Alaska Statutes
Alaska Stat. § 11.41.370 (2026)
Definitions
✓ current as of July 2026
Find cases:
SyfertCases citing this section
AK-LEGakleg.gov
JustiaTitle on Justia
CornellLII Search
CasesGoogle Scholar
Sec. 11.41.370. Definitions.
Article 4. Sexual Offenses.
In AS 11.41.300 — 11.41.370, unless the context requires otherwise,
(1) “lawful custodian” means a parent, guardian, or other person responsible by authority of law for the care, custody, or control of another;
(2) “relative” means a parent, stepparent, ancestor, descendant, sibling, uncle, or aunt, including a relative of the same degree through marriage or adoption;
(3) “restrain” means to restrict a person's movements unlawfully and without consent, so as to interfere substantially with the person's liberty by moving the person from one place to another or by confining the person either in the place where the restriction commences or in a place to which the person has been moved; a restraint is “without consent” if it is accomplished
(A) by acquiescence of the restrained person, if the restrained person is under 16 years of age or is incompetent and the restrained person's lawful custodian has not acquiesced in the movement or confinement; or
(B) by force, threat, or deception.
In AS 11.41.300 — 11.41.370, unless the context requires otherwise,
(1) “lawful custodian” means a parent, guardian, or other person responsible by authority of law for the care, custody, or control of another;
(2) “relative” means a parent, stepparent, ancestor, descendant, sibling, uncle, or aunt, including a relative of the same degree through marriage or adoption;
(3) “restrain” means to restrict a person's movements unlawfully and without consent, so as to interfere substantially with the person's liberty by moving the person from one place to another or by confining the person either in the place where the restriction commences or in a place to which the person has been moved; a restraint is “without consent” if it is accomplished
(A) by acquiescence of the restrained person, if the restrained person is under 16 years of age or is incompetent and the restrained person's lawful custodian has not acquiesced in the movement or confinement; or
(B) by force, threat, or deception.
Notes of Decisions
Cited in 10
cases, 1981–2019 · leading case: State v. McDonald, 872 P.2d 627 (Alaska Ct. App. 1994).
State v. McDonald, 872 P.2d 627 (Alaska Ct. App. 1994). “McDonald first claims that the prosecutor misinstructed the grand jury as to the element of restraint in the kidnapping charge, see AS 11.41.370(3), by telling it that “restraining someone doesn’t mean tying them up, it just means limiting their liberty in some way.”
Strother v. State, 891 P.2d 214 (Alaska Ct. App. 1995). “See AS 11.41.370(2). This court has not previously addressed the question of whether, between two parents who retain equal right to physical custody of a child, one parent may commit the crime of custodial interference by keeping and concealing a child from the other parent.”
Regina C. v. Michael C., 440 P.3d 199 (Alaska 2019). “Considered together, Michael was made responsible by authority of law for the care, custody, and control of the children, thereby making him a lawful custodian for purposes of AS 11.41.370(1). 34 The dissent opines that the crime of custodial interference does not apply when a…”
Gerlach v. State, 699 P.2d 358 (Alaska Ct. App. 1985). “See AS 11.41.370 (defining some of the terms found in the statutes prohibiting custodial interference).”
Alam v. State, 776 P.2d 345 (Alaska Ct. App. 1989). “-300(a)(1)] clarifies that “restraint” (defined in AS 11.41.370(3)) of a victim with intent to commit a sexual assault is kidnapping.”
Hurd v. State, 22 P.3d 12 (Alaska Ct. App. 2001). “3 The scope of the kidnapping statute is further broadened by the definition of "restrain" contained in AS 11.41.370(8). Under this statute, "restrain" means: to restrict a person's movements unlawfully [by force, threat, or deception], so as to interfere substantially with the…”
Crump v. State, 625 P.2d 857 (Alaska 1981). “290 would seem to be a lesser included offense, but no request was made for such an instruction, possibly for tactical reasons, and no lesser included offense instruction was given.”
