Alaska Statutes
Alaska Stat. § 11.41.420 (2026)
Sexual assault in the second degree
✓ current as of July 2026
Find cases:
SyfertCases citing this section
AK-LEGakleg.gov
JustiaTitle on Justia
CornellLII Search
CasesGoogle Scholar
Sec. 11.41.420. Sexual assault in the second 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 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.
Notes of Decisions
Cited in 89
cases (12 in the last 5 years), 1982–2025 · leading case: Howarth v. State, Pub. Def. Agency, 925 P.2d 1330 (Alaska 1996).
Howarth v. State, Pub. Def. Agency, 925 P.2d 1330 (Alaska 1996). “In May 1988 Howarth entered a plea of nolo contendere to the charge of sexual assault in the second degree, a violation of AS 11.41.420, [4] for which he received a presumptive sentence of four years.”
Jackson v. State, 890 P.2d 587 (Alaska Ct. App. 1995). “Because AS 11.41.420(a)(3) obligated the state to prove that Jackson acted knowingly with regard to T.”
Inga v. State, 440 P.3d 345 (Alaska Ct. App. 2019). “1 AS 11.41.420(a)(1) and AS 11.41.220(a)(5), respectively.”
Ritter v. State, 16 P.3d 191 (Alaska Ct. App. 2001). “held that the evidence presented at the grand jury was insufficient to constitute a crime under AS 11.41.420(a)(1) or (a)(4)(A), the State could no longer prosecute [the] defendant[.”
Adams v. State, 261 P.3d 758 (Alaska 2011). “" Mae was indicted under AS 11.41.420(a)(1), which provides that an offender commits the crime of sexual assault in the second degree if "the offender engages in sexual contact with another person without consent of that person.”
United States v. James Bruguier, 735 F.3d 754 (8th Cir. 2013). “, Alaska Stat. § 11.41.420 (3) (“offender knows” victim’s condition), or (2) constructive knowledge, e.”
Ritter v. State, 97 P.3d 73 (Alaska Ct. App. 2004). “) With respect to each victim, the State charged Ritter under two alternate subsections of AS 11.41.420(a). The State alleged that Ritter engaged in sexual contact with the women without their consent (subsection (a)(1)), and also that Ritter engaged in sexual contact with the…”
Jonas v. State, 773 P.2d 960 (Alaska Ct. App. 1989). “Jonas was convicted, following a jury trial, of five counts of sexual assault in the second degree, AS 11.41.420(a)(2)(A), and two counts of harassment, AS 11.”
Cleveland v. State, 143 P.3d 977 (Alaska Ct. App. 2006). “The State charged Cleveland with second-degree sexual assault under AS 11.41.420(a)(3)(B); that is, the State alleged that Cleveland engaged in sexual penetration *983 with the victim when he knew that she was incapacitated.”
Benboe v. State, 698 P.2d 1230 (Alaska Ct. App. 1985). “AS 11.41.420. Superior Court Judge Rodger W.”
Moore v. State, 123 P.3d 1081 (Alaska Ct. App. 2005). “This episode does not show that communication between Hall and Moore had effectively ceased, or that Hall had lost the ability to objectively evaluate Moore's case and advise him concerning trial strategy.”
Brower v. State, 728 P.2d 645 (Alaska Ct. App. 1986). “In that case, the defendant was charged with sexual contact by coercion under former AS 11.41.420(a). The defendant had entered the victim’s house uninvited, then undressed and entered the victim’s bed.”
— Alaska Stat. § 11.41.420(2) — 1 case
Miller v. State, 44 P.3d 157 (Alaska Ct. App. 2002).
— Alaska Stat. § 11.41.420(a) — 12 cases
Howarth v. State, Pub. Def. Agency, 925 P.2d 1330 (Alaska 1996). “In May 1988 Howarth entered a plea of nolo contendere to the charge of sexual assault in the second degree, a violation of AS 11.41.420, [4] for which he received a presumptive sentence of four years.”
Brower v. State, 728 P.2d 645 (Alaska Ct. App. 1986). “In that case, the defendant was charged with sexual contact by coercion under former AS 11.41.420(a). The defendant had entered the victim’s house uninvited, then undressed and entered the victim’s bed.”
Ryan v. State, 899 P.2d 1371 (Alaska Ct. App. 1995).
Cleveland v. State, 91 P.3d 965 (Alaska Ct. App. 2004).
Nicholson v. State, 656 P.2d 1209 (Alaska Ct. App. 1982).
— Alaska Stat. § 11.41.420(a)(1) — 27 cases
Inga v. State, 440 P.3d 345 (Alaska Ct. App. 2019). “1 AS 11.41.420(a)(1) and AS 11.41.220(a)(5), respectively.”
Adams v. State, 261 P.3d 758 (Alaska 2011). “" Mae was indicted under AS 11.41.420(a)(1), which provides that an offender commits the crime of sexual assault in the second degree if "the offender engages in sexual contact with another person without consent of that person.”
Ritter v. State, 16 P.3d 191 (Alaska Ct. App. 2001). “held that the evidence presented at the grand jury was insufficient to constitute a crime under AS 11.41.420(a)(1) or (a)(4)(A), the State could no longer prosecute [the] defendant[.”
James v. State, 730 P.2d 811 (Alaska Ct. App. 1987).
