Alaska Statutes
Alaska Stat. § 11.41.260 (2026)
Stalking in the first degree
✓ current as of July 2026
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Sec. 11.41.260. Stalking in the first degree.
(a) A person commits the crime of stalking in the first degree if the person violates AS 11.41.270 and
(1) the actions constituting the offense are in violation of an order issued or filed under AS 18.65.850 — 18.65.870 or AS 18.66.100 — 18.66.180 or issued under former AS 25.35.010(b) or 25.35.020;
(2) the actions constituting the offense are in violation of a condition of probation, release before trial, release after conviction, or parole;
(3) the victim is under 16 years of age;
(4) at any time during the course of conduct constituting the offense, the defendant possessed a deadly weapon;
(5) the defendant has been previously convicted of a crime under this section, AS 11.41.270, or AS 11.56.740, or a law or ordinance of this or another jurisdiction with elements similar to a crime under this section, AS 11.41.270, or AS 11.56.740; or
(6) the defendant has been previously convicted of a crime, or an attempt or solicitation to commit a crime, under (A) AS 11.41.100 — 11.41.250, 11.41.300 — 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, 11.61.120, or (B) a law or an ordinance of this or another jurisdiction with elements similar to a crime, or an attempt or solicitation to commit a crime, under AS 11.41.100 — 11.41.250, 11.41.300 — 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, or 11.61.120, involving the same victim as the present offense.
(b) In this section, “course of conduct” and “victim” have the meanings given in AS 11.41.270(b).
(c) Stalking in the first degree is a class C felony.
(a) A person commits the crime of stalking in the first degree if the person violates AS 11.41.270 and
(1) the actions constituting the offense are in violation of an order issued or filed under AS 18.65.850 — 18.65.870 or AS 18.66.100 — 18.66.180 or issued under former AS 25.35.010(b) or 25.35.020;
(2) the actions constituting the offense are in violation of a condition of probation, release before trial, release after conviction, or parole;
(3) the victim is under 16 years of age;
(4) at any time during the course of conduct constituting the offense, the defendant possessed a deadly weapon;
(5) the defendant has been previously convicted of a crime under this section, AS 11.41.270, or AS 11.56.740, or a law or ordinance of this or another jurisdiction with elements similar to a crime under this section, AS 11.41.270, or AS 11.56.740; or
(6) the defendant has been previously convicted of a crime, or an attempt or solicitation to commit a crime, under (A) AS 11.41.100 — 11.41.250, 11.41.300 — 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, 11.61.120, or (B) a law or an ordinance of this or another jurisdiction with elements similar to a crime, or an attempt or solicitation to commit a crime, under AS 11.41.100 — 11.41.250, 11.41.300 — 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, or 11.61.120, involving the same victim as the present offense.
(b) In this section, “course of conduct” and “victim” have the meanings given in AS 11.41.270(b).
(c) Stalking in the first degree is a class C felony.
Notes of Decisions
Cited in 11
cases (4 in the last 5 years), 1996–2025 · leading case: Petersen v. State, 930 P.2d 414 (Alaska Ct. App. 1996).
Petersen v. State, 930 P.2d 414 (Alaska Ct. App. 1996). “In these consolidated appeals, the three defendants challenge the constitutionality of Alaska’s stalking statutes, AS 11.41.260 and AS 11.41.270. As explained below, we conclude that the statutes do not violate the Constitution, and thus we affirm the defendants’ convictions.”
Cook v. State, 36 P.3d 710 (Alaska Ct. App. 2001). “Cook was charged with first-degree stalking, AS 11.41.260(a), for his non-consensual contacts with K.”
Kenison v. State, 107 P.3d 335 (Alaska Ct. App. 2005). “In Petersen , the State introduced evidence detailing the defendant’s interactions with the victim during the 4-year period from 1989 until the defendant’s arrest on July 18, 1993, even though stalking did not become a crime under Alaska law until May 28, 1993 (the effective…”
Cooper v. Cooper, 144 P.3d 451 (Alaska 2006). “41, specifically, AS 11.41.260 (stalking in the first degree) and AS 11.”
Bourdon v. State, 28 P.3d 319 (Alaska Ct. App. 2001). “040(b)(2) expands this denial of post-conviction bail to defendants convicted of class B and class C felonies if the defendants have a prior conviction for certain other felonies: first-degree stalking (AS 11.41.260), or the class B and class C sexual felonies codified in AS 11.”
Dickie v. State, 282 P.3d 382 (Alaska Ct. App. 2012). “The jury rejected this theory when they returned the guilty verdict, Accordingly, we conclude that the lack of an instruction on the statutory definition of the term "victim" did not create a likelihood that the jury followed an erroneous theory. Conclusion We AFFIRM the…”
Johnson v. State, 390 P.3d 1212 (Alaska Ct. App. 2017). “Conclusion We AFFIRM Johnson’s convictions for first-degree unlawful contact and violation of a protective order, but we REVERSE his conviction for first-degree stalking.”
James Buster Bowen v. State of Alaska (Alaska Ct. App. 2023). “100(1), (2), and (7) (defining “aggravated sex offense,” “child kidnapping,” and “sex offense,” respectively, to include “an attempt, solicitation, or conspiracy to commit” the listed offenses); AS 12.”
Lauria v. United States Dep't of Homeland Sec. (D. Alaska 2024). “”125 AS 11.41.260(a)(4) provides that a person commits the crime of stalking in the first degree if the person violates AS 11.”
