Alaska Statutes
Alaska Stat. § 11.41.100 (2026)
Murder in the first degree
✓ current as of July 2026
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Sec. 11.41.100. Murder in the first degree.
(a) A person commits the crime of murder in the first degree if
(1) with intent to cause the death of another person, the person
(A) causes the death of any person; or
(B) compels or induces any person to commit suicide through duress or deception;
(2) the person knowingly engages in conduct directed toward a child under the age of 16 and the person with criminal negligence inflicts serious physical injury on the child by at least two separate acts, and one of the acts results in the death of the child;
(3) acting alone or with one or more persons, the person commits or attempts to commit a sexual offense against or kidnapping of a child under 16 years of age and, in the course of or in furtherance of the offense or in immediate flight from that offense, any person causes the death of the child; in this paragraph, “sexual offense” means an offense defined in AS 11.41.410 — 11.41.470;
(4) acting alone or with one or more persons, the person commits or attempts to commit criminal mischief in the first degree under AS 11.46.475 and, in the course of or in furtherance of the offense or in immediate flight from that offense, any person causes the death of a person other than one of the participants; or
(5) acting alone or with one or more persons, the person commits terroristic threatening in the first degree under AS 11.56.807 and, in the course of or in furtherance of the offense or in immediate flight from that offense, any person causes the death of a person other than one of the participants.
(b) Murder in the first degree is an unclassified felony and is punishable as provided in AS 12.55.
(a) A person commits the crime of murder in the first degree if
(1) with intent to cause the death of another person, the person
(A) causes the death of any person; or
(B) compels or induces any person to commit suicide through duress or deception;
(2) the person knowingly engages in conduct directed toward a child under the age of 16 and the person with criminal negligence inflicts serious physical injury on the child by at least two separate acts, and one of the acts results in the death of the child;
(3) acting alone or with one or more persons, the person commits or attempts to commit a sexual offense against or kidnapping of a child under 16 years of age and, in the course of or in furtherance of the offense or in immediate flight from that offense, any person causes the death of the child; in this paragraph, “sexual offense” means an offense defined in AS 11.41.410 — 11.41.470;
(4) acting alone or with one or more persons, the person commits or attempts to commit criminal mischief in the first degree under AS 11.46.475 and, in the course of or in furtherance of the offense or in immediate flight from that offense, any person causes the death of a person other than one of the participants; or
(5) acting alone or with one or more persons, the person commits terroristic threatening in the first degree under AS 11.56.807 and, in the course of or in furtherance of the offense or in immediate flight from that offense, any person causes the death of a person other than one of the participants.
(b) Murder in the first degree is an unclassified felony and is punishable as provided in AS 12.55.
Notes of Decisions
Cited in 164
cases (23 in the last 5 years), 1980–2026 · leading case: Doe v. State, 189 P.3d 999 (Alaska 2008).
Doe v. State, 189 P.3d 999 (Alaska 2008). “ASORA defines "sex offense" as follows: (6) "sex offense" means (A) a crime under AS 11.41.100(a)(3), or a similar law of another jurisdiction, in which the person committed or attempted to commit a sexual offense, or a similar offense under the laws of the other jurisdiction;…”
State of Iowa v. Keyon Harrison, 914 N.W.2d 178 (Iowa 2018). “Code § 13A-6-2 (Westlaw through Act 2018–579) (classifying felony murder as first-degree murder and codifying the punishment for juvenile offenders who commit murder to be either life imprisonment without parole or life); Alaska Stat. Ann. § 11.41.100 (a)(2)–(5) (West, Westlaw…”
Doe v. State, Dep't of Pub. Saf., 92 P.3d 398 (Alaska 2004). “ASORA defines "sex offense" as follows: (6) "sex offense" means (A) a crime under AS 11.41.100(a)(3), or a similar law of another jurisdiction, in which the person committed or attempted to commit a sexual offense, or a similar offense under the laws of the other jurisdiction;…”
Ramsey v. State, 56 P.3d 675 (Alaska Ct. App. 2002). “The plain language of AS 11.41.100 imputes criminal liability to anyone who, with the intent to cause death, causes death.”
Dandova v. State, 72 P.3d 325 (Alaska Ct. App. 2003). “4 Anyone who engages in life-threatening conduct with the requisite culpable mental state for attempted murder-intent to kill-is necessarily guilty of an attempt to commit first-degree murder as defined in AS 11.41.100(@2)(1)(A). Thus, the crime of "attempted second-degree…”
Jerry B. v. Sally B., 377 P.3d 916 (Alaska 2016). “100(6)(A) (" '[Slexual offense' has the meaning given in AS 11.41.100(@a)(3)."); AS 11.41.100(a)(3) (" '[Slexual offense' means an offense defined in AS 11.”
In Re Est. of Blodgett, 147 P.3d 702 (Alaska 2006). “[14] The amended statute on its face applied to homicides covered in AS 11.41.100 to .140 [15] that is, including criminally negligent homicide.”
John Doe v. Dep't of Pub. Saf., 444 P.3d 116 (Alaska 2019). “100(7)(A), (B) ; AS 11.41.100(a)(3) ; AS 11.41.110(a)(3). AS 12.”
Neitzel v. State, 655 P.2d 325 (Alaska Ct. App. 1982). “Intentional murder (and inducing suicide) is first degree murder, AS 11.41.100, while homicide resulting from an intent to cause serious physical injury or knowledge that the actor’s conduct is substantially certain to cause death or serious physical injury is second degree…”
Steven Michael Hinshaw v. State of Alaska, 515 P.3d 129 (Alaska Ct. App. 2022). “16 At trial, the jury acquitted Hinshaw of the murder charges but convicted him of the lesser 12 AS 11.41.100(a)(1)(A). 13 AS 11.41.110(a)(1)-(2) & AS 11.”
