Alaska Statutes

Alaska Stat. § 11.41.220 (2026)

Assault in the third degree

✓ current as of July 2026

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Sec. 11.41.220. Assault in the third degree.
(a) A person commits the crime of assault in the third degree if that person
     (1) recklessly
          (A) places another person in fear of imminent serious physical injury by means of a dangerous instrument;

          (B) causes physical injury to another person by means of a dangerous instrument; or

          (C) while being 18 years of age or older,
                (i) causes physical injury to a child under 12 years of age and the injury would cause a reasonable caregiver to seek medical attention from a health care professional in the form of diagnosis or treatment;

                (ii) causes physical injury to a child under 12 years of age on more than one occasion;

     (2) with intent to place another person in fear of death or serious physical injury to the person or the person's family member, makes repeated threats to cause death or serious physical injury to another person;

     (3) while being 18 years of age or older, knowingly causes physical injury to a child under 16 years of age but at least 12 years of age and the injury reasonably requires medical treatment;

     (4) with criminal negligence, causes serious physical injury under AS 11.81.900(b)(60)(B) to another person by means of a dangerous instrument; or

     (5) commits a crime that is a violation of AS 11.41.230(a)(1) or (2) and, within the preceding 10 years, the person was convicted on two or more separate occasions of crimes under
          (A) AS 11.41.100 — 11.41.170;

          (B) AS 11.41.200 — 11.41.220, 11.41.230(a)(1) or (2), 11.41.280, or 11.41.282;

          (C) AS 11.41.260 or 11.41.270;

          (D) AS 11.41.410, 11.41.420, or 11.41.425(a)(1); or

          (E) a law or ordinance of this or another jurisdiction with elements similar to those of an offense described in (A) — (D) of this paragraph.

(b) In a prosecution under (a)(3) of this section, it is an affirmative defense that, at the time of the alleged offense, the defendant reasonably believed the victim to be 16 years of age or older, unless the victim was under 13 years of age at the time of the alleged offense.

(c) In (a)(5) of this section, when considering whether a conviction has occurred in the preceding 10 years, the date that sentence is imposed is the date that a previous conviction has occurred.

(d) In this section, “the person's family member” means
     (1) a spouse, child, grandchild, parent, grandparent, sibling, uncle, aunt, nephew, or niece, of the person, whether related by blood, marriage, or adoption;

     (2) a person who lives or has lived, in a spousal relationship with the person;

     (3) a person who lives in the same household as the person; or

     (4) a person who is a former spouse of the person or is or has been in a dating, courtship, or engagement relationship with the person.

(e) Assault in the third degree is a class C felony.

Notes of Decisions

Cited in 195 cases (35 in the last 5 years), 1982–2025 · leading case: Wells v. State, 102 P.3d 972 (Alaska Ct. App. 2004).

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Wells v. State, 102 P.3d 972 (Alaska Ct. App. 2004). · cites it 13× “State, 4 a decision issued before the enactment of AS 11.41.220(2)(1)(C)(@), one of the appellants was convicted of three counts of criminal nonsupport.”

Byron F. Geisinger v. State of Alaska, State of Alaska v. Byron F. Geisinger, 498 P.3d 92 (Alaska Ct. App. 2021). · cites it 8× “– 16 – 2707 Geisinger’s claim that Spiers was incompetent for failing to seek a jury instruction on the lesser offense of third-degree assault under AS 11.41.220(a)(4) — negligent infliction of serious physical injury by means of a dangerous instrument Geisinger killed one…”

State v. Dunlop, 721 P.2d 604 (Alaska 1986). · cites it 4× “-120, and the criminal assault statute, AS 11.41.220, the legislature expressly sought to punish a person for deaths and assaults caused by reckless behavior.”

Ashenfelter v. State, 988 P.2d 120 (Alaska Ct. App. 1999). · cites it 8× “[9] And of the three forms of second-degree assault defined in AS 11.41.220(a), two likewise require proof that the defendant inflicted serious physical injury.”

