Alaska Stat. § 11.41.410
Sexual assault in the first degree
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Sec. 11.41.410. Sexual assault in the first degree.
(a) An offender commits the crime of sexual assault in the first degree if
(1) the offender engages in sexual penetration with another person
(A) without consent of that person by
(i) the use of force or the express or implied threat of force against any person or property; or
(ii) causing the person to become incapacitated;
(B) by impersonating someone known to the person for the purpose of obtaining consent;
(2) the offender attempts to engage in sexual penetration with another person without consent of that person and causes serious physical injury to that person;
(3) the offender engages in sexual penetration with another person
(A) who the offender knows is mentally incapable; and
(B) who is in the offender's care
(i) by authority of law; or
(ii) in a facility or program that is required by law to be licensed by the state; or
(4) the offender engages in sexual penetration with a person who the offender knows is unaware that a sexual act is being committed and
(A) the offender is a health care worker; and
(B) the offense takes place during the course of professional treatment of the victim.
(b) Sexual assault in the first degree is punishable as provided in AS 12.55 and is
(1) an unclassified felony if the offender violates (a)(1)(A), (2), (3), or (4) of this section;
(2) a class A felony if the offender violates (a)(1)(B) of this section.
(a) An offender commits the crime of sexual assault in the first degree if
(1) the offender engages in sexual penetration with another person
(A) without consent of that person by
(i) the use of force or the express or implied threat of force against any person or property; or
(ii) causing the person to become incapacitated;
(B) by impersonating someone known to the person for the purpose of obtaining consent;
(2) the offender attempts to engage in sexual penetration with another person without consent of that person and causes serious physical injury to that person;
(3) the offender engages in sexual penetration with another person
(A) who the offender knows is mentally incapable; and
(B) who is in the offender's care
(i) by authority of law; or
(ii) in a facility or program that is required by law to be licensed by the state; or
(4) the offender engages in sexual penetration with a person who the offender knows is unaware that a sexual act is being committed and
(A) the offender is a health care worker; and
(B) the offense takes place during the course of professional treatment of the victim.
(b) Sexual assault in the first degree is punishable as provided in AS 12.55 and is
(1) an unclassified felony if the offender violates (a)(1)(A), (2), (3), or (4) of this section;
(2) a class A felony if the offender violates (a)(1)(B) of this section.
Notes of Decisions
Cited in 239
cases (12 in the last 5 years), 1981–2026 · leading case: Juneby v. State
Juneby v. State (1982)
“Thus, when a charge of sexual assault in the first degree is based on a theory of rape under subsection (a)(1) of AS 11.41.410, in order to justify a substantial increase in the presumptive term the prosecution must bear the burden of making a clear and convincing showing that…”
Doe v. State (2008)
“110(a)(3), or a similar law of another jurisdiction, in which the person committed or attempted to commit one of the following crimes, or a similar law of another jurisdiction: (i) sexual assault in the first degree; (ii) sexual assault in the second degree; (iii) sexual abuse…”
Juneby v. State (1983)
“Finally, we turned to the particular circumstances involved in the case before us, holding: *35 In Juneby’s case, the crime charged was sexual assault in the first degree, as defined in AS 11.41.410(a)(1), which states: (a) A person commits the crime of sexual assault in the…”
Potts v. State (1986)
“Former AS 11.41.410(a)(4) and AS 11.31.100(a). He was also convicted of sexual abuse of a minor (Count II).”
Bolhouse v. State (1984)
“420, and two counts of attempted sexual assault in the first degree, AS 11.41.410; AS 11.31.100. Bolhouse was sentenced to consecutive terms of nine years with two years suspended on each count of attempted sexual assault in the first degree.”
State v. Andrews (1985)
“Former AS 11.41.410 provided, in relevant part: A person commits the crime of sexual assault in the first degree if, .”
Reynolds v. State (1983)
“Reynolds was convicted of sexual assault in the first degree, AS 11.41.410, and acquitted of kidnapping, AS 11.”
Velez v. State (1988)
“Santiago Velez was charged in separate counts of an indictment with one count of sexual assault in the first degree, AS 11.41.410(a)(1), and one count of attempted sexual assault in the first degree, AS 11.”
Michael v. State (2005)
“040(b) and AS 11.41.410(b) were interpreted to bar Michael's release pending proceedings on remand.”
Barry v. State (1984)
“In Count II of the indictment Barry was charged with sexual assault in violation of AS 11.41.410. Barry was convicted of both crimes and sentenced to concurrent prison terms of twenty years for the kidnapping and twenty years with five years suspended for the sexual assault.”
United States v. Thomas Schopp (2019)
“See Alaska Stat. § 11.41.410 (1983 Supp.); Alaska Stat.”
