Alaska Statutes
Alaska Stat. § 11.41.110 (2026)
Murder in the second degree
✓ current as of July 2026
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Sec. 11.41.110. Murder in the second degree.
(a) A person commits the crime of murder in the second degree if
(1) with intent to cause serious physical injury to another person or knowing that the conduct is substantially certain to cause death or serious physical injury to another person, the person causes the death of any person;
(2) the person knowingly engages in conduct that results in the death of another person under circumstances manifesting an extreme indifference to the value of human life;
(3) under circumstances not amounting to murder in the first degree under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the person commits or attempts to commit arson in the first degree, kidnapping, sexual assault in the first degree, sexual assault in the second degree, sexual abuse of a minor in the first degree, sexual abuse of a minor in the second degree, burglary in the first degree, escape in the first or second degree, robbery in any degree, or misconduct involving a controlled substance under AS 11.71.010(a), 11.71.021(a), 11.71.030(a)(2) or (9), or 11.71.040(a)(1) or (2) and, in the course of or in furtherance of that crime or in immediate flight from that crime, any person causes the death of a person other than one of the participants;
(4) acting with a criminal street gang, the person commits or attempts to commit a crime that is a felony and, in the course of or in furtherance of that crime or in immediate flight from that crime, any person causes the death of a person other than one of the participants;
(5) the person with criminal negligence causes the death of a child under the age of 16, and the person has been previously convicted of a crime involving a child under the age of 16 that was
(A) a felony violation of AS 11.41;
(B) in violation of a law or ordinance in another jurisdiction with elements similar to a felony under AS 11.41; or
(C) an attempt, a solicitation, or a conspiracy to commit a crime listed in (A) or (B) of this paragraph; or
(6) the person knowingly manufactures or delivers a controlled substance in violation of AS 11.71.010 or 11.71.021, and another person dies as a direct result of ingestion of the controlled substance; the death is a result that does not require a culpable mental state.
(b) In a prosecution for murder in the second degree under (a)(6) of this section, it is an affirmative defense that reduces the crime to a class A felony that, at the time of the offense,
(1) the defendant sought, in good faith, medical or law enforcement assistance for the other person;
(2) the defendant remained at the scene with the other person until medical or law enforcement assistance arrived;
(3) the defendant cooperated with medical or law enforcement personnel, including by providing identification; and
(4) the offense involved small quantities of a controlled substance that were not delivered for a profit.
(c) Except as provided in (c) of this section, murder in the second degree is an unclassified felony and is punishable as provided in AS 12.55.
(a) A person commits the crime of murder in the second degree if
(1) with intent to cause serious physical injury to another person or knowing that the conduct is substantially certain to cause death or serious physical injury to another person, the person causes the death of any person;
(2) the person knowingly engages in conduct that results in the death of another person under circumstances manifesting an extreme indifference to the value of human life;
(3) under circumstances not amounting to murder in the first degree under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the person commits or attempts to commit arson in the first degree, kidnapping, sexual assault in the first degree, sexual assault in the second degree, sexual abuse of a minor in the first degree, sexual abuse of a minor in the second degree, burglary in the first degree, escape in the first or second degree, robbery in any degree, or misconduct involving a controlled substance under AS 11.71.010(a), 11.71.021(a), 11.71.030(a)(2) or (9), or 11.71.040(a)(1) or (2) and, in the course of or in furtherance of that crime or in immediate flight from that crime, any person causes the death of a person other than one of the participants;
(4) acting with a criminal street gang, the person commits or attempts to commit a crime that is a felony and, in the course of or in furtherance of that crime or in immediate flight from that crime, any person causes the death of a person other than one of the participants;
(5) the person with criminal negligence causes the death of a child under the age of 16, and the person has been previously convicted of a crime involving a child under the age of 16 that was
(A) a felony violation of AS 11.41;
(B) in violation of a law or ordinance in another jurisdiction with elements similar to a felony under AS 11.41; or
(C) an attempt, a solicitation, or a conspiracy to commit a crime listed in (A) or (B) of this paragraph; or
(6) the person knowingly manufactures or delivers a controlled substance in violation of AS 11.71.010 or 11.71.021, and another person dies as a direct result of ingestion of the controlled substance; the death is a result that does not require a culpable mental state.
(b) In a prosecution for murder in the second degree under (a)(6) of this section, it is an affirmative defense that reduces the crime to a class A felony that, at the time of the offense,
(1) the defendant sought, in good faith, medical or law enforcement assistance for the other person;
(2) the defendant remained at the scene with the other person until medical or law enforcement assistance arrived;
(3) the defendant cooperated with medical or law enforcement personnel, including by providing identification; and
(4) the offense involved small quantities of a controlled substance that were not delivered for a profit.
