Alaska Statutes
Alaska Stat. § 11.41.270 (2026)
Stalking in the second degree
✓ current as of July 2026
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Sec. 11.41.270. Stalking in the second degree.
(a) A person commits the crime of stalking in the second degree if the person knowingly engages in a course of conduct that recklessly places another person in fear of death or physical injury, or in fear of the death or physical injury of a family member.
(b) In this section,
(1) “course of conduct” means repeated acts of nonconsensual contact involving the victim or a family member;
(2) “device” includes software;
(3) “family member” means a
(A) spouse, child, grandchild, parent, grandparent, sibling, uncle, aunt, nephew, or niece, of the victim, whether related by blood, marriage, or adoption;
(B) person who lives, or has previously lived, in a spousal relationship with the victim;
(C) person who lives in the same household as the victim; or
(D) person who is a former spouse of the victim or is or has been in a dating, courtship, or engagement relationship with the victim;
(4) “nonconsensual contact” means any contact with another person that is initiated or continued without that person's consent, that is beyond the scope of the consent provided by that person, or that is in disregard of that person's expressed desire that the contact be avoided or discontinued; “nonconsensual contact” includes
(A) following or appearing within the sight of that person;
(B) approaching or confronting that person in a public place or on private property;
(C) appearing at the workplace or residence of that person;
(D) entering onto or remaining on property owned, leased, or occupied by that person;
(E) contacting that person by telephone;
(F) sending mail or electronic communications to that person;
(G) placing an object on, or delivering an object to, property owned, leased, or occupied by that person;
(H) following or monitoring that person with a global positioning device or similar technological means;
(I) using, installing, or attempting to use or install a device for observing, recording, or photographing events occurring in the residence, vehicle, or workplace used by that person, or on the personal telephone or computer used by that person;
(5) “victim” means a person who is the target of a course of conduct.
(c) Stalking in the second degree is a class A misdemeanor.
(a) A person commits the crime of stalking in the second degree if the person knowingly engages in a course of conduct that recklessly places another person in fear of death or physical injury, or in fear of the death or physical injury of a family member.
(b) In this section,
(1) “course of conduct” means repeated acts of nonconsensual contact involving the victim or a family member;
(2) “device” includes software;
(3) “family member” means a
(A) spouse, child, grandchild, parent, grandparent, sibling, uncle, aunt, nephew, or niece, of the victim, whether related by blood, marriage, or adoption;
(B) person who lives, or has previously lived, in a spousal relationship with the victim;
(C) person who lives in the same household as the victim; or
(D) person who is a former spouse of the victim or is or has been in a dating, courtship, or engagement relationship with the victim;
(4) “nonconsensual contact” means any contact with another person that is initiated or continued without that person's consent, that is beyond the scope of the consent provided by that person, or that is in disregard of that person's expressed desire that the contact be avoided or discontinued; “nonconsensual contact” includes
(A) following or appearing within the sight of that person;
(B) approaching or confronting that person in a public place or on private property;
(C) appearing at the workplace or residence of that person;
(D) entering onto or remaining on property owned, leased, or occupied by that person;
(E) contacting that person by telephone;
(F) sending mail or electronic communications to that person;
(G) placing an object on, or delivering an object to, property owned, leased, or occupied by that person;
(H) following or monitoring that person with a global positioning device or similar technological means;
(I) using, installing, or attempting to use or install a device for observing, recording, or photographing events occurring in the residence, vehicle, or workplace used by that person, or on the personal telephone or computer used by that person;
(5) “victim” means a person who is the target of a course of conduct.
(c) Stalking in the second degree is a class A misdemeanor.
Notes of Decisions
Cited in 91
cases (72 in the last 5 years), 1996–2025 · leading case: Petersen v. State
Petersen v. State, 930 P.2d 414 (Alaska Ct. App. 1996). “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.”
Vince B. v. Sarah B., 425 P.3d 55 (Alaska 2018). “2 See AS 11.41.270(a) ("A person commits the crime of stalking in the second degree if the person knowingly engages in a course of conduct that recklessly places another person in fear of death or physical injury, or in fear of the death or physical injury of a family member.”
v. Burgandine, 2020 COA 142 (Colo. Ct. App. 2020). “, Alaska Stat. § 11.41.270 (b)(4)(E), (F) (West 2019) (defining “nonconsensual contact” to include contact by telephone and by sending mail or electronic communications); Ga.”