Cleveland v. State, 258 P.3d 878 (Alaska Ct. App. 2011). “11 As part of its presentation of Cleveland's kidnapping charge, the State read to the grand jury the definition of "restrain," as found in AS 11.41.370(8): "restrain" means to restrict a person's movements unlawfully and without consent, so as to interfere substantially with…”
Alam v. State, 793 P.2d 1081 (Alaska Ct. App. 1990). “This statute must be considered together with the definition of the term “restrain” which is found in AS 11.41.370 and which provides in relevant part: Definitions.”
Dickie v. State, 282 P.3d 382 (Alaska Ct. App. 2012). “See AS 11.41.370(3); AS 11.41.470(8). . Simpson v.”
— Alaska Stat. § 11.41.370(1) — 1 case
Regina C. v. Michael C., 440 P.3d 199 (Alaska 2019). “Considered together, Michael was made responsible by authority of law for the care, custody, and control of the children, thereby making him a lawful custodian for purposes of AS 11.41.370(1). 34 The dissent opines that the crime of custodial interference does not apply when a…”
— Alaska Stat. § 11.41.370(2) — 2 cases
Strother v. State, 891 P.2d 214 (Alaska Ct. App. 1995). “See AS 11.41.370(2). This court has not previously addressed the question of whether, between two parents who retain equal right to physical custody of a child, one parent may commit the crime of custodial interference by keeping and concealing a child from the other parent.”
Crump v. State, 625 P.2d 857 (Alaska 1981). “290 would seem to be a lesser included offense, but no request was made for such an instruction, possibly for tactical reasons, and no lesser included offense instruction was given.”
— Alaska Stat. § 11.41.370(3) — 3 cases
State v. McDonald, 872 P.2d 627 (Alaska Ct. App. 1994). “McDonald first claims that the prosecutor misinstructed the grand jury as to the element of restraint in the kidnapping charge, see AS 11.41.370(3), by telling it that “restraining someone doesn’t mean tying them up, it just means limiting their liberty in some way.”
Alam v. State, 776 P.2d 345 (Alaska Ct. App. 1989). “-300(a)(1)] clarifies that “restraint” (defined in AS 11.41.370(3)) of a victim with intent to commit a sexual assault is kidnapping.”
Dickie v. State, 282 P.3d 382 (Alaska Ct. App. 2012). “See AS 11.41.370(3); AS 11.41.470(8). . Simpson v.”
— Alaska Stat. § 11.41.370(3)(B) — 1 case
State v. McDonald, 872 P.2d 627 (Alaska Ct. App. 1994). “McDonald first claims that the prosecutor misinstructed the grand jury as to the element of restraint in the kidnapping charge, see AS 11.41.370(3), by telling it that “restraining someone doesn’t mean tying them up, it just means limiting their liberty in some way.”
— Alaska Stat. § 11.41.370(8) — 2 cases
Hurd v. State, 22 P.3d 12 (Alaska Ct. App. 2001). “3 The scope of the kidnapping statute is further broadened by the definition of "restrain" contained in AS 11.41.370(8). Under this statute, "restrain" means: to restrict a person's movements unlawfully [by force, threat, or deception], so as to interfere substantially with the…”
Cleveland v. State, 258 P.3d 878 (Alaska Ct. App. 2011). “11 As part of its presentation of Cleveland's kidnapping charge, the State read to the grand jury the definition of "restrain," as found in AS 11.41.370(8): "restrain" means to restrict a person's movements unlawfully and without consent, so as to interfere substantially with…”
— Alaska Stat. § 11.41.370(l) — 1 case
Strother v. State, 891 P.2d 214 (Alaska Ct. App. 1995). “See AS 11.41.370(2). This court has not previously addressed the question of whether, between two parents who retain equal right to physical custody of a child, one parent may commit the crime of custodial interference by keeping and concealing a child from the other parent.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.