(c) Except as provided in (c) of this section, murder in the second degree is an unclassified felony and is punishable as provided in AS 12.55.
Notes of Decisions
Cited in 138
cases (15 in the last 5 years), 1980–2026 · leading case: Abruska v. State, 705 P.2d 1261 (Alaska Ct. App. 1985).
Abruska v. State, 705 P.2d 1261 (Alaska Ct. App. 1985). “AS 11.41.110(a)(1). He received a ninety-nine year sentence.”
Jeffries v. State, 169 P.3d 913 (Alaska 2007). “A jury convicted him of second-degree murder under AS 11.41.110. The court of appeals affirmed.”
Neitzel v. State, 655 P.2d 325 (Alaska Ct. App. 1982). “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 murder, AS 11.41.110(a)(1). Felony murder is carried over from the Tentative…”
Pears v. State, 698 P.2d 1198 (Alaska 1985). “Under AS 11.41.110 an unintentional homicide caused by reckless behavior can be second degree murder if the reckless conduct manifests "an extreme indifference to the value of human life.”
Doe v. State, 189 P.3d 999 (Alaska 2008). “100(a)(3); (B) a crime under AS 11.41.110(a)(3), or a similar law of another jurisdiction, in which the person committed or attempted to commit one of the following crimes, or a similar law of another jurisdiction: (i) sexual assault in the first degree; (ii) sexual assault in…”
Carlson v. State, 128 P.3d 197 (Alaska Ct. App. 2006). “Carlson's argument is based on a mixing-up of the legislative commentaries to subsections (a)(1) and (a)(2) of AS 11.41.110. Subsection (a)(1) of the statute declares that a person commits second-degree murder if, "[acting] with intent to cause serious physical injury to another…”
Todd v. State, 884 P.2d 668 (Alaska Ct. App. 1995). “The drafters of Alaska’s current criminal code wrote the second-degree murder statute, AS 11.41.110(a), to single out certain types of unintentional homicide that would have been manslaughter under prior law, changing the classification of these homicides *683 to murder.”
Todd v. State, 917 P.2d 674 (Alaska 1996). “Nothing in this subsection precludes a prosecution for or conviction of murder in the first degree or murder in the second degree under AS 11.41.110(a)(1) or (2) or of any other crime, including manslaughter or burglary.”
Phillips v. State, 70 P.3d 1128 (Alaska Ct. App. 2003). “2d at 765-66 , AS 11.41.110(a). 25 . Gustafson, 854 P.2d at 766 .”
Morrell v. State, 216 P.3d 574 (Alaska Ct. App. 2009). “Morrell has not shown that the trial court abused its discretion by allowing the evidence of marijuana possession and use.”
Pears v. State, 672 P.2d 903 (Alaska Ct. App. 1983). “The second degree murder statute under which Pears was charged, AS 11.41.110(a)(2), provides: A person commits the crime of murder in the second degree if (2) he intentionally performs an act that results in the death of another person under circumstances manifesting an extreme…”
United States v. Scott, 990 F.3d 94 (2d Cir. 2021). “In any event, the government submits that 38 The 20 states penalizing such conduct as murder do so under statutes proscribing either what Professor LaFave refers to as “intent-to-do-serious-bodily- injury” murder, 2 LaFave § 14.”
— Alaska Stat. § 11.41.110(2) — 2 cases
Carlson v. State, 128 P.3d 197 (Alaska Ct. App. 2006). “Carlson's argument is based on a mixing-up of the legislative commentaries to subsections (a)(1) and (a)(2) of AS 11.41.110. Subsection (a)(1) of the statute declares that a person commits second-degree murder if, "[acting] with intent to cause serious physical injury to another…”
Jeffries v. State, 169 P.3d 913 (Alaska 2007). “A jury convicted him of second-degree murder under AS 11.41.110. The court of appeals affirmed.”
— Alaska Stat. § 11.41.110(2)(1) — 1 case
Dandova v. State, 72 P.3d 325 (Alaska Ct. App. 2003).
— Alaska Stat. § 11.41.110(a) — 16 cases
Pears v. State, 698 P.2d 1198 (Alaska 1985). “Under AS 11.41.110 an unintentional homicide caused by reckless behavior can be second degree murder if the reckless conduct manifests "an extreme indifference to the value of human life.”
Allen v. State, 945 P.2d 1233 (Alaska Ct. App. 1997).
Phillips v. State, 70 P.3d 1128 (Alaska Ct. App. 2003). “2d at 765-66 , AS 11.41.110(a). 25 . Gustafson, 854 P.2d at 766 .”
Hurn v. State, 872 P.2d 189 (Alaska Ct. App. 1994).
Martin v. State, 664 P.2d 612 (Alaska Ct. App. 1983).