Braaten v. State (1985)
“testified at trial that on Sunday, July 10, 1983, she attended a union picnic.”
— Alaska Stat. § 11.41.410(3)(B) — 1 case
Renkel v. State (1991)
— Alaska Stat. § 11.41.410(a) — 23 cases
Juneby v. State (1982)
“Thus, when a charge of sexual assault in the first degree is based on a theory of rape under subsection (a)(1) of AS 11.41.410, in order to justify a substantial increase in the presumptive term the prosecution must bear the burden of making a clear and convincing showing that…”
Vent v. State (2003)
State v. Creekpaum (1987)
State v. Creekpaum (1988)
McGill v. State (2001)
— Alaska Stat. § 11.41.410(a)(1) — 123 cases
Juneby v. State (1983)
“Finally, we turned to the particular circumstances involved in the case before us, holding: *35 In Juneby’s case, the crime charged was sexual assault in the first degree, as defined in AS 11.41.410(a)(1), which states: (a) A person commits the crime of sexual assault in the…”
Juneby v. State (1982)
“Thus, when a charge of sexual assault in the first degree is based on a theory of rape under subsection (a)(1) of AS 11.41.410, in order to justify a substantial increase in the presumptive term the prosecution must bear the burden of making a clear and convincing showing that…”
Velez v. State (1988)
“Santiago Velez was charged in separate counts of an indictment with one count of sexual assault in the first degree, AS 11.41.410(a)(1), and one count of attempted sexual assault in the first degree, AS 11.”
Hess v. State (2001)
Iyapana v. State (2012)
— Alaska Stat. § 11.41.410(a)(2) — 3 cases
Haakanson v. State (1988)
Schuenemann v. State (1989)
Nukapigak v. State (1982)
— Alaska Stat. § 11.41.410(a)(3) — 17 cases
State v. Andrews (1985)
“Former AS 11.41.410 provided, in relevant part: A person commits the crime of sexual assault in the first degree if, .”
Parker v. State (1983)
Qualle v. State (1982)
United States v. Thomas Schopp (2019)
“See Alaska Stat. § 11.41.410 (1983 Supp.); Alaska Stat.”
Oswald v. State (1986)
— Alaska Stat. § 11.41.410(a)(3)(B) — 1 case
Allam v. State (1992)
— Alaska Stat. § 11.41.410(a)(4) — 17 cases
Potts v. State (1986)
“Former AS 11.41.410(a)(4) and AS 11.31.100(a). He was also convicted of sexual abuse of a minor (Count II).”
Nitz v. State (1986)
Drumbarger v. State (1986)
Soper v. State (1987)
State v. Doe (1982)
— Alaska Stat. § 11.41.410(a)(4)(A) — 4 cases
State v. Andrews (1985)
“Former AS 11.41.410 provided, in relevant part: A person commits the crime of sexual assault in the first degree if, .”
Goulden v. State (1983)
Goulden v. State (1983)
— Alaska Stat. § 11.41.410(a)(4)(B) — 4 cases
Covington v. State (1985)
Covington v. State (1987)
State v. Morris (1984)
Covington v. State (1997)
— Alaska Stat. § 11.41.410(a)(4)(b) — 1 case
Potts v. State (1986)
“Former AS 11.41.410(a)(4) and AS 11.31.100(a). He was also convicted of sexual abuse of a minor (Count II).”
— Alaska Stat. § 11.41.410(a)(l) — 3 cases
Juneby v. State (1982)
“Thus, when a charge of sexual assault in the first degree is based on a theory of rape under subsection (a)(1) of AS 11.41.410, in order to justify a substantial increase in the presumptive term the prosecution must bear the burden of making a clear and convincing showing that…”
Harris v. State (1990)
Moore v. State (2008)
— Alaska Stat. § 11.41.410(b) — 32 cases
Michael v. State (2005)
“040(b) and AS 11.41.410(b) were interpreted to bar Michael's release pending proceedings on remand.”
Bolhouse v. State (1984)
“420, and two counts of attempted sexual assault in the first degree, AS 11.41.410; AS 11.31.100. Bolhouse was sentenced to consecutive terms of nine years with two years suspended on each count of attempted sexual assault in the first degree.”
Nix v. State (1982)
Braaten v. State (1985)
“testified at trial that on Sunday, July 10, 1983, she attended a union picnic.”
Juneby v. State (1983)
“Finally, we turned to the particular circumstances involved in the case before us, holding: *35 In Juneby’s case, the crime charged was sexual assault in the first degree, as defined in AS 11.41.410(a)(1), which states: (a) A person commits the crime of sexual assault in the…”
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