AI-assisted research summary: This provision sets when criminal prosecutions must start and when the limitation period is paused or extended.
Chapter 10. Limitations of Actions. Sec. 12.10.010. General time limitations. (a) Prosecution for the following offenses may be commenced at any time: (1) murder; (2) attempt, solicitation, or conspiracy to commit murder or hindering the prosecution of murder; (3) felony sexual abuse of a minor; (4) sexual assault that is an unclassified, class A, or class B felony or a violation of AS 11.41.425 (a)(2) (4); (5) a violation of AS 11.41.425 , 11.41.427, 11.41.450 11.41.458, AS 11.66.110 11.66.130, or former AS 11.41.430 , when committed against a person who, at the time of the offense, was under 18 years of age; (6) kidnapping; (7) distribution of child sexual abuse material in violation of AS 11.61.125 ; (8) sex trafficking in violation of AS 11.66.110 11.66.130 that is an unclassified, class A, or class B felony or that is committed against a person who, at the time of the offense, was under 20 years of age; (9) human trafficking in violation of AS 11.41.360 or 11.41.365. (b) Except as otherwise provided by law or in (a) of this section, a person may not be prosecuted, tried, or punished for an offense unless the indictment is found or the information or complaint is instituted not later than (1) 10 years after the commission of a felony offense in violation of AS 11.41.120 11.41.330, 11.41.425(a)(1), 11.41.425(a)(5), 11.41.425(a)(6), or 11.41.450 11.41.458; or (2) five years after the commission of any other offense. Sec. 12.10.020. Specific time limitation. (a) Even if the general time limitation has expired, a prosecution for any offense that includes a material element of fraud or breach of fiduciary obligation may be commenced within one year after the discovery of the offense by an aggrieved party or by a person who has legal capacity to represent an aggrieved party or a legal duty to report the offense and who is not a party to the offense, but in no case shall this provision extend the period of limitation otherwise applicable by more than three years. (b) Even if the general time limitation has expired, a prosecution for any offense based upon misconduct in office by a public officer or employee may be commenced within one year after discovery of the offense by a person having a duty to report such offense, but in no case shall this provision extend the period of limitation otherwise applicable by more than three years. (c) [Repealed, § 3 ch 86 SLA 2001.] Sec. 12.10.030. When period of limitation runs. (a) An offense is committed either when every element occurs, or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant's complicity therein is terminated. Time starts to run on the day after the offense is committed. (b) A prosecution is commenced either when an indictment is found or when a warrant is issued, provided that such warrant is executed without unreasonable delay. Sec. 12.10.040. When period of limitation does not run. (a) The period of limitation does not run during any time when the accused, with a purpose to avoid detection, apprehension, or prosecution, is outside the state or is absent from the accused's usual place of abode within the state, but in no case shall this provision extend the period of limitation otherwise applicable by more than three years. (b) The period of limitation does not run during any time when a prosecution against the accused for the same conduct is pending in this state.