Alaska Statutes
Alaska Stat. § 11.41.410 (2026)
Sexual assault in the first degree
✓ text as last checked Sept. 2026 (this copy records no edition or section history)
Find cases:
SyfertCases citing this section
AK-LEGakleg.gov
JustiaTitle on Justia
CornellLII Search
CasesGoogle Scholar
Sec. 11.41.410. Sexual assault in the first degree.
(a) An offender commits the crime of sexual assault in the second degree if
(1) the offender engages in sexual contact 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 engages in sexual contact with a 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;
(3) the offender engages in sexual penetration with a person who is
(A) mentally incapable;
(B) incapacitated; or
(C) unaware that a sexual act is being committed;
(4) the offender engages in sexual contact 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; or
(5) under circumstances not proscribed under AS 11.41.410, the offender engages in sexual penetration with another person without consent of that person.
(b) Sexual assault in the second degree is a class B felony.
(a) An offender commits the crime of sexual assault in the third degree if the offender
(1) engages in sexual contact with a person who is
(A) mentally incapable;
(B) incapacitated; or
(C) unaware that a sexual act is being committed;
(2) while employed in a state correctional facility or other placement designated by the commissioner of corrections for the custody and care of prisoners, engages in sexual penetration with a person who the offender knows is committed to the custody of the Department of Corrections to serve a term of imprisonment or period of temporary commitment;
(3) engages in sexual penetration with a person 18 or 19 years of age who the offender knows is committed to the custody of the Department of Family and Community Services under AS 47.10 or AS 47.12 and the offender is the legal guardian of the person;
(4) while employed in the state by a law enforcement agency as a peace officer, or while acting as a peace officer in the state, engages in sexual penetration with a person with reckless disregard that the person is in the custody or the apparent custody of the offender, or is committed to the custody of a law enforcement agency;
(5) while employed by the state or a municipality of the state as a probation officer or parole officer, or while acting as a probation officer or parole officer in the state, engages in sexual penetration with a person with reckless disregard that the person is on probation or parole;
(6) while employed as a juvenile probation officer or as a juvenile facility staff, engages in sexual penetration with a person 18 or 19 years of age with reckless disregard that the person is committed to the custody or probationary supervision of the Department of Family and Community Services; or
(7) under circumstances not proscribed under AS 11.41.420, the offender engages in sexual contact with another person without consent of that person; in this paragraph, “sexual contact” does not include an offender knowingly causing a person to come into contact with semen.
(b) In this section,
(1) “juvenile facility staff” means a person employed in a juvenile detention facility or juvenile treatment facility as those terms are defined in AS 47.12.990;
(2) “juvenile probation officer” has the meaning given in AS 47.12.990;
(3) “parole officer” has the meaning given in AS 18.65.290;
(4) “peace officer” has the meaning given in AS 01.10.060;
(5) “probation officer” includes a
(A) probation officer as defined in AS 18.65.290; or
(B) person who supervises a participant in a specialty court, including a therapeutic or wellness court addressing alcohol or drug use, a court addressing the needs of veterans, an adult or juvenile mental health court, a fetal alcohol spectrum disorder court, or a family care or preservation court.
(c) Sexual assault in the third degree is a class C felony.
(a) An offender commits the crime of sexual assault in the second degree if
(1) the offender engages in sexual contact 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 engages in sexual contact with a 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;
(3) the offender engages in sexual penetration with a person who is
(A) mentally incapable;
(B) incapacitated; or
(C) unaware that a sexual act is being committed;
(4) the offender engages in sexual contact 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; or
(5) under circumstances not proscribed under AS 11.41.410, the offender engages in sexual penetration with another person without consent of that person.
(b) Sexual assault in the second degree is a class B felony.