Malloy v. State, 1 P.3d 1266 (Alaska Ct. App. 2000). “125(a) deals purely with the penalties for first-degree murder; the crime itself is separately defined in AS 11.41.100(@). Based on this distinction, the State argues that AS 12.”
Luch v. State, 413 P.3d 1224 (Alaska Ct. App. 2018). “This statute declares that heat of passion is a partial defense to two types of murder: • a homicide charged under AS 11.41.100(a)(1)(A) - i.e. , an intentional killing that would otherwise be first-degree murder, or • a homicide charged under AS 11.”
— Alaska Stat. § 11.41.100(a) — 11 cases
Malloy v. State, 1 P.3d 1266 (Alaska Ct. App. 2000). “125(a) deals purely with the penalties for first-degree murder; the crime itself is separately defined in AS 11.41.100(@). Based on this distinction, the State argues that AS 12.”
Cole v. State, 72 P.3d 322 (Alaska Ct. App. 2003).
Bates v. State, 258 P.3d 851 (Alaska Ct. App. 2011).
Lewis v. State, 731 P.2d 68 (Alaska Ct. App. 1987).
Mathis v. State, 778 P.2d 1161 (Alaska Ct. App. 1989).
— Alaska Stat. § 11.41.100(a)(1) — 55 cases
Ridgely v. State, 705 P.2d 924 (Alaska Ct. App. 1985).
Abruska v. State, 705 P.2d 1261 (Alaska Ct. App. 1985).
Riley v. State, 60 P.3d 204 (Alaska Ct. App. 2002).
Neitzel v. State, 655 P.2d 325 (Alaska Ct. App. 1982). “Intentional murder (and inducing suicide) is first degree murder, AS 11.41.100, while homicide resulting from an intent to cause serious physical injury or knowledge that the actor’s conduct is substantially certain to cause death or serious physical injury is second degree…”
Smithart v. State, 946 P.2d 1264 (Alaska Ct. App. 1997).
— Alaska Stat. § 11.41.100(a)(1)(A) — 60 cases
Dandova v. State, 72 P.3d 325 (Alaska Ct. App. 2003). “4 Anyone who engages in life-threatening conduct with the requisite culpable mental state for attempted murder-intent to kill-is necessarily guilty of an attempt to commit first-degree murder as defined in AS 11.41.100(@2)(1)(A). Thus, the crime of "attempted second-degree…”
Steven Michael Hinshaw v. State of Alaska, 515 P.3d 129 (Alaska Ct. App. 2022). “16 At trial, the jury acquitted Hinshaw of the murder charges but convicted him of the lesser 12 AS 11.41.100(a)(1)(A). 13 AS 11.41.110(a)(1)-(2) & AS 11.”
Luch v. State, 413 P.3d 1224 (Alaska Ct. App. 2018). “This statute declares that heat of passion is a partial defense to two types of murder: • a homicide charged under AS 11.41.100(a)(1)(A) - i.e. , an intentional killing that would otherwise be first-degree murder, or • a homicide charged under AS 11.”
Rogers v. State, 280 P.3d 582 (Alaska Ct. App. 2012).
Xi Van Ha v. State, 892 P.2d 184 (Alaska Ct. App. 1995).
— Alaska Stat. § 11.41.100(a)(1)(A4) — 1 case
State v. Batts, 195 P.3d 144 (Alaska Ct. App. 2008).
— Alaska Stat. § 11.41.100(a)(3) — 6 cases
Doe v. State, 189 P.3d 999 (Alaska 2008). “ASORA defines "sex offense" as follows: (6) "sex offense" means (A) a crime under AS 11.41.100(a)(3), or a similar law of another jurisdiction, in which the person committed or attempted to commit a sexual offense, or a similar offense under the laws of the other jurisdiction;…”
Doe v. State, Dep't of Pub. Saf., 92 P.3d 398 (Alaska 2004). “ASORA defines "sex offense" as follows: (6) "sex offense" means (A) a crime under AS 11.41.100(a)(3), or a similar law of another jurisdiction, in which the person committed or attempted to commit a sexual offense, or a similar offense under the laws of the other jurisdiction;…”
John Doe v. Dep't of Pub. Saf., 444 P.3d 116 (Alaska 2019). “100(7)(A), (B) ; AS 11.41.100(a)(3) ; AS 11.41.110(a)(3). AS 12.”
Jerry B. v. Sally B., 377 P.3d 916 (Alaska 2016). “100(6)(A) (" '[Slexual offense' has the meaning given in AS 11.41.100(@a)(3)."); AS 11.41.100(a)(3) (" '[Slexual offense' means an offense defined in AS 11.”
Lawson v. State, 264 P.3d 590 (Alaska Ct. App. 2011).
— Alaska Stat. § 11.41.100(b) — 6 cases
Noyakuk v. State, 127 P.3d 856 (Alaska Ct. App. 2006).
Staael v. State, 697 P.2d 1050 (Alaska Ct. App. 1985).
Marino v. State, 934 P.2d 1321 (Alaska Ct. App. 1997).
Nelson v. State, 874 P.2d 298 (Alaska Ct. App. 1994).
C.D., a Minor v. State of Alaska, 458 P.3d 81 (Alaska 2020).
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