AS Title 12, Chapter 60: Prevention of Crimes

Article 1. Manner of Preventing Crimes. Chapter 60. Prevention of Crimes. Sec. 12.60.010. Resistance to commission of crime. [Repealed, § 21 ch 166 SLA 1978. For present provisions, see AS 11.81.330 — AS 11.81.350 .] Sec. 12.60.020. Manner of preventing crime. Crimes may be prevented by the intervention of the peace officers (1) by requiring security to keep the peace; (2) by forming a police in cities, towns, villages, and settlements, and by requiring their attendance at exposed places; (3) by suppressing riots. Sec. 12.60.030. Justification of persons aiding officers in preventing crime. [Repealed, § 21 ch 166 SLA 1978. For present provisions, see AS 11.81.380 .] Article 2. Action on Threatened Crime; Requirements of Undertakings. Sec. 12.60.040. Action on threatened crime. A person may bring a complaint in the district court against a person who has threatened to commit a crime against the person or property of another. Sec. 12.60.050. Examination of complainant and witnesses. When the complaint is brought, the judge or magistrate shall examine the complainant and require the complainant to sign the complaint under oath, and take signed statements under oath of any witnesses the complainant produces. Sec. 12.60.060. Arrest. If it appears that there is good reason to fear the commission of the crime threatened by the person complained of, the judge or magistrate shall have the person complained of arrested and immediately brought before the judge or magistrate. Sec. 12.60.070. Examination of charge. When the person complained of appears or is brought before the judge or magistrate, if the charge in the complaint is controverted, the judge or magistrate may subpoena witnesses, hear any statement to the charges made by the person complained of, and hear all other testimony. Sec. 12.60.080. Adjournment of examination. The judge or magistrate may adjourn the examination and commit the person complained of, or take bail or a deposit of money in lieu thereof. Sec. 12.60.090. Discharge for lack of grounds. If it appears that there is no good reason to fear the commission of the crime alleged to have been threatened, the person complained of shall be discharged. Sec. 12.60.100. Requirement of undertaking. If there is good reason to fear the commission of the crime, the person complained of may be required to enter into an undertaking in a sum not exceeding $2,000 as the judge or magistrate may direct, with one or more sufficient sureties, to keep the peace toward the people of the state and particularly toward the complainant. The undertaking is valid and binding for not more than one year and may, upon the renewal of the action, be extended for an additional period of not more than one year, or a new undertaking required. Sec. 12.60.110. Discharge upon giving undertaking. If the undertaking is given, the party complained of shall be discharged. If the party complained of does not give the undertaking, the judge or magistrate shall commit the party to the custody of a peace officer. Sec. 12.60.120. Security where crime committed or threatened before court, judge or magistrate. A person who, in the presence of a court, judge, or magistrate, assaults or threatens to assault another, or to commit an offense against another's property, or who contends with another with angry words to the disturbance of the peace may be ordered by the court, judge, or magistrate without warrant or other proof to give security as provided in this chapter and, if the person omits to do so, may be committed. Sec. 12.60.130. Discharge upon giving undertaking after commitment. If the person complained of is committed for not giving the undertaking required, the person may be discharged by any judge or magistrate upon giving the undertaking. Sec. 12.60.140. Forfeiture of undertaking. The undertaking is forfeited upon the person complained of being convicted of a breach of the peace. Sec. 12.60.150. Rights and authorities of sureties. The sureties in an undertaking to keep the peace are entitled to the rights and authority of bail under AS 12.30 and the Alaska Rules of Criminal Procedure, and may be exonerated from their undertaking in the manner prescribed by law. Sec. 12.60.160. Requiring security of convicted person. The court before whom any person is convicted of a crime which, by the judgment of the court, is punished otherwise than by imprisonment in the penitentiary may require that person to enter into an undertaking as provided in AS 12.60.100 for not more than two years. If the person does not provide the undertaking, the court may commit the person until the undertaking is given or the period expires. Sec. 12.60.170. Security to keep the peace. An undertaking to keep the peace shall also be considered an undertaking to be of good behavior, and cannot be required except as prescribed in this chapter. Article 3. Unlawful Assembly. Sec. 12.60.180. Unlawful or riotous assembly. Where six or more persons, whether armed or not, are riotously assembled, a district judge, magistrate, peace officer, or the chief executive officer of a city, town, village, or settlement shall go among the persons assembled, or as near to them as can be done with safety, and command them in the name of the state to disperse. Sec. 12.60.190. Arrest on failure to disperse and commanding aid. If the persons assembled do not immediately disperse, the district judges, magistrates, and officers shall arrest them. Any two of the officers mentioned in AS 12.60.180 may command the aid of a sufficient number of persons, armed or otherwise, as may be necessary, and may proceed in the manner as in their judgment may be most expedient to disperse the assembly and arrest the offenders. Sec. 12.60.200. Person refusing to aid officers as rioter. [Repealed, § 21 ch 166 SLA 1978.] Sec. 12.60.210. Officer failing to act is guilty of misdemeanor. If a district judge, magistrate, or officer having notice of an unlawful or riotous assembly, mentioned in AS 12.60.180 , neglects to proceed to the place of assembly, or as near as can be done with safety, and to exercise the authority with which invested for suppressing the same and arresting the offenders, that person is guilty of a misdemeanor. Sec. 12.60.220. Guilt where death ensues. If, in the effort to suppress or disperse any unlawful or riotous assembly, or to arrest or detain any of the persons engaged in the assembly, any of the rioters or other persons then present as spectators or otherwise are killed or wounded, the district judge, magistrate, and officers and persons acting in their aid are guiltless of the killing or wounding. However, if a district judge, magistrate, or officer or person acting in their aid is killed or wounded, all the persons unlawfully engaged in the assembly are guilty of the killing or wounding. Article 4. Rewards. Sec. 12.60.230. Reward for information leading to conviction of certain persons. A reward of $200 shall be paid to any person not a peace officer who lodges information that leads to the arrest and conviction of any person or persons maliciously breaking into and entering any cache, cabin, house, or warehouse, whether occupied or unoccupied, located outside the boundaries of an incorporated town in the state. Sec. 12.60.240. Payment of reward. The Department of Revenue shall pay all claims for rewards upon certificate by a judge or clerk of the superior court, showing that the claimant has lodged information that resulted in an arrest and conviction under the provisions of AS 12.60.230 .