Alaska Statutes
Alaska Stat. § 11.41.280 (2026)
Assault of an unborn child in the first degree
✓ current as of July 2026
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Sec. 11.41.280. Assault of an unborn child in the first degree.
(a) A person commits the crime of assault of an unborn child in the first degree if
(1) that person recklessly causes serious physical injury to an unborn child by means of a dangerous instrument;
(2) with intent to cause serious physical injury to an unborn child or to another person, that person causes serious physical injury to an unborn child;
(3) that person knowingly engages in conduct that results in serious physical injury to an unborn child under circumstances manifesting extreme indifference to the value of human life; for purposes of this paragraph, a pregnant woman's decision to remain in a relationship in which domestic violence, as defined in AS 18.66.990, has occurred does not constitute conduct manifesting an extreme indifference to the value of human life; or
(4) that person recklessly causes serious physical injury to an unborn child by repeated assaults using a dangerous instrument, even if each assault individually does not cause serious physical injury.
(b) Assault of an unborn child in the first degree is a class A felony.
(a) A person commits the crime of assault of an unborn child in the first degree if
(1) that person recklessly causes serious physical injury to an unborn child by means of a dangerous instrument;
(2) with intent to cause serious physical injury to an unborn child or to another person, that person causes serious physical injury to an unborn child;
(3) that person knowingly engages in conduct that results in serious physical injury to an unborn child under circumstances manifesting extreme indifference to the value of human life; for purposes of this paragraph, a pregnant woman's decision to remain in a relationship in which domestic violence, as defined in AS 18.66.990, has occurred does not constitute conduct manifesting an extreme indifference to the value of human life; or
(4) that person recklessly causes serious physical injury to an unborn child by repeated assaults using a dangerous instrument, even if each assault individually does not cause serious physical injury.
(b) Assault of an unborn child in the first degree is a class A felony.
Notes of Decisions
Cited in 3
cases, 1982–2004 · leading case: Wells v. State, 102 P.3d 972 (Alaska Ct. App. 2004).
Wells v. State, 102 P.3d 972 (Alaska Ct. App. 2004). “As originally proposed, Section 4 of HB 396 would have added a provision to the third-degree assault statute to make a person guilty of that felony if they "violate[d] AS 11.41.280(a)(1) or [(a) ](2)"-4ie., if they committed fourth-degree assault by recklessly causing physical…”
Hutchings v. State, 53 P.3d 1132 (Alaska Ct. App. 2002). “We therefore direct the superior court to amend the judgement to reflect a conviction for the lesser included offense of fourth-degree assault under AS 11.41.280(a)(1)-"recklessly caus[ing] physical injury to another person".”
Kelly v. State, 652 P.2d 112 (Alaska Ct. App. 1982). “Clifford Kelly was convicted of two counts of assault in the fourth degree in violation of AS 11.41.280(a). Kelly assaulted his wife, Cheryl Kelly, and thereafter assaulted the state trooper responding to Cheryl Kelly’s complaints.”
— Alaska Stat. § 11.41.280(a) — 1 case
Kelly v. State, 652 P.2d 112 (Alaska Ct. App. 1982). “Clifford Kelly was convicted of two counts of assault in the fourth degree in violation of AS 11.41.280(a). Kelly assaulted his wife, Cheryl Kelly, and thereafter assaulted the state trooper responding to Cheryl Kelly’s complaints.”
— Alaska Stat. § 11.41.280(a)(1) — 2 cases
Wells v. State, 102 P.3d 972 (Alaska Ct. App. 2004). “As originally proposed, Section 4 of HB 396 would have added a provision to the third-degree assault statute to make a person guilty of that felony if they "violate[d] AS 11.41.280(a)(1) or [(a) ](2)"-4ie., if they committed fourth-degree assault by recklessly causing physical…”
Hutchings v. State, 53 P.3d 1132 (Alaska Ct. App. 2002). “We therefore direct the superior court to amend the judgement to reflect a conviction for the lesser included offense of fourth-degree assault under AS 11.41.280(a)(1)-"recklessly caus[ing] physical injury to another person".”
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