— Alaska Stat. § 11.41.110(a)(1) — 43 cases
Abruska v. State, 705 P.2d 1261 (Alaska Ct. App. 1985). “AS 11.41.110(a)(1). He received a ninety-nine year sentence.”
Neitzel v. State, 655 P.2d 325 (Alaska Ct. App. 1982). “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 murder, AS 11.41.110(a)(1). Felony murder is carried over from the Tentative…”
Xi Van Ha v. State, 892 P.2d 184 (Alaska Ct. App. 1995).
Steven Michael Hinshaw v. State of Alaska, 515 P.3d 129 (Alaska Ct. App. 2022).
Luch v. State, 413 P.3d 1224 (Alaska Ct. App. 2018).
— Alaska Stat. § 11.41.110(a)(2) — 46 cases
Neitzel v. State, 655 P.2d 325 (Alaska Ct. App. 1982). “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 murder, AS 11.41.110(a)(1). Felony murder is carried over from the Tentative…”
Jeffries v. State, 169 P.3d 913 (Alaska 2007). “A jury convicted him of second-degree murder under AS 11.41.110. The court of appeals affirmed.”
Pears v. State, 698 P.2d 1198 (Alaska 1985). “Under AS 11.41.110 an unintentional homicide caused by reckless behavior can be second degree murder if the reckless conduct manifests "an extreme indifference to the value of human life.”
Abruska v. State, 705 P.2d 1261 (Alaska Ct. App. 1985). “AS 11.41.110(a)(1). He received a ninety-nine year sentence.”
Carlson v. State, 128 P.3d 197 (Alaska Ct. App. 2006). “Carlson's argument is based on a mixing-up of the legislative commentaries to subsections (a)(1) and (a)(2) of AS 11.41.110. Subsection (a)(1) of the statute declares that a person commits second-degree murder if, "[acting] with intent to cause serious physical injury to another…”
— Alaska Stat. § 11.41.110(a)(3) — 20 cases
Doe v. State, 189 P.3d 999 (Alaska 2008). “100(a)(3); (B) a crime under AS 11.41.110(a)(3), or a similar law of another jurisdiction, in which the person committed or attempted to commit one of the following crimes, or a similar law of another jurisdiction: (i) sexual assault in the first degree; (ii) sexual assault in…”
Todd v. State, 917 P.2d 674 (Alaska 1996). “Nothing in this subsection precludes a prosecution for or conviction of murder in the first degree or murder in the second degree under AS 11.41.110(a)(1) or (2) or of any other crime, including manslaughter or burglary.”
Todd v. State, 884 P.2d 668 (Alaska Ct. App. 1995). “The drafters of Alaska’s current criminal code wrote the second-degree murder statute, AS 11.41.110(a), to single out certain types of unintentional homicide that would have been manslaughter under prior law, changing the classification of these homicides *683 to murder.”
Doe v. State, Dep't of Pub. Saf., 92 P.3d 398 (Alaska 2004).
Hansen v. State, 845 P.2d 449 (Alaska Ct. App. 1993).
— Alaska Stat. § 11.41.110(a)(5)(C) — 1 case
James Buster Bowen v. State of Alaska (Alaska Ct. App. 2023).
— Alaska Stat. § 11.41.110(a)(l) — 1 case
Rossiter v. State, 404 P.3d 223 (Alaska Ct. App. 2017).
— Alaska Stat. § 11.41.110(a2) — 1 case
Carlson v. State, 128 P.3d 197 (Alaska Ct. App. 2006). “Carlson's argument is based on a mixing-up of the legislative commentaries to subsections (a)(1) and (a)(2) of AS 11.41.110. Subsection (a)(1) of the statute declares that a person commits second-degree murder if, "[acting] with intent to cause serious physical injury to another…”
— Alaska Stat. § 11.41.110(b) — 14 cases
Abruska v. State, 705 P.2d 1261 (Alaska Ct. App. 1985). “AS 11.41.110(a)(1). He received a ninety-nine year sentence.”
Carlson v. State, 128 P.3d 197 (Alaska Ct. App. 2006). “Carlson's argument is based on a mixing-up of the legislative commentaries to subsections (a)(1) and (a)(2) of AS 11.41.110. Subsection (a)(1) of the statute declares that a person commits second-degree murder if, "[acting] with intent to cause serious physical injury to another…”
Phillips v. State, 70 P.3d 1128 (Alaska Ct. App. 2003). “2d at 765-66 , AS 11.41.110(a). 25 . Gustafson, 854 P.2d at 766 .”
Norris v. State, 857 P.2d 349 (Alaska Ct. App. 1993).
Hurn v. State, 872 P.2d 189 (Alaska Ct. App. 1994).
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