(a) An offender commits the crime of sexual assault in the third degree if the offender
(1) engages in sexual contact with a person who is
(A) mentally incapable;
(B) incapacitated; or
(C) unaware that a sexual act is being committed;
(2) while employed in a state correctional facility or other placement designated by the commissioner of corrections for the custody and care of prisoners, engages in sexual penetration with a person who the offender knows is committed to the custody of the Department of Corrections to serve a term of imprisonment or period of temporary commitment;
(3) engages in sexual penetration with a person 18 or 19 years of age who the offender knows is committed to the custody of the Department of Family and Community Services under AS 47.10 or AS 47.12 and the offender is the legal guardian of the person;
(4) while employed in the state by a law enforcement agency as a peace officer, or while acting as a peace officer in the state, engages in sexual penetration with a person with reckless disregard that the person is in the custody or the apparent custody of the offender, or is committed to the custody of a law enforcement agency;
(5) while employed by the state or a municipality of the state as a probation officer or parole officer, or while acting as a probation officer or parole officer in the state, engages in sexual penetration with a person with reckless disregard that the person is on probation or parole;
(6) while employed as a juvenile probation officer or as a juvenile facility staff, engages in sexual penetration with a person 18 or 19 years of age with reckless disregard that the person is committed to the custody or probationary supervision of the Department of Family and Community Services; or
(7) under circumstances not proscribed under AS 11.41.420, the offender engages in sexual contact with another person without consent of that person; in this paragraph, “sexual contact” does not include an offender knowingly causing a person to come into contact with semen.
(b) In this section,
(1) “juvenile facility staff” means a person employed in a juvenile detention facility or juvenile treatment facility as those terms are defined in AS 47.12.990;
(2) “juvenile probation officer” has the meaning given in AS 47.12.990;
(3) “parole officer” has the meaning given in AS 18.65.290;
(4) “peace officer” has the meaning given in AS 01.10.060;
(5) “probation officer” includes a
(A) probation officer as defined in AS 18.65.290; or
(B) person who supervises a participant in a specialty court, including a therapeutic or wellness court addressing alcohol or drug use, a court addressing the needs of veterans, an adult or juvenile mental health court, a fetal alcohol spectrum disorder court, or a family care or preservation court.
(c) Sexual assault in the third degree is a class C felony.
Notes of Decisions
Cited in 239
cases (12 in the last 5 years), 1981–2026 · leading case: Juneby v. State, 641 P.2d 823 (Alaska Ct. App. 1982).
Juneby v. State, 641 P.2d 823 (Alaska Ct. App. 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, 189 P.3d 999 (Alaska 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, 665 P.2d 30 (Alaska Ct. App. 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, 712 P.2d 385 (Alaska Ct. App. 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, 687 P.2d 1166 (Alaska Ct. App. 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, 707 P.2d 900 (Alaska Ct. App. 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, 664 P.2d 621 (Alaska Ct. App. 1983). “Reynolds was convicted of sexual assault in the first degree, AS 11.41.410, and acquitted of kidnapping, AS 11.”
Velez v. State, 762 P.2d 1297 (Alaska Ct. App. 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, 115 P.3d 517 (Alaska 2005). “040(b) and AS 11.41.410(b) were interpreted to bar Michael's release pending proceedings on remand.”
Barry v. State, 675 P.2d 1292 (Alaska Ct. App. 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, 938 F.3d 1053 (9th Cir. 2019). “See Alaska Stat. § 11.41.410 (1983 Supp.); Alaska Stat.”
Braaten v. State, 705 P.2d 1311 (Alaska Ct. App. 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, 807 P.2d 1087 (Alaska Ct. App. 1991).
Alaska Stat. § 11.41.410(a): 23 cases
Juneby v. State, 641 P.2d 823 (Alaska Ct. App. 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, 67 P.3d 661 (Alaska Ct. App. 2003).
State v. Creekpaum, 732 P.2d 557 (Alaska Ct. App. 1987).
State v. Creekpaum, 753 P.2d 1139 (Alaska 1988).
