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Alaska Stat. § 11.41.470 (2026)

Definitions

✓ current as of July 2026
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Sec. 11.41.470. Definitions.
Article 5. Robbery, Extortion, and Coercion.
For purposes of AS 11.41.410 — 11.41.470, unless the context requires otherwise,
     (1) “health care worker” includes a person who is or purports to be an acupuncturist, advanced practice registered nurse, anesthesiologist, certified direct-entry midwife, chiropractor, dentist, health aide, hypnotist, massage therapist, mental health counselor, midwife, nurse, occupational therapist, occupational therapy assistant, osteopath, naturopath, physical therapist, physical therapist assistant, physician, physician assistant, psychiatrist, psychological associate, psychologist, radiologist, religious healing practitioner, surgeon, x-ray technician, or a substantially similar position;

     (2) “incapacitated” means temporarily incapable of appraising the nature of one's own conduct or physically unable to express unwillingness to act;

     (3) “juvenile facility staff” has the meaning given in AS 11.41.425(b);

     (4) “legal guardian” means a person who is under a duty to exercise general supervision over a minor or other person committed to the custody of the Department of Family and Community Services under AS 47.10 or AS 47.12 as a result of a court order, statute, or regulation, and includes Department of Family and Community Services employees, foster parents, and staff members and other employees of treatment institutions, group homes, or youth facilities where the minor or other person is placed as a result of a court order or the action of the Department of Family and Community Services, and police officers, juvenile and adult probation officers, and social workers when those persons are exercising custodial control over a minor or other person;

     (5) “mentally incapable” means suffering from a mental disease or defect that renders the person incapable of understanding the nature or consequences of the person's conduct, including the potential for harm to that person;

     (6) “position of authority” means one of the following, or a person in a substantially similar position: an employer, youth leader, scout leader, coach, teacher, counselor, school administrator, religious leader, doctor, nurse, psychologist, guardian ad litem, babysitter, police officer, correctional employee, juvenile facility staff, staff member of a treatment institution, or juvenile or adult probation officer other than when the officer or staff member is exercising custodial control over a minor;

     (7) “sexual act” means sexual penetration or sexual contact;

     (8) “treatment institution” has the meaning given in AS 47.14.990;

     (9) “victim” means the person alleged to have been subjected to sexual assault in any degree or sexual abuse of a minor in any degree;

     (10) “without consent” means that, under the totality of the circumstances surrounding the offense, there was not a freely given, reversible agreement specific to the conduct at issue; in this paragraph, “freely given” means agreement to cooperate in the act was positively expressed by word or action.