State of Alaska v. Thomas A. Mayfield, 442 P.3d 794 (Alaska Ct. App. 2019).
— Alaska Stat. § 11.41.420(a)(2) — 1 case
Stephan v. State, 810 P.2d 564 (Alaska Ct. App. 1991).
— Alaska Stat. § 11.41.420(a)(2)(A) — 1 case
Jonas v. State, 773 P.2d 960 (Alaska Ct. App. 1989). “Jonas was convicted, following a jury trial, of five counts of sexual assault in the second degree, AS 11.41.420(a)(2)(A), and two counts of harassment, AS 11.”
— Alaska Stat. § 11.41.420(a)(2)(B) — 1 case
Allam v. State, 830 P.2d 435 (Alaska Ct. App. 1992).
— Alaska Stat. § 11.41.420(a)(3) — 9 cases
State v. Ranstead, 421 P.3d 15 (Alaska 2018).
Jackson v. State, 890 P.2d 587 (Alaska Ct. App. 1995). “Because AS 11.41.420(a)(3) obligated the state to prove that Jackson acted knowingly with regard to T.”
Milligan v. State, 286 P.3d 1065 (Alaska Ct. App. 2012).
State v. Thompson, 435 P.3d 947 (Alaska 2019).
Andrews v. State, 286 P.3d 780 (Alaska Ct. App. 2012).
— Alaska Stat. § 11.41.420(a)(3)(A) — 1 case
Jackson v. State, 890 P.2d 587 (Alaska Ct. App. 1995). “Because AS 11.41.420(a)(3) obligated the state to prove that Jackson acted knowingly with regard to T.”
— Alaska Stat. § 11.41.420(a)(3)(B) — 18 cases
Cleveland v. State, 143 P.3d 977 (Alaska Ct. App. 2006). “The State charged Cleveland with second-degree sexual assault under AS 11.41.420(a)(3)(B); that is, the State alleged that Cleveland engaged in sexual penetration *983 with the victim when he knew that she was incapacitated.”
Moore v. State, 123 P.3d 1081 (Alaska Ct. App. 2005). “This episode does not show that communication between Hall and Moore had effectively ceased, or that Hall had lost the ability to objectively evaluate Moore's case and advise him concerning trial strategy.”
Peterson v. State, 988 P.2d 109 (Alaska Ct. App. 1999).
McGill v. State, 18 P.3d 77 (Alaska Ct. App. 2001).
Morgan v. State, 139 P.3d 1272 (Alaska Ct. App. 2006).
— Alaska Stat. § 11.41.420(a)(3)(C) — 3 cases
Adams v. State, 261 P.3d 758 (Alaska 2011). “" Mae was indicted under AS 11.41.420(a)(1), which provides that an offender commits the crime of sexual assault in the second degree if "the offender engages in sexual contact with another person without consent of that person.”
King v. State, 978 P.2d 1278 (Alaska Ct. App. 1999).
Jimmy v. State, 206 P.3d 750 (Alaska Ct. App. 2009).
— Alaska Stat. § 11.41.420(a)(4) — 2 cases
Ritter v. State, 16 P.3d 191 (Alaska Ct. App. 2001). “held that the evidence presented at the grand jury was insufficient to constitute a crime under AS 11.41.420(a)(1) or (a)(4)(A), the State could no longer prosecute [the] defendant[.”
Ritter v. State, 97 P.3d 73 (Alaska Ct. App. 2004). “) With respect to each victim, the State charged Ritter under two alternate subsections of AS 11.41.420(a). The State alleged that Ritter engaged in sexual contact with the women without their consent (subsection (a)(1)), and also that Ritter engaged in sexual contact with the…”
— Alaska Stat. § 11.41.420(a)(8) — 1 case
Ragsdale v. State, 23 P.3d 653 (Alaska Ct. App. 2001).
— Alaska Stat. § 11.41.420(a)(d) — 1 case
Ritter v. State, 16 P.3d 191 (Alaska Ct. App. 2001). “held that the evidence presented at the grand jury was insufficient to constitute a crime under AS 11.41.420(a)(1) or (a)(4)(A), the State could no longer prosecute [the] defendant[.”
— Alaska Stat. § 11.41.420(a)(d4) — 1 case
Ritter v. State, 16 P.3d 191 (Alaska Ct. App. 2001). “held that the evidence presented at the grand jury was insufficient to constitute a crime under AS 11.41.420(a)(1) or (a)(4)(A), the State could no longer prosecute [the] defendant[.”
— Alaska Stat. § 11.41.420(b) — 13 cases
Howarth v. State, Pub. Def. Agency, 925 P.2d 1330 (Alaska 1996). “In May 1988 Howarth entered a plea of nolo contendere to the charge of sexual assault in the second degree, a violation of AS 11.41.420, [4] for which he received a presumptive sentence of four years.”
In the Disciplinary Matter Involving Ivy, 374 P.3d 374 (Alaska 2016).
Jackson v. State, 890 P.2d 587 (Alaska Ct. App. 1995). “Because AS 11.41.420(a)(3) obligated the state to prove that Jackson acted knowingly with regard to T.”
Ross v. State, 877 P.2d 777 (Alaska Ct. App. 1994).
Cleveland v. State, 91 P.3d 965 (Alaska Ct. App. 2004).
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.