Cooper v. Cooper, 144 P.3d 451 (Alaska 2006). “State 12 that AS 11.41.270 “is not referring to the victim’s subjective feelings of fright or intimidation.”
Cook v. State, 36 P.3d 710 (Alaska Ct. App. 2001). “There was no plain error in the jury instruction defining the crime of first-degree stalking A defendant commits the crime of stalking as defined in AS 11.41.270 if the defendant (1) knowingly engages in repeated acts of non-consensual contact with the vie-tim or members of the…”
McComas v. Kirn, 105 P.3d 1130 (Alaska 2005). “16 Under AS 11.41.270(a), “[a] person commits the crime of stalking in the second degree if the person knowingly engages in a course of conduct that recklessly places another person in fear of death or physical injury, or in fear of the death or physical injury of a family…”
Prentzel v. State, Dep't of Pub. Saf., 169 P.3d 573 (Alaska 2007). “027; [ 31 ] (8) without a warrant may arrest a person when the peace officer has reasonable cause for believing that the person has (A) committed a crime under or violated ~ conditions imposed as part of the person's release before trial on misdemeanor charges brought under AS…”
Kenison v. State, 107 P.3d 335 (Alaska Ct. App. 2005). “The basic crime of stalking (second-degree stalking) is defined in AS 11.41.270. Under subsection (a) of this statute, the crime consists of “knowingly engaging] in a course of conduct that recklessly places another person in fear of death or physical injury, or in fear of the…”
United States v. Saunders, 59 M.J. 1 (C.A.A.F. 2003). “9 (Deering, LEXIS through 2002 Sess.); Colo.Rev. Stat. § 18-9-111 (LEXIS through 2002 Sess.”
In the Disciplinary Matter Involving Ivy, 374 P.3d 374 (Alaska 2016). “50 AS 11.41.270(c). -13- 7106 a ten-year prison sentence.”
Jared Armstrong v. Gerard Asselin, 734 F.3d 984 (9th Cir. 2013). “” Alaska Stat. § 11.41.270 . 7 . Over the course of the investigation, officers Thomas, Rohwer, Gilmour, and Parker interviewed the victims and assisted in both the searches of Armstrong's residence and property and his arrests.”
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…”
— Alaska Stat. § 11.41.270(a) — 9 cases
Vince B. v. Sarah B., 425 P.3d 55 (Alaska 2018). “2 See AS 11.41.270(a) ("A person commits the crime of stalking in the second degree if the person knowingly engages in a course of conduct that recklessly places another person in fear of death or physical injury, or in fear of the death or physical injury of a family member.”
Cook v. State, 36 P.3d 710 (Alaska Ct. App. 2001). “There was no plain error in the jury instruction defining the crime of first-degree stalking A defendant commits the crime of stalking as defined in AS 11.41.270 if the defendant (1) knowingly engages in repeated acts of non-consensual contact with the vie-tim or members of the…”
Petersen v. State, 930 P.2d 414 (Alaska Ct. App. 1996). “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.”
McComas v. Kirn, 105 P.3d 1130 (Alaska 2005). “16 Under AS 11.41.270(a), “[a] person commits the crime of stalking in the second degree if the person knowingly engages in a course of conduct that recklessly places another person in fear of death or physical injury, or in fear of the death or physical injury of a family…”
Cooper v. Cooper, 144 P.3d 451 (Alaska 2006). “State 12 that AS 11.41.270 “is not referring to the victim’s subjective feelings of fright or intimidation.”
— Alaska Stat. § 11.41.270(b)(1) — 7 cases
Vince B. v. Sarah B., 425 P.3d 55 (Alaska 2018). “2 See AS 11.41.270(a) ("A person commits the crime of stalking in the second degree if the person knowingly engages in a course of conduct that recklessly places another person in fear of death or physical injury, or in fear of the death or physical injury of a family member.”
Cooper v. Cooper, 144 P.3d 451 (Alaska 2006). “State 12 that AS 11.41.270 “is not referring to the victim’s subjective feelings of fright or intimidation.”
