Alaska Statutes

Alaska Stat. § 11.41.450 (2026)

Incest

✓ current as of July 2026
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Sec. 11.41.450. Incest.
 (a) A person commits the crime of incest if, being 18 years of age or older, that person engages in sexual penetration with another who is related, either legitimately or illegitimately, as
     (1) an ancestor or descendant of the whole or half blood;

     (2) a brother or sister of the whole or half blood; or

     (3) an uncle, aunt, nephew, or niece by blood.

 (b) Incest is a class C felony.




Notes of Decisions
Cited in 16 cases (1 in the last 5 years), 1985–2023 · leading case: Alaska Civil Liberties Union v. State, 122 P.3d 781 (Alaska 2005).
Alaska Civil Liberties Union v. State, 122 P.3d 781 (Alaska 2005). · cites it 2× “AS 11.41.450 classifies incest as a class C felony.”
Commonwealth v. Rahim, 805 N.E.2d 13 (Mass. 2004). · cites it 2× “See Alaska Stat. § 11.41.450 (LexisNexis 2002); Ariz.”
Bingaman v. State, 76 P.3d 398 (Alaska Ct. App. 2003). “Incest, defined in AS 11.41.450(a), consists of engaging in consensual sexual penetration with (1) an ancestor or descendant, (2) a sibling, or (3) an aunt, uncle, niece, or nephew by blood.”
Alvarado v. State, 440 P.3d 329 (Alaska Ct. App. 2019). · cites it 3× “434(a)(2) (sexual penetration of a child by a parent), and (3) incest under AS 11.41.450(a)(1) (sexual penetration of a descendant).”
Pruett v. State, 742 P.2d 257 (Alaska Ct. App. 1987). “See former AS 11.41.450. The court reversed, as too severe, a forty-year sentence with twenty years suspended, concluding that a maximum sentence in the range of ten to fifteen years should be imposed.”
Rowe v. Burton, 884 F. Supp. 1372 (D. Alaska 1994). “By excluding commission of the crime in the fourth degree, the legislature has excluded persons under the age of sixteen from the duty to register. See AS 11.41.440. Juveniles cannot be prosecuted for the other crimes for which registration is required unless they are deemed…”
Paul v. State, 57 P.3d 698 (Alaska Ct. App. 2002). “had unlawfully seized it fails. Conclusion We conclude that Judge Zervos did not err in refusing to suppress evidence which the police obtained from viewing the videotape.”
Harmon v. State, 11 P.3d 393 (Alaska Ct. App. 2000). · cites it 3× “AS 11.41.450(a)(2), a class C felony. 3 .”
Theodore v. State, 692 P.2d 987 (Alaska Ct. App. 1985). · cites it 8× “I concur in this court’s judgment affirming Theodore’s sentence of five years with two years suspended for incest, a class C felony, AS 11.41.450. The facts establish that Theodore had sexual contact with his daughter, from the time she was eight or nine years of age, and…”
Alvarado v. State (Alaska Ct. App. 2019). · cites it 3× “See AS 11.41.450(a)(1). –2– 2636 For the reasons explained here, we conclude that the State’s concessions are well-founded.”
Sj v. Lt, 727 P.2d 789 (Alaska 1986). “It does not describe the conduct prohibited by AS 11.41.450. [7] My reading of the majority's opinion suggests that on remand the trial court could make further findings on the consensual nature of S.”
United States v. Captain ADAM J. MYER (A.C.C.A. 2019). “Code § 13A-13-3 (vaginal intercourse required); Alaska Stat. § 11.41.450 (blood relationship required); N.”
— Alaska Stat. § 11.41.450(a) — 2 cases
Bingaman v. State, 76 P.3d 398 (Alaska Ct. App. 2003). “Incest, defined in AS 11.41.450(a), consists of engaging in consensual sexual penetration with (1) an ancestor or descendant, (2) a sibling, or (3) an aunt, uncle, niece, or nephew by blood.”
Paul v. State, 57 P.3d 698 (Alaska Ct. App. 2002). “had unlawfully seized it fails. Conclusion We conclude that Judge Zervos did not err in refusing to suppress evidence which the police obtained from viewing the videotape.”
— Alaska Stat. § 11.41.450(a)(1) — 6 cases
Alvarado v. State, 440 P.3d 329 (Alaska Ct. App. 2019). “434(a)(2) (sexual penetration of a child by a parent), and (3) incest under AS 11.41.450(a)(1) (sexual penetration of a descendant).”
Alvarado v. State (Alaska Ct. App. 2019). “See AS 11.41.450(a)(1). –2– 2636 For the reasons explained here, we conclude that the State’s concessions are well-founded.”
Theodore v. State, 692 P.2d 987 (Alaska Ct. App. 1985). “I concur in this court’s judgment affirming Theodore’s sentence of five years with two years suspended for incest, a class C felony, AS 11.41.450. The facts establish that Theodore had sexual contact with his daughter, from the time she was eight or nine years of age, and…”
Adam Keith Kasgnoc Sr. v. State of Alaska, 448 P.3d 883 (Alaska Ct. App. 2019).
Newcomb v. State of Alaska (D. Alaska 2023).
— Alaska Stat. § 11.41.450(a)(2) — 1 case
Harmon v. State, 11 P.3d 393 (Alaska Ct. App. 2000). “AS 11.41.450(a)(2), a class C felony. 3 .”
— Alaska Stat. § 11.41.450(b) — 1 case
Theodore v. State, 692 P.2d 987 (Alaska Ct. App. 1985). “I concur in this court’s judgment affirming Theodore’s sentence of five years with two years suspended for incest, a class C felony, AS 11.41.450. The facts establish that Theodore had sexual contact with his daughter, from the time she was eight or nine years of age, and…”
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