Mike Steely Morgan v. State of Alaska, 523 P.3d 1254 (Alaska Ct. App. 2023). · cites it 18× “This offense is generally classified as a class A misdemeanor, but under AS 11.41.220(a)(5), the offense is elevated to third-degree assault, a class C felony, if the defendant has at least two prior convictions, within the previous ten years, for certain enumerated offenses or…”

State v. Contreras, 674 P.2d 792 (Alaska Ct. App. 1983). · cites it 4× “300(a)(1)(C); assault in the third degree, AS 11.41.220; [1] and three counts of sexual assault in the first degree, former AS 11.”

Greywolf v. Carroll, 151 P.3d 1234 (Alaska 2007). · cites it 2× “” The District Attorney’s office sought to indict Greywolf for assault in the third degree under AS 11.41.220. The grand jury heard from Dr.”

Ulak v. State, 238 P.3d 1254 (Alaska Ct. App. 2010). · cites it 6× “The court may allow the State an opportunity to present testimony to corroborate the grandchildren's statements.”

State v. Hernandez, 877 P.2d 1309 (Alaska Ct. App. 1994). · cites it 6× “'s mouth, tongue, and throat, she was convicted of third-degree assault causing physical injury by means of a dangerous instrument in violation of AS 11.41.220(a)(2). 2. The Offender At the time of sentencing, Hernandez was forty-five years of age.”

Hughes v. State, 56 P.3d 1088 (Alaska Ct. App. 2002). · cites it 3× “" Hughes points out that a charge of third-degree assault under AS 11.41.220(a)(1)(A) requires the State to prove that the victim was "place[d] .”

Soundara v. State, 107 P.3d 290 (Alaska Ct. App. 2005). · cites it 3× “) *299 Soundara’s tivo convictions for third-degree assault must merge into one consolidated conviction Soundara was found guilty of third-degree assault under two separate clauses of AS 11.41.220(a). He was convicted under section 220(a)(1)(A) for recklessly placing T.”

Steven Michael Hinshaw v. State of Alaska, 515 P.3d 129 (Alaska Ct. App. 2022). · cites it 3× “15 AS 11.41.220(a)(1)(A) & AS 11.16.110. 16 AS 11.”

Show all 195 citing cases →

— Alaska Stat. § 11.41.220(2)(1)(B) — 1 case

ALEXIE v. State, 229 P.3d 217 (Alaska Ct. App. 2010).

— Alaska Stat. § 11.41.220(2)(1)(C) — 1 case

Wells v. State, 102 P.3d 972 (Alaska Ct. App. 2004). “State, 4 a decision issued before the enactment of AS 11.41.220(2)(1)(C)(@), one of the appellants was convicted of three counts of criminal nonsupport.”

— Alaska Stat. § 11.41.220(a) — 19 cases

Soundara v. State, 107 P.3d 290 (Alaska Ct. App. 2005). “) *299 Soundara’s tivo convictions for third-degree assault must merge into one consolidated conviction Soundara was found guilty of third-degree assault under two separate clauses of AS 11.41.220(a). He was convicted under section 220(a)(1)(A) for recklessly placing T.”

Ashenfelter v. State, 988 P.2d 120 (Alaska Ct. App. 1999). “[9] And of the three forms of second-degree assault defined in AS 11.41.220(a), two likewise require proof that the defendant inflicted serious physical injury.”

Petersen v. State, 930 P.2d 414 (Alaska Ct. App. 1996).

Brant v. State, 992 P.2d 590 (Alaska Ct. App. 1999).

Hurd v. State, 22 P.3d 12 (Alaska Ct. App. 2001).

— Alaska Stat. § 11.41.220(a)(1) — 33 cases

Dawson v. State, 264 P.3d 851 (Alaska Ct. App. 2011).

Simmons v. State, Dept. of Corr., 426 P.3d 1011 (Alaska 2018).

Todd v. State, 884 P.2d 668 (Alaska Ct. App. 1995).

Betzner v. State, 768 P.2d 1150 (Alaska Ct. App. 1989).

McCoy v. State, 59 P.3d 747 (Alaska Ct. App. 2002).

— Alaska Stat. § 11.41.220(a)(1)(4) — 1 case

Yi v. Yang, 282 P.3d 340 (Alaska 2012).

