Alaska Statutes
Alaska Stat. § 11.31.100 (2026)
Attempt
✓ current as of July 2026
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Sec. 11.31.100. Attempt.
(a) A person is guilty of an attempt to commit a crime if, with intent to commit a crime, the person engages in conduct which constitutes a substantial step toward the commission of that crime.
(b) In a prosecution under this section, it is not a defense that it was factually or legally impossible to commit the crime which was the object of the attempt if the conduct engaged in by the defendant would be a crime had the circumstances been as the defendant believed them to be.
(c) In a prosecution under this section, it is an affirmative defense that the defendant, under circumstances manifesting a voluntary and complete renunciation of the defendant's criminal intent, prevented the commission of the attempted crime.
(d) An attempt is
(1) an unclassified felony if the crime attempted is murder in the first degree;
(2) a class A felony if the crime attempted is an unclassified felony other than murder in the first degree;
(3) a class B felony if the crime attempted is a class A felony;
(4) a class C felony if the crime attempted is a class B felony;
(5) a class A misdemeanor if the crime attempted is a class C felony;
(6) a class B misdemeanor if the crime attempted is a class A or class B misdemeanor.
(e) If the crime attempted is an unclassified crime described in a state law which is not part of this title and no provision for punishment of an attempt to commit the crime is specified, the punishment for the attempt is imprisonment for a term of not more than half the maximum period prescribed as punishment for the unclassified crime, or a fine of not more than half the amount of the maximum fine prescribed as punishment for the unclassified crime, or both. If the crime attempted is punishable by an indeterminate or life term, the attempt is a class A felony.
(a) A person is guilty of an attempt to commit a crime if, with intent to commit a crime, the person engages in conduct which constitutes a substantial step toward the commission of that crime.
(b) In a prosecution under this section, it is not a defense that it was factually or legally impossible to commit the crime which was the object of the attempt if the conduct engaged in by the defendant would be a crime had the circumstances been as the defendant believed them to be.
(c) In a prosecution under this section, it is an affirmative defense that the defendant, under circumstances manifesting a voluntary and complete renunciation of the defendant's criminal intent, prevented the commission of the attempted crime.
(d) An attempt is
(1) an unclassified felony if the crime attempted is murder in the first degree;
(2) a class A felony if the crime attempted is an unclassified felony other than murder in the first degree;
(3) a class B felony if the crime attempted is a class A felony;
(4) a class C felony if the crime attempted is a class B felony;
(5) a class A misdemeanor if the crime attempted is a class C felony;
(6) a class B misdemeanor if the crime attempted is a class A or class B misdemeanor.
(e) If the crime attempted is an unclassified crime described in a state law which is not part of this title and no provision for punishment of an attempt to commit the crime is specified, the punishment for the attempt is imprisonment for a term of not more than half the maximum period prescribed as punishment for the unclassified crime, or a fine of not more than half the amount of the maximum fine prescribed as punishment for the unclassified crime, or both. If the crime attempted is punishable by an indeterminate or life term, the attempt is a class A felony.
Notes of Decisions
Cited in 133
cases (17 in the last 5 years), 1980–2025 · leading case: State, Dept. of Pub. Saf. v. Doe I, 425 P.3d 115 (Alaska 2018).
State, Dept. of Pub. Saf. v. Doe I, 425 P.3d 115 (Alaska 2018). “DPS argues that Doe I’s Washington convictions and Doe II’s California conviction are “similar” to the Alaska offense of attempted sexual abuse of a minor under AS 11.31.100 and AS 11.41.436(a)(2), making both Doe I and * Sitting by assignment made under article IV, section 11…”
Bolhouse v. State, 687 P.2d 1166 (Alaska Ct. App. 1984). “410; AS 11.31.100. Bolhouse was sentenced to consecutive terms of nine years with two years suspended on each count of attempted sexual assault in the first degree.”
Potts v. State, 712 P.2d 385 (Alaska Ct. App. 1986). “410(a)(4) and AS 11.31.100(a). He was also convicted of sexual abuse of a minor (Count II).”