McGill v. State, 18 P.3d 77 (Alaska Ct. App. 2001).
Alaska Stat. § 11.41.410(a)(1): 123 cases
Juneby v. State, 665 P.2d 30 (Alaska Ct. App. 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, 641 P.2d 823 (Alaska Ct. App. 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, 762 P.2d 1297 (Alaska Ct. App. 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, 20 P.3d 1121 (Alaska 2001).
Iyapana v. State, 284 P.3d 841 (Alaska Ct. App. 2012).
Alaska Stat. § 11.41.410(a)(2): 3 cases
Haakanson v. State, 760 P.2d 1030 (Alaska Ct. App. 1988).
Schuenemann v. State, 781 P.2d 1005 (Alaska Ct. App. 1989).
Nukapigak v. State, 645 P.2d 215 (Alaska Ct. App. 1982).
Alaska Stat. § 11.41.410(a)(3): 17 cases
State v. Andrews, 707 P.2d 900 (Alaska Ct. App. 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, 667 P.2d 1272 (Alaska Ct. App. 1983).
Qualle v. State, 652 P.2d 481 (Alaska Ct. App. 1982).
United States v. Thomas Schopp, 938 F.3d 1053 (9th Cir. 2019). “See Alaska Stat. § 11.41.410 (1983 Supp.); Alaska Stat.”
Oswald v. State, 715 P.2d 276 (Alaska Ct. App. 1986).
Alaska Stat. § 11.41.410(a)(3)(B): 1 case
Allam v. State, 830 P.2d 435 (Alaska Ct. App. 1992).
Alaska Stat. § 11.41.410(a)(4): 17 cases
Potts v. State, 712 P.2d 385 (Alaska Ct. App. 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, 720 P.2d 55 (Alaska Ct. App. 1986).
Drumbarger v. State, 716 P.2d 6 (Alaska Ct. App. 1986).
Soper v. State, 731 P.2d 587 (Alaska Ct. App. 1987).
State v. Doe, 647 P.2d 1107 (Alaska Ct. App. 1982).
Alaska Stat. § 11.41.410(a)(4)(A): 4 cases
State v. Andrews, 707 P.2d 900 (Alaska Ct. App. 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, 656 P.2d 1218 (Alaska Ct. App. 1983).
Toney v. Fairbanks North Star Borough Sch. Dist., 881 P.2d 1112 (Alaska 1994).
Goulden v. State, 656 P.2d 1214 (Alaska Ct. App. 1983).
Alaska Stat. § 11.41.410(a)(4)(B): 4 cases
Covington v. State, 703 P.2d 436 (Alaska Ct. App. 1985).
Covington v. State, 747 P.2d 550 (Alaska Ct. App. 1987).
State v. Morris, 680 P.2d 1190 (Alaska Ct. App. 1984).
Covington v. State, 938 P.2d 1085 (Alaska Ct. App. 1997).
Alaska Stat. § 11.41.410(a)(4)(b): 1 case
Potts v. State, 712 P.2d 385 (Alaska Ct. App. 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, 641 P.2d 823 (Alaska Ct. App. 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, 790 P.2d 1379 (Alaska Ct. App. 1990).
Moore v. State, 174 P.3d 770 (Alaska Ct. App. 2008).
Alaska Stat. § 11.41.410(b): 32 cases
Michael v. State, 115 P.3d 517 (Alaska 2005). “040(b) and AS 11.41.410(b) were interpreted to bar Michael's release pending proceedings on remand.”
Bolhouse v. State, 687 P.2d 1166 (Alaska Ct. App. 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, 653 P.2d 1093 (Alaska Ct. App. 1982).
Braaten v. State, 705 P.2d 1311 (Alaska Ct. App. 1985). “testified at trial that on Sunday, July 10, 1983, she attended a union picnic.”
Juneby v. State, 665 P.2d 30 (Alaska Ct. App. 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…”
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.