— Alaska Stat. § 11.41.220(a)(1)(8) — 2 cases

Lapp v. State, 220 P.3d 534 (Alaska Ct. App. 2009).

Nelson v. State, 68 P.3d 402 (Alaska Ct. App. 2003).

— Alaska Stat. § 11.41.220(a)(1)(A) — 58 cases

Hughes v. State, 56 P.3d 1088 (Alaska Ct. App. 2002). “" Hughes points out that a charge of third-degree assault under AS 11.41.220(a)(1)(A) requires the State to prove that the victim was "place[d] .”

Steven Michael Hinshaw v. State of Alaska, 515 P.3d 129 (Alaska Ct. App. 2022). “15 AS 11.41.220(a)(1)(A) & AS 11.16.110. 16 AS 11.”

Palmer v. State, 379 P.3d 981 (Alaska Ct. App. 2016).

Cathey v. State, 60 P.3d 192 (Alaska Ct. App. 2002).

Riley v. State, 60 P.3d 204 (Alaska Ct. App. 2002).

— Alaska Stat. § 11.41.220(a)(1)(B) — 23 cases

Ashenfelter v. State, 988 P.2d 120 (Alaska Ct. App. 1999). “[9] And of the three forms of second-degree assault defined in AS 11.41.220(a), two likewise require proof that the defendant inflicted serious physical injury.”

Arlene Tripp & Jack Tripp v. City & Borough of Juneau, Derek Bos, & Juneau Police Dep't, 563 P.3d 17 (Alaska 2025).

Tofelogo v. State, 408 P.3d 1215 (Alaska Ct. App. 2017).

State v. Fortuny, 42 P.3d 1147 (Alaska Ct. App. 2002).

State v. Tofelogo, 444 P.3d 151 (Alaska 2019).

— Alaska Stat. § 11.41.220(a)(1)(C) — 3 cases

Wells v. State, 102 P.3d 972 (Alaska Ct. App. 2004). “State, 4 a decision issued before the enactment of AS 11.41.220(2)(1)(C)(@), one of the appellants was convicted of three counts of criminal nonsupport.”

Ulak v. State, 238 P.3d 1254 (Alaska Ct. App. 2010). “The court may allow the State an opportunity to present testimony to corroborate the grandchildren's statements.”

Greinier v. State, 23 P.3d 1192 (Alaska Ct. App. 2001).

— Alaska Stat. § 11.41.220(a)(1)(C)(i) — 2 cases

Wells v. State, 102 P.3d 972 (Alaska Ct. App. 2004). “State, 4 a decision issued before the enactment of AS 11.41.220(2)(1)(C)(@), one of the appellants was convicted of three counts of criminal nonsupport.”

State of Alaska, Dep't of Fam. & Cmty. Servs., Off. of Child.'s Servs. v. Karlie T. & Gino H., 538 P.3d 723 (Alaska 2023).

— Alaska Stat. § 11.41.220(a)(1)(C)(if) — 1 case

Ulak v. State, 238 P.3d 1254 (Alaska Ct. App. 2010). “The court may allow the State an opportunity to present testimony to corroborate the grandchildren's statements.”

— Alaska Stat. § 11.41.220(a)(1)(C)(ii) — 1 case

Ulak v. State, 238 P.3d 1254 (Alaska Ct. App. 2010). “The court may allow the State an opportunity to present testimony to corroborate the grandchildren's statements.”

— Alaska Stat. § 11.41.220(a)(1)(c)(i) — 1 case

Derek James Saclamana v. State of Alaska, 556 P.3d 1205 (Alaska Ct. App. 2024).

— Alaska Stat. § 11.41.220(a)(2) — 21 cases

State v. Dunlop, 721 P.2d 604 (Alaska 1986). “-120, and the criminal assault statute, AS 11.41.220, the legislature expressly sought to punish a person for deaths and assaults caused by reckless behavior.”

Powell v. State, 12 P.3d 1187 (Alaska Ct. App. 2000).