Moore v. State, 123 P.3d 1081 (Alaska Ct. App. 2005). “This episode does not show that communication between Hall and Moore had effectively ceased, or that Hall had lost the ability to objectively evaluate Moore's case and advise him concerning trial strategy.”
Iyapana v. State, 284 P.3d 841 (Alaska Ct. App. 2012). “21 In the context of jury instructions, "an appellate court will only find plain error where the erroneous instruction or lack of instruction 'creates a *848 high likelihood that the jury followed an erroneous theory[,] resulting in a miscarriage of justice' " 22 The term…”
Lindbo v. Colaska, Inc., 414 P.3d 646 (Alaska 2018). “See AS 11.31.100(a) ("A person is guilty of an attempt to commit a crime if, with intent to commit a crime, the person engages in conduct which constitutes a substantial step toward the commission of that crime.”
Guertin v. State, 854 P.2d 1130 (Alaska Ct. App. 1993). “Under AS 11.31.100(a), a person is guilty of an attempt to commit a crime if, with intent to commit a crime, the person engages in conduct which constitutes a substantial step toward the commission of that crime.”
Ward v. State, Dep't of Pub. Saf., 288 P.3d 94 (Alaska 2012). “436(a)(2); AS 11.31.100(d)(4). . Before filing his administrative appeal, Boles appealed to the court of appeals, challenging the stated opinion of his sentencing judge, pro tem Superior Court Judge Donald D.”
Stuart v. State, 698 P.2d 1218 (Alaska Ct. App. 1985). “The more specific statute controls and the general attempt statute, AS 11.31.100, is therefore not applicable to delivery of cocaine.”
Huitt v. State, 678 P.2d 415 (Alaska Ct. App. 1984). “110 and AS 11.31.100, assault in the fourth degree, AS 11.”
Galbraith v. State, 693 P.2d 880 (Alaska Ct. App. 1985). “This is clear from the commentary to AS 11.31.100 which states: With four exceptions, the Code grades attempt one level below the substantive crime, e.”
Ramsey v. State, 56 P.3d 675 (Alaska Ct. App. 2002). “We therefore conclude it is unnecessary for us to address Ramsey's contention that Judge Wood incorrectly relied on his parole eligibility because we are already remanding the case for resen-tencing.”
— Alaska Stat. § 11.31.100(2) — 1 case
Avila v. State, 22 P.3d 890 (Alaska Ct. App. 2001).
— Alaska Stat. § 11.31.100(a) — 61 cases
Potts v. State, 712 P.2d 385 (Alaska Ct. App. 1986). “410(a)(4) and AS 11.31.100(a). He was also convicted of sexual abuse of a minor (Count II).”
Moore v. State, 123 P.3d 1081 (Alaska Ct. App. 2005). “This episode does not show that communication between Hall and Moore had effectively ceased, or that Hall had lost the ability to objectively evaluate Moore's case and advise him concerning trial strategy.”
Guertin v. State, 854 P.2d 1130 (Alaska Ct. App. 1993). “Under AS 11.31.100(a), a person is guilty of an attempt to commit a crime if, with intent to commit a crime, the person engages in conduct which constitutes a substantial step toward the commission of that crime.”
Ramsey v. State, 56 P.3d 675 (Alaska Ct. App. 2002). “We therefore conclude it is unnecessary for us to address Ramsey's contention that Judge Wood incorrectly relied on his parole eligibility because we are already remanding the case for resen-tencing.”
Hart v. State, 702 P.2d 651 (Alaska Ct. App. 1985).
— Alaska Stat. § 11.31.100(a)(1) — 2 cases
MacK v. State, 900 P.2d 1202 (Alaska Ct. App. 1995).
Kelly v. State, 116 P.3d 602 (Alaska Ct. App. 2005).
— Alaska Stat. § 11.31.100(c) — 2 cases
Sergie v. State, 105 P.3d 1150 (Alaska Ct. App. 2005).
Laraby v. State, 710 P.2d 427 (Alaska Ct. App. 1985).