Notes of Decisions
Cited in 46 cases (9 in the last 5 years), 1982–2025 · leading case: Wurthmann v. State, 27 P.3d 762 (Alaska Ct. App. 2001).
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Wurthmann v. State, 27 P.3d 762 (Alaska Ct. App. 2001). · cites it 26× “We agree with Wurthmann that this change in the wording in the first-degree sexual abuse statute has only one reasonable explanation: the legislature intended to distinguish between an individual who lives in the same household and "has authority" over a child and one who…”
Inga v. State, 440 P.3d 345 (Alaska Ct. App. 2019). · cites it 15× “’s breasts “without consent” as that term is defined in AS 11.41.470(8)(A). 1 AS 11.41.420(a)(1) and AS 11.”
Wilson v. State, 670 P.2d 1149 (Alaska Ct. App. 1983). · cites it 4× “AS 11.41.470 provides certain statutory definitions for use with the sexual assault statutes: Definitions.”
State v. Thompson, 435 P.3d 947 (Alaska 2019). · cites it 13× “" AS 11.41.470(2). "[M]entally incapable" is defined as "suffering from a mental disease or defect that renders the person incapable of understanding the nature or consequences of the person's conduct, including the potential for harm to that person.”
Jackson v. State, 890 P.2d 587 (Alaska Ct. App. 1995). · cites it 2× “]” AS 11.41.470(2). 4 Although Alaska courts have never decided whether expert testimony must be presented to prove a victim’s mental incapacity in a second-degree sexual assault prosecution, other jurisdictions have held that no such requirement exists: Evidence which…”
Cleveland v. State, 143 P.3d 977 (Alaska Ct. App. 2006). · cites it 2× “(The term “incapacitated” is defined in AS 11.41.470(2) as meaning “temporarily incapable of appraising the nature of one’s own conduct or physically unable to express unwillingness to act”.”
Jose Alfredo Galindo v. State of Alaska, 481 P.3d 686 (Alaska Ct. App. 2021). · cites it 2× “, (2) that the sexual penetration was “without consent,” as that phrase is defined in AS 11.41.470(8)(A), and (3) that Galindo recklessly disregarded J.”
Cora G. v. State of Alaska, DHSS, OCS, Justin D. v. State of Alaska, DHSS, OCS, 461 P.3d 1265 (Alaska 2020). “10 The court of appeals held that the defendant’s failure to object to the physician’s qualifications constituted a waiver of this issue.11 In this case, the State presented substantial evidence that Carlos suffered from mental injury as defined by AS 47.”
United States v. Navarro, 608 F.3d 529 (9th Cir. 2010). “1(c)(1) (defining intimidation of witnesses to include “an express or implied threat of force or violence” against the witness); Haw.”
Jill Y. v. Casey Y., 463 P.3d 833 (Alaska 2020). · cites it 3× “470(3)(A)) (holding that legislature’s elimination of common law requirement of resistance in sexual assault statute warranted additional mens rea requirement to mitigate risk of conviction despite defendant’s honest, reasonable belief that victim gave consent). 16 AS…”
Ritter v. State, 16 P.3d 191 (Alaska Ct. App. 2001). · cites it 3× “This case is remanded to the superior court for further proceedings consistent with our decision. 1 . Under this statute, an act of sexual penetration or sexual contact is "without consent" if the victim "is coerced by the use of force .”
Juneby v. State, 665 P.2d 30 (Alaska Ct. App. 1983). “AS 11.41.470(3) provides: (3) “without consent” means that a person (A) with or without resisting, is coerced by the use of force against a person or property, or by the express or implied threat of imminent death, imminent physical injury, or imminent kidnapping to be inflicted…”
Show all 46 citing cases →
— Alaska Stat. § 11.41.470(1) — 2 cases
Wilson v. State, 670 P.2d 1149 (Alaska Ct. App. 1983). “AS 11.41.470 provides certain statutory definitions for use with the sexual assault statutes: Definitions.”
Ritter v. State, 16 P.3d 191 (Alaska Ct. App. 2001). “This case is remanded to the superior court for further proceedings consistent with our decision. 1 . Under this statute, an act of sexual penetration or sexual contact is "without consent" if the victim "is coerced by the use of force .”
— Alaska Stat. § 11.41.470(10) — 1 case
Eric Gomez v. State of Alaska, 516 P.3d 879 (Alaska Ct. App. 2022).
— Alaska Stat. § 11.41.470(2) — 7 cases
Jackson v. State, 890 P.2d 587 (Alaska Ct. App. 1995). “]” AS 11.41.470(2). 4 Although Alaska courts have never decided whether expert testimony must be presented to prove a victim’s mental incapacity in a second-degree sexual assault prosecution, other jurisdictions have held that no such requirement exists: Evidence which…”
Cleveland v. State, 143 P.3d 977 (Alaska Ct. App. 2006). “(The term “incapacitated” is defined in AS 11.41.470(2) as meaning “temporarily incapable of appraising the nature of one’s own conduct or physically unable to express unwillingness to act”.”