State v. Hernandez, 877 P.2d 1309 (Alaska Ct. App. 1994). “'s mouth, tongue, and throat, she was convicted of third-degree assault causing physical injury by means of a dangerous instrument in violation of AS 11.41.220(a)(2). 2. The Offender At the time of sentencing, Hernandez was forty-five years of age.”

Greywolf v. Carroll, 151 P.3d 1234 (Alaska 2007). “” The District Attorney’s office sought to indict Greywolf for assault in the third degree under AS 11.41.220. The grand jury heard from Dr.”

Konrad v. State, 763 P.2d 1369 (Alaska Ct. App. 1988).

— Alaska Stat. § 11.41.220(a)(3) — 1 case

Aaron K. Williams v. State of Alaska, 486 P.3d 1134 (Alaska Ct. App. 2021).

— Alaska Stat. § 11.41.220(a)(4) — 2 cases

Byron F. Geisinger v. State of Alaska, State of Alaska v. Byron F. Geisinger, 498 P.3d 92 (Alaska Ct. App. 2021). “– 16 – 2707 Geisinger’s claim that Spiers was incompetent for failing to seek a jury instruction on the lesser offense of third-degree assault under AS 11.41.220(a)(4) — negligent infliction of serious physical injury by means of a dangerous instrument Geisinger killed one…”

Sitigata v. State, 280 P.3d 595 (Alaska Ct. App. 2012).

— Alaska Stat. § 11.41.220(a)(5) — 15 cases

Mike Steely Morgan v. State of Alaska, 523 P.3d 1254 (Alaska Ct. App. 2023). “This offense is generally classified as a class A misdemeanor, but under AS 11.41.220(a)(5), the offense is elevated to third-degree assault, a class C felony, if the defendant has at least two prior convictions, within the previous ten years, for certain enumerated offenses or…”

Inga v. State, 440 P.3d 345 (Alaska Ct. App. 2019).

Charles Fenning Akelkok v. State of Alaska, 475 P.3d 1136 (Alaska Ct. App. 2020).

State v. Pete, 351 P.3d 346 (Alaska Ct. App. 2015).

Derek James Saclamana v. State of Alaska, 556 P.3d 1205 (Alaska Ct. App. 2024).

— Alaska Stat. § 11.41.220(a)(5)(B) — 1 case

State of Alaska v. Francis P. Azzarella, 483 P.3d 904 (Alaska Ct. App. 2021).

— Alaska Stat. § 11.41.220(a)(d) — 1 case

Sitigata v. State, 280 P.3d 595 (Alaska Ct. App. 2012).

— Alaska Stat. § 11.41.220(a)(l) — 1 case

State v. Waskey, 834 P.2d 1251 (Alaska Ct. App. 1992).

— Alaska Stat. § 11.41.220(b) — 3 cases

State v. Hernandez, 877 P.2d 1309 (Alaska Ct. App. 1994). “'s mouth, tongue, and throat, she was convicted of third-degree assault causing physical injury by means of a dangerous instrument in violation of AS 11.41.220(a)(2). 2. The Offender At the time of sentencing, Hernandez was forty-five years of age.”

Witt v. State, 725 P.2d 723 (Alaska Ct. App. 1986).

Lee v. State, 760 P.2d 1039 (Alaska Ct. App. 1988).

— Alaska Stat. § 11.41.220(d) — 13 cases

MacDonald v. Riggs, 166 P.3d 12 (Alaska 2007).

Milligrock v. State, 118 P.3d 11 (Alaska Ct. App. 2005).

Hurd v. State, 107 P.3d 314 (Alaska Ct. App. 2005).

Greist v. State, 121 P.3d 811 (Alaska Ct. App. 2005).

Lockuk v. State, 153 P.3d 1012 (Alaska Ct. App. 2007).

— Alaska Stat. § 11.41.220(e) — 4 cases

Cleveland v. State, 258 P.3d 878 (Alaska Ct. App. 2011).

Lamkin v. State, 244 P.3d 540 (Alaska Ct. App. 2010).

Lege v. City of Ketchikan, Alaska (D. Alaska 2021).

Richards v. State, 249 P.3d 303 (Alaska Ct. App. 2011).

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