— Alaska Stat. § 11.31.100(d) — 8 cases
Galbraith v. State, 693 P.2d 880 (Alaska Ct. App. 1985). “This is clear from the commentary to AS 11.31.100 which states: With four exceptions, the Code grades attempt one level below the substantive crime, e.”
Laraby v. State, 710 P.2d 427 (Alaska Ct. App. 1985).
Todd v. State, 884 P.2d 668 (Alaska Ct. App. 1995).
Whiting v. State, 191 P.3d 1016 (Alaska Ct. App. 2008).
Reandeau v. State, 265 P.3d 1045 (Alaska Ct. App. 2011).
— Alaska Stat. § 11.31.100(d)(1) — 15 cases
Bolhouse v. State, 687 P.2d 1166 (Alaska Ct. App. 1984). “410; AS 11.31.100. Bolhouse was sentenced to consecutive terms of nine years with two years suspended on each count of attempted sexual assault in the first degree.”
Hastings v. State, 736 P.2d 1157 (Alaska Ct. App. 1987).
Huitt v. State, 678 P.2d 415 (Alaska Ct. App. 1984). “110 and AS 11.31.100, assault in the fourth degree, AS 11.”
Marino v. State, 934 P.2d 1321 (Alaska Ct. App. 1997).
Galbraith v. State, 693 P.2d 880 (Alaska Ct. App. 1985). “This is clear from the commentary to AS 11.31.100 which states: With four exceptions, the Code grades attempt one level below the substantive crime, e.”
— Alaska Stat. § 11.31.100(d)(2) — 10 cases
Bolhouse v. State, 687 P.2d 1166 (Alaska Ct. App. 1984). “410; AS 11.31.100. Bolhouse was sentenced to consecutive terms of nine years with two years suspended on each count of attempted sexual assault in the first degree.”
Edmonds v. State, 118 P.3d 17 (Alaska Ct. App. 2005).
Tazruk v. State, 655 P.2d 788 (Alaska Ct. App. 1982).
Malutin v. State, 198 P.3d 1177 (Alaska Ct. App. 2009).
Active v. State, 153 P.3d 355 (Alaska Ct. App. 2007).
— Alaska Stat. § 11.31.100(d)(3) — 2 cases
Stuart v. State, 698 P.2d 1218 (Alaska Ct. App. 1985). “The more specific statute controls and the general attempt statute, AS 11.31.100, is therefore not applicable to delivery of cocaine.”
Griffin v. State, 9 P.3d 301 (Alaska Ct. App. 2000).
— Alaska Stat. § 11.31.100(d)(4) — 8 cases
Konrad v. State, 763 P.2d 1369 (Alaska Ct. App. 1988).
Ward v. State, Dep't of Pub. Saf., 288 P.3d 94 (Alaska 2012). “436(a)(2); AS 11.31.100(d)(4). . Before filing his administrative appeal, Boles appealed to the court of appeals, challenging the stated opinion of his sentencing judge, pro tem Superior Court Judge Donald D.”
Xeuy Sikeo v. State, 258 P.3d 906 (Alaska Ct. App. 2011).
State of Alaska v. Thomas A. Mayfield, 442 P.3d 794 (Alaska Ct. App. 2019).
Ephamka v. State, 878 P.2d 647 (Alaska Ct. App. 1994).
— Alaska Stat. § 11.31.100(d)(5) — 4 cases
Lindbo v. Colaska, Inc., 414 P.3d 646 (Alaska 2018). “See AS 11.31.100(a) ("A person is guilty of an attempt to commit a crime if, with intent to commit a crime, the person engages in conduct which constitutes a substantial step toward the commission of that crime.”
Ward v. State, Dep't of Pub. Saf., 288 P.3d 94 (Alaska 2012). “436(a)(2); AS 11.31.100(d)(4). . Before filing his administrative appeal, Boles appealed to the court of appeals, challenging the stated opinion of his sentencing judge, pro tem Superior Court Judge Donald D.”
Roussel v. State, 115 P.3d 581 (Alaska Ct. App. 2005).
Aaron J. Fedolfi v. State of Alaska, 456 P.3d 999 (Alaska Ct. App. 2019).
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