Alaska Statutes
Alaska Stat. § 11.41.425 (2026)
Sexual assault in the third degree
✓ current as of July 2026
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Sec. 11.41.425. Sexual assault in the third degree.
(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 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 18
cases (7 in the last 5 years), 1999–2026 · leading case: Sherman v. Del. Dep't of Pub. Saf., 190 A.3d 148 (Del. 2018).
Sherman v. Del. Dep't of Pub. Saf., 190 A.3d 148 (Del. 2018). “knowingly engag[es] in sexual contact, oral sexual contact or sexual intercourse with any person who is in the officer's custody or a person who the officer knows or has reason to know is the subject of an investigation," but providing an exception for when the officer is…”
John Doe v. Dep't of Pub. Saf., 444 P.3d 116 (Alaska 2019). “420 ; AS 11.41.425 ; AS 11.41.427 ; AS 11.41.436 ; AS 11.”
Simon v. State, 121 P.3d 815 (Alaska Ct. App. 2005). “17 Having independently reviewed the record in Simon’s case, we do not find that the judge’s decision is clearly mistaken.”
Reandeau v. State, 265 P.3d 1045 (Alaska Ct. App. 2011). “As Reandeau notes in footnote 15 of his opening brief, the superior court's written judgement erroneously describes Reandeau's crime of third-degree sexual assault as a violation of AS 11.41.425(a)(1)(A), which prohibits sexual contact with a mentally incapable person.”
Coffin v. State, 425 P.3d 172 (Alaska Ct. App. 2018). “case, the defense attorney's acquiescence in the mid-deliberation substitution, and the widespread acceptance of this practice in other jurisdictions, we conclude that the substitution of the alternate juror for a regular juror after deliberations had already begun-although…”
Herreid v. State, 69 P.3d 507 (Alaska Ct. App. 2003). “AS 11.41.425(@a). 2 . See AS 12.63.100(6)(C)@.”
Whitehead v. State, 985 P.2d 1019 (Alaska Ct. App. 1999). “AS 11.41.425(a)(2) and/or (3). 5 . See Roman v.”
Ferguson v. State, 242 P.3d 1042 (Alaska Ct. App. 2010). “[3] AS 11.41.425(a)(1)(B) (definition of the crime); AS 11.”
Miller v. State, 44 P.3d 157 (Alaska Ct. App. 2002). “Miller's second argument is that he believed that his victim was asleep, and therefore his conduct was factually closer to the offense of attempted third-degree sexual assault under AS 11.41.425(a)(1)(C)-engaging in sexual contact with a person who the offender knows is unaware…”
Bridge v. State, 258 P.3d 923 (Alaska Ct. App. 2011). “See AS 11.41.425(a)(@2). . See AS 11.56.375, .”
Aaron J. Fedolfi v. State of Alaska, 456 P.3d 999 (Alaska Ct. App. 2019). “Fedolfi was charged with attempted sexual assault under a subsection of AS 11.41.425 that applies specifically to peace officers.”
Michael D. Logan Jr. v. State of Alaska (Alaska Ct. App. 2024). “The jury also found Logan guilty of third- degree sexual assault for the same conduct (under former AS 11.41.425(a)(1)(B) (2018)), and the two counts merged.”
— Alaska Stat. § 11.41.425(a) — 1 case
Bridge v. State, 258 P.3d 923 (Alaska Ct. App. 2011). “See AS 11.41.425(a)(@2). . See AS 11.56.375, .”
— Alaska Stat. § 11.41.425(a)(1)(A) — 1 case
Reandeau v. State, 265 P.3d 1045 (Alaska Ct. App. 2011). “As Reandeau notes in footnote 15 of his opening brief, the superior court's written judgement erroneously describes Reandeau's crime of third-degree sexual assault as a violation of AS 11.41.425(a)(1)(A), which prohibits sexual contact with a mentally incapable person.”
— Alaska Stat. § 11.41.425(a)(1)(B) — 4 cases
Coffin v. State, 425 P.3d 172 (Alaska Ct. App. 2018). “case, the defense attorney's acquiescence in the mid-deliberation substitution, and the widespread acceptance of this practice in other jurisdictions, we conclude that the substitution of the alternate juror for a regular juror after deliberations had already begun-although…”
Reandeau v. State, 265 P.3d 1045 (Alaska Ct. App. 2011). “As Reandeau notes in footnote 15 of his opening brief, the superior court's written judgement erroneously describes Reandeau's crime of third-degree sexual assault as a violation of AS 11.41.425(a)(1)(A), which prohibits sexual contact with a mentally incapable person.”
Ferguson v. State, 242 P.3d 1042 (Alaska Ct. App. 2010). “[3] AS 11.41.425(a)(1)(B) (definition of the crime); AS 11.”
Michael D. Logan Jr. v. State of Alaska (Alaska Ct. App. 2024). “The jury also found Logan guilty of third- degree sexual assault for the same conduct (under former AS 11.41.425(a)(1)(B) (2018)), and the two counts merged.”
— Alaska Stat. § 11.41.425(a)(1)(C) — 6 cases
Miller v. State, 44 P.3d 157 (Alaska Ct. App. 2002). “Miller's second argument is that he believed that his victim was asleep, and therefore his conduct was factually closer to the offense of attempted third-degree sexual assault under AS 11.41.425(a)(1)(C)-engaging in sexual contact with a person who the offender knows is unaware…”
Slaikeu v. Milburn (D. Alaska 2023).
Slaikeu v. Milburn (D. Alaska 2023).
Gareth Northway v. Denali Nanook Legal Servs. & Jeff Thompson; Gareth Northway v. State of Alaska; Gareth Northway v. State of Alaska (D. Alaska 2026).
Northway (D. Alaska 2026).
— Alaska Stat. § 11.41.425(a)(2) — 2 cases
Whitehead v. State, 985 P.2d 1019 (Alaska Ct. App. 1999). “AS 11.41.425(a)(2) and/or (3). 5 . See Roman v.”
Bridge v. State, 258 P.3d 923 (Alaska Ct. App. 2011). “See AS 11.41.425(a)(@2). . See AS 11.56.375, .”
— Alaska Stat. § 11.41.425(a)(4) — 1 case
Aaron J. Fedolfi v. State of Alaska, 456 P.3d 999 (Alaska Ct. App. 2019). “Fedolfi was charged with attempted sexual assault under a subsection of AS 11.41.425 that applies specifically to peace officers.”
— Alaska Stat. § 11.41.425(b) — 2 cases
Simon v. State, 121 P.3d 815 (Alaska Ct. App. 2005). “17 Having independently reviewed the record in Simon’s case, we do not find that the judge’s decision is clearly mistaken.”
Ferguson v. State, 242 P.3d 1042 (Alaska Ct. App. 2010). “[3] AS 11.41.425(a)(1)(B) (definition of the crime); AS 11.”
— Alaska Stat. § 11.41.425(c) — 1 case
Aaron J. Fedolfi v. State of Alaska, 456 P.3d 999 (Alaska Ct. App. 2019). “Fedolfi was charged with attempted sexual assault under a subsection of AS 11.41.425 that applies specifically to peace officers.”
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