Steven William Eng v. State of Alaska, Dep't of Pub. Saf. (Alaska 2024). “990(3) (domestic violence); AS 11.41.260- .270 (stalking); AS 11.61.118-.”
Deanna Smith v. State of Alaska, Dep't of Corr. (Alaska 2025). “, AS 11.41.260 (defining crime of stalking in the first degree and citing AS 11.”
— Alaska Stat. § 11.41.260(a) — 5 cases
Cook v. State, 36 P.3d 710 (Alaska Ct. App. 2001). “Cook was charged with first-degree stalking, AS 11.41.260(a), for his non-consensual contacts with K.”
Petersen v. State, 930 P.2d 414 (Alaska Ct. App. 1996). “In these consolidated appeals, the three defendants challenge the constitutionality of Alaska’s stalking statutes, AS 11.41.260 and AS 11.41.270. As explained below, we conclude that the statutes do not violate the Constitution, and thus we affirm the defendants’ convictions.”
Kenison v. State, 107 P.3d 335 (Alaska Ct. App. 2005). “In Petersen , the State introduced evidence detailing the defendant’s interactions with the victim during the 4-year period from 1989 until the defendant’s arrest on July 18, 1993, even though stalking did not become a crime under Alaska law until May 28, 1993 (the effective…”
Dickie v. State, 282 P.3d 382 (Alaska Ct. App. 2012). “The jury rejected this theory when they returned the guilty verdict, Accordingly, we conclude that the lack of an instruction on the statutory definition of the term "victim" did not create a likelihood that the jury followed an erroneous theory. Conclusion We AFFIRM the…”
Johnson v. State, 390 P.3d 1212 (Alaska Ct. App. 2017). “Conclusion We AFFIRM Johnson’s convictions for first-degree unlawful contact and violation of a protective order, but we REVERSE his conviction for first-degree stalking.”
— Alaska Stat. § 11.41.260(a)(1) — 3 cases
Petersen v. State, 930 P.2d 414 (Alaska Ct. App. 1996). “In these consolidated appeals, the three defendants challenge the constitutionality of Alaska’s stalking statutes, AS 11.41.260 and AS 11.41.270. As explained below, we conclude that the statutes do not violate the Constitution, and thus we affirm the defendants’ convictions.”
Cook v. State, 36 P.3d 710 (Alaska Ct. App. 2001). “Cook was charged with first-degree stalking, AS 11.41.260(a), for his non-consensual contacts with K.”
Kenison v. State, 107 P.3d 335 (Alaska Ct. App. 2005). “In Petersen , the State introduced evidence detailing the defendant’s interactions with the victim during the 4-year period from 1989 until the defendant’s arrest on July 18, 1993, even though stalking did not become a crime under Alaska law until May 28, 1993 (the effective…”
— Alaska Stat. § 11.41.260(a)(2) — 2 cases
Petersen v. State, 930 P.2d 414 (Alaska Ct. App. 1996). “In these consolidated appeals, the three defendants challenge the constitutionality of Alaska’s stalking statutes, AS 11.41.260 and AS 11.41.270. As explained below, we conclude that the statutes do not violate the Constitution, and thus we affirm the defendants’ convictions.”
Cook v. State, 36 P.3d 710 (Alaska Ct. App. 2001). “Cook was charged with first-degree stalking, AS 11.41.260(a), for his non-consensual contacts with K.”
— Alaska Stat. § 11.41.260(a)(3) — 1 case
Johnson v. State, 390 P.3d 1212 (Alaska Ct. App. 2017). “Conclusion We AFFIRM Johnson’s convictions for first-degree unlawful contact and violation of a protective order, but we REVERSE his conviction for first-degree stalking.”
— Alaska Stat. § 11.41.260(a)(4) — 2 cases
Dickie v. State, 282 P.3d 382 (Alaska Ct. App. 2012). “The jury rejected this theory when they returned the guilty verdict, Accordingly, we conclude that the lack of an instruction on the statutory definition of the term "victim" did not create a likelihood that the jury followed an erroneous theory. Conclusion We AFFIRM the…”
Lauria v. United States Dep't of Homeland Sec. (D. Alaska 2024). “”125 AS 11.41.260(a)(4) provides that a person commits the crime of stalking in the first degree if the person violates AS 11.”
— Alaska Stat. § 11.41.260(a)(6) — 1 case
James Buster Bowen v. State of Alaska (Alaska Ct. App. 2023). “100(1), (2), and (7) (defining “aggravated sex offense,” “child kidnapping,” and “sex offense,” respectively, to include “an attempt, solicitation, or conspiracy to commit” the listed offenses); AS 12.”
— Alaska Stat. § 11.41.260(a)(6)(A) — 1 case
Petersen v. State, 930 P.2d 414 (Alaska Ct. App. 1996). “In these consolidated appeals, the three defendants challenge the constitutionality of Alaska’s stalking statutes, AS 11.41.260 and AS 11.41.270. As explained below, we conclude that the statutes do not violate the Constitution, and thus we affirm the defendants’ convictions.”
— Alaska Stat. § 11.41.260(c) — 2 cases
Cook v. State, 36 P.3d 710 (Alaska Ct. App. 2001). “Cook was charged with first-degree stalking, AS 11.41.260(a), for his non-consensual contacts with K.”
Petersen v. State, 930 P.2d 414 (Alaska Ct. App. 1996). “In these consolidated appeals, the three defendants challenge the constitutionality of Alaska’s stalking statutes, AS 11.41.260 and AS 11.41.270. As explained below, we conclude that the statutes do not violate the Constitution, and thus we affirm the defendants’ convictions.”
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