Kenison v. State, 107 P.3d 335 (Alaska Ct. App. 2005). “The basic crime of stalking (second-degree stalking) is defined in AS 11.41.270. Under subsection (a) of this statute, the crime consists of “knowingly engaging] in a course of conduct that recklessly places another person in fear of death or physical injury, or in fear of the…”
Petersen v. State, 930 P.2d 414 (Alaska Ct. App. 1996). “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.”
McComas v. Kirn, 105 P.3d 1130 (Alaska 2005). “16 Under AS 11.41.270(a), “[a] person commits the crime of stalking in the second degree if the person knowingly engages in a course of conduct that recklessly places another person in fear of death or physical injury, or in fear of the death or physical injury of a family…”
— Alaska Stat. § 11.41.270(b)(2) — 2 cases
Petersen v. State, 930 P.2d 414 (Alaska Ct. App. 1996). “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). “The basic crime of stalking (second-degree stalking) is defined in AS 11.41.270. Under subsection (a) of this statute, the crime consists of “knowingly engaging] in a course of conduct that recklessly places another person in fear of death or physical injury, or in fear of the…”
— Alaska Stat. § 11.41.270(b)(2)(D) — 1 case
Kenison v. State, 107 P.3d 335 (Alaska Ct. App. 2005). “The basic crime of stalking (second-degree stalking) is defined in AS 11.41.270. Under subsection (a) of this statute, the crime consists of “knowingly engaging] in a course of conduct that recklessly places another person in fear of death or physical injury, or in fear of the…”
— Alaska Stat. § 11.41.270(b)(3) — 4 cases
Petersen v. State, 930 P.2d 414 (Alaska Ct. App. 1996). “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). “The basic crime of stalking (second-degree stalking) is defined in AS 11.41.270. Under subsection (a) of this statute, the crime consists of “knowingly engaging] in a course of conduct that recklessly places another person in fear of death or physical injury, or in fear of the…”
Pastos v. State, 157 P.3d 1066 (Alaska Ct. App. 2007).
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…”
— Alaska Stat. § 11.41.270(b)(3)(A) — 2 cases
Cooper v. Cooper, 144 P.3d 451 (Alaska 2006). “State 12 that AS 11.41.270 “is not referring to the victim’s subjective feelings of fright or intimidation.”
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…”
— Alaska Stat. § 11.41.270(b)(3)(E) — 1 case
Petersen v. State, 930 P.2d 414 (Alaska Ct. App. 1996). “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. § 11.41.270(b)(3)(F) — 1 case
McComas v. Kirn, 105 P.3d 1130 (Alaska 2005). “16 Under AS 11.41.270(a), “[a] person commits the crime of stalking in the second degree if the person knowingly engages in a course of conduct that recklessly places another person in fear of death or physical injury, or in fear of the death or physical injury of a family…”
— Alaska Stat. § 11.41.270(b)(4) — 3 cases
Vince B. v. Sarah B., 425 P.3d 55 (Alaska 2018). “2 See AS 11.41.270(a) ("A person commits the crime of stalking in the second degree if the person knowingly engages in a course of conduct that recklessly places another person in fear of death or physical injury, or in fear of the death or physical injury of a family member.”
Petersen v. State, 930 P.2d 414 (Alaska Ct. App. 1996). “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.”
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…”
— Alaska Stat. § 11.41.270(b)(4)(A) — 1 case
Vince B. v. Sarah B., 425 P.3d 55 (Alaska 2018). “2 See AS 11.41.270(a) ("A person commits the crime of stalking in the second degree if the person knowingly engages in a course of conduct that recklessly places another person in fear of death or physical injury, or in fear of the death or physical injury of a family member.”
— Alaska Stat. § 11.41.270(b)(8) — 2 cases
Pastos v. State, 157 P.3d 1066 (Alaska Ct. App. 2007).
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…”
— Alaska Stat. § 11.41.270(c) — 2 cases
In the Disciplinary Matter Involving Ivy, 374 P.3d 374 (Alaska 2016). “50 AS 11.41.270(c). -13- 7106 a ten-year prison sentence.”
In Re Ivy (Alaska 2016).
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