential information is a class A misdemeanor. Sec. 11.56.870. Renumbered as AS 11.56.845 . Article 7. General Provisions. Sec. 11.56.900. Definitions. In this chapter, unless the context requires otherwise, (1) “improperly influence a witness” means to cause or induce a witness to (A) testify falsely, offer misleading testimony, or unlawfully withhold testimony in an official proceeding; (B) avoid or attempt to avoid legal process summoning the witness to testify in an official proceeding, regardless of whether legal process has issued; (C) be absent from an official proceeding to which the witness has been summoned; or (D) engage in conduct described in AS 11.56.610 ; (2) “judicial officer” means a supreme court justice, including the chief justice, a judge of the court of appeals, a judge of the superior court, a district court judge, or a magistrate; (3) “juror” means a person who is a member of an impanelled jury or a person who has been drawn or summoned to attend as a prospective juror; (4) “physical evidence” means an article, object, document, record, or other thing of physical substance; (5) “testimony” means oral or written statements, documents, or other material that may be offered by a witness in an official proceeding; (6) “witness” means (A) a witness summoned or appearing in an official proceeding; or (B) a person who the defendant believes may be called as a witness in an official proceeding, present or future.