Alaska Statutes
Alaska Stat. § 11.41.445 (2026)
General provisions
✓ current as of July 2026
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Sec. 11.41.445. General provisions.
(a) In a prosecution under AS 11.41.434 — 11.41.440 it is an affirmative defense that, at the time of the alleged offense, the victim was the legal spouse of the defendant unless the offense was committed without the consent of the victim.
(b) In a prosecution under AS 11.41.410 — 11.41.440, whenever a provision of law defining an offense depends upon a victim's being under a certain age, it is an affirmative defense that, at the time of the alleged offense, the defendant
(1) reasonably believed the victim to be that age or older; and
(2) undertook reasonable measures to verify that the victim was that age or older.
(c) In a prosecution under AS 11.41.410 — 11.41.427, where consent is at issue,
(1) an expression of lack of consent through words or conduct means there is no consent; an expression of lack of consent under this paragraph does not require verbal or physical resistance and may include inaction;
(2) a current or previous dating, social, or sexual relationship between the defendant and the person involved with the defendant in the conduct at issue may not by itself constitute consent;
(3) a person cannot consent if the person is fraudulently made to believe that the sexual act serves a professional purpose; in this paragraph, “professional purpose” means an act the defendant has represented as a necessary part or component of a provided service, part of the routine course of a procedure, or a component of the defendant's profession that would occur if a person sought services from another practitioner in the same field as the defendant.
(a) In a prosecution under AS 11.41.434 — 11.41.440 it is an affirmative defense that, at the time of the alleged offense, the victim was the legal spouse of the defendant unless the offense was committed without the consent of the victim.
(b) In a prosecution under AS 11.41.410 — 11.41.440, whenever a provision of law defining an offense depends upon a victim's being under a certain age, it is an affirmative defense that, at the time of the alleged offense, the defendant
(1) reasonably believed the victim to be that age or older; and
(2) undertook reasonable measures to verify that the victim was that age or older.
(c) In a prosecution under AS 11.41.410 — 11.41.427, where consent is at issue,
(1) an expression of lack of consent through words or conduct means there is no consent; an expression of lack of consent under this paragraph does not require verbal or physical resistance and may include inaction;
(2) a current or previous dating, social, or sexual relationship between the defendant and the person involved with the defendant in the conduct at issue may not by itself constitute consent;
(3) a person cannot consent if the person is fraudulently made to believe that the sexual act serves a professional purpose; in this paragraph, “professional purpose” means an act the defendant has represented as a necessary part or component of a provided service, part of the routine course of a procedure, or a component of the defendant's profession that would occur if a person sought services from another practitioner in the same field as the defendant.
Notes of Decisions
Cited in 13
cases (1 in the last 5 years), 1983–2025 · leading case: Steve v. State, 875 P.2d 110 (Alaska Ct. App. 1994).
Steve v. State, 875 P.2d 110 (Alaska Ct. App. 1994). “Under AS 11.41.445(b), a defendant charged with sexual abuse of a minor older than 13 but younger than 16 can defend by showing that he or she reasonably believed that the child was older than 16.”
United States v. Wilson, 66 M.J. 39 (C.A.A.F. 2008). “See Alaska Stat. § 11.41.445 (b) (2007); N.M.”
Doe v. State, 189 P.3d 999 (Alaska 2008). “AS 11.41.445(b) provides: In a prosecution under AS 11.”
State v. Fremgen, 889 P.2d 1083 (Alaska Ct. App. 1995). “2 AS 11.41.445(b) establishes an affirmative defense to charges of sexual abuse of a minor and provides: In a prosecution under AS 11.”
Johnson v. State, 967 S.W.2d 848 (Tex. Crim. App. 1998). “See Alaska Stat. § 11.41.445 (b) (1997); Or.Rev.”
State v. Huggins, 665 P.2d 1053 (Idaho 1983). “While at least two states have enacted similar statutory schemes expressly stating that nonmarriage is to be an affirmative defense to the crime of rape, Alaska Stat. § 11.41.445 (1980); Me.Rev.Stat.”
Jordan & Letendre v. State, 367 P.3d 41 (Alaska Ct. App. 2016). “At the time of Fremgen's offense, the pertinent statute, AS 11.41.445(b), allowed defendanis to raise the affirmative defense that they acted under a reasonable mistake as to their sexual partner's age-but only if the victim was at least 13 years of age.”
Kelly v. State, 116 P.3d 602 (Alaska Ct. App. 2005). “Under AS 11.41.445(b), Kelly had a defense to the charge of sexual abuse of a minor if he could prove that he honestly and reasonably believed that K.”
Peters v. State, 943 P.2d 418 (Alaska Ct. App. 1997). “Recognizing that it is an affirmative defense to a charge of sexual abuse of a minor that the defendant reasonably believed the victim to be over sixteen years of age, AS 11.41.445(b), the parties reached a plea agreement whereby the felony charges would be dismissed and Peters…”
Lechner v. State, 715 N.E.2d 1285 (Ind. Ct. App. 1999). “, Alaska Stat. § 11.41.445 (b) (when provision of law defining an offense depends upon a victim being under a certain age, it is an affirmative defense that the defendant reasonably believed the victim to be that age or older, unless the victim is under 13); Ariz.”
Jager v. State, 748 P.2d 1172 (Alaska Ct. App. 1988). “Jager contends that his proposed instruction tracks AS 11.41.445 and the instruction approved in State v.”
Con Lysle Compton v. State of Alaska (Alaska Ct. App. 2025). “166, § 3; former AS 11.41.445(b) (1980 to 2002); AS 11.41.”
— Alaska Stat. § 11.41.445(b) — 8 cases
Steve v. State, 875 P.2d 110 (Alaska Ct. App. 1994). “Under AS 11.41.445(b), a defendant charged with sexual abuse of a minor older than 13 but younger than 16 can defend by showing that he or she reasonably believed that the child was older than 16.”
Doe v. State, 189 P.3d 999 (Alaska 2008). “AS 11.41.445(b) provides: In a prosecution under AS 11.”
State v. Fremgen, 889 P.2d 1083 (Alaska Ct. App. 1995). “2 AS 11.41.445(b) establishes an affirmative defense to charges of sexual abuse of a minor and provides: In a prosecution under AS 11.”
Jordan & Letendre v. State, 367 P.3d 41 (Alaska Ct. App. 2016). “At the time of Fremgen's offense, the pertinent statute, AS 11.41.445(b), allowed defendanis to raise the affirmative defense that they acted under a reasonable mistake as to their sexual partner's age-but only if the victim was at least 13 years of age.”
Kelly v. State, 116 P.3d 602 (Alaska Ct. App. 2005). “Under AS 11.41.445(b), Kelly had a defense to the charge of sexual abuse of a minor if he could prove that he honestly and reasonably believed that K.”
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