King v. State, 978 P.2d 1278 (Alaska Ct. App. 1999).
Ragsdale v. State, 23 P.3d 653 (Alaska Ct. App. 2001).
Charlie Willie Steven v. State of Alaska, 539 P.3d 880 (Alaska Ct. App. 2023).
— Alaska Stat. § 11.41.470(3) — 2 cases
Juneby v. State, 665 P.2d 30 (Alaska Ct. App. 1983). “AS 11.41.470(3) provides: (3) “without consent” means that a person (A) with or without resisting, is coerced by the use of force against a person or property, or by the express or implied threat of imminent death, imminent physical injury, or imminent kidnapping to be inflicted…”
Nathaniel v. State, 668 P.2d 851 (Alaska Ct. App. 1983).
— Alaska Stat. § 11.41.470(3)(A) — 6 cases
Reynolds v. State, 664 P.2d 621 (Alaska Ct. App. 1983).
Hartley v. State, 653 P.2d 1052 (Alaska Ct. App. 1982).
Jill Y. v. Casey Y., 463 P.3d 833 (Alaska 2020). “470(3)(A)) (holding that legislature’s elimination of common law requirement of resistance in sexual assault statute warranted additional mens rea requirement to mitigate risk of conviction despite defendant’s honest, reasonable belief that victim gave consent). 16 AS…”
S.J. v. L.T., 727 P.2d 789 (Alaska 1986).
Con Lysle Compton v. State of Alaska (Alaska Ct. App. 2025).
— Alaska Stat. § 11.41.470(3)(B) — 1 case
Wilson v. State, 670 P.2d 1149 (Alaska Ct. App. 1983). “AS 11.41.470 provides certain statutory definitions for use with the sexual assault statutes: Definitions.”
— Alaska Stat. § 11.41.470(4) — 3 cases
Cora G. v. State of Alaska, DHSS, OCS, Justin D. v. State of Alaska, DHSS, OCS, 461 P.3d 1265 (Alaska 2020). “10 The court of appeals held that the defendant’s failure to object to the physician’s qualifications constituted a waiver of this issue.11 In this case, the State presented substantial evidence that Carlos suffered from mental injury as defined by AS 47.”
Ragsdale v. State, 23 P.3d 653 (Alaska Ct. App. 2001).
State v. Thompson, 435 P.3d 947 (Alaska 2019). “" AS 11.41.470(2). "[M]entally incapable" is defined as "suffering from a mental disease or defect that renders the person incapable of understanding the nature or consequences of the person's conduct, including the potential for harm to that person.”
— Alaska Stat. § 11.41.470(5) — 7 cases
Wurthmann v. State, 27 P.3d 762 (Alaska Ct. App. 2001). “We agree with Wurthmann that this change in the wording in the first-degree sexual abuse statute has only one reasonable explanation: the legislature intended to distinguish between an individual who lives in the same household and "has authority" over a child and one who…”
State v. Thompson, 435 P.3d 947 (Alaska 2019). “" AS 11.41.470(2). "[M]entally incapable" is defined as "suffering from a mental disease or defect that renders the person incapable of understanding the nature or consequences of the person's conduct, including the potential for harm to that person.”
Simants v. State, 329 P.3d 1033 (Alaska Ct. App. 2014).
Edwards v. State, 158 P.3d 847 (Alaska Ct. App. 2007).
Thompson v. State, 378 P.3d 707 (Alaska Ct. App. 2016).
— Alaska Stat. § 11.41.470(6) — 1 case
Con Lysle Compton v. State of Alaska (Alaska Ct. App. 2025).
— Alaska Stat. § 11.41.470(8) — 8 cases
Jill Y. v. Casey Y., 463 P.3d 833 (Alaska 2020). “470(3)(A)) (holding that legislature’s elimination of common law requirement of resistance in sexual assault statute warranted additional mens rea requirement to mitigate risk of conviction despite defendant’s honest, reasonable belief that victim gave consent). 16 AS…”
Ritter v. State, 97 P.3d 73 (Alaska Ct. App. 2004).
Joseph v. State, 293 P.3d 488 (Alaska Ct. App. 2012).
Miller v. State, 44 P.3d 157 (Alaska Ct. App. 2002).
Richard Dorsey v. State of Alaska, 480 P.3d 1211 (Alaska Ct. App. 2021).
— Alaska Stat. § 11.41.470(8)(A) — 11 cases
Inga v. State, 440 P.3d 345 (Alaska Ct. App. 2019). “’s breasts “without consent” as that term is defined in AS 11.41.470(8)(A). 1 AS 11.41.420(a)(1) and AS 11.”
Jose Alfredo Galindo v. State of Alaska, 481 P.3d 686 (Alaska Ct. App. 2021). “, (2) that the sexual penetration was “without consent,” as that phrase is defined in AS 11.41.470(8)(A), and (3) that Galindo recklessly disregarded J.”
Ritter v. State, 16 P.3d 191 (Alaska Ct. App. 2001). “This case is remanded to the superior court for further proceedings consistent with our decision. 1 . Under this statute, an act of sexual penetration or sexual contact is "without consent" if the victim "is coerced by the use of force .”
McGill v. State, 18 P.3d 77 (Alaska Ct. App. 2001).
State of Alaska v. Thomas A. Mayfield, 442 P.3d 794 (Alaska Ct. App. 2019).
— Alaska Stat. § 11.41.470(8)(B) — 3 cases
State of Alaska v. Thomas A. Mayfield, 442 P.3d 794 (Alaska Ct. App. 2019).
Richard Dorsey v. State of Alaska, 480 P.3d 1211 (Alaska Ct. App. 2021).
Heather R. v. Justin L. (Alaska 2021).
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