Alaska Statutes
Alaska Stat. § 11.46.340 (2026)
Defense: emergency use of premises
✓ current as of July 2026
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Sec. 11.46.340. Defense: emergency use of premises.
In a prosecution under AS 11.46.300, 11.46.310, 11.46.320, or 11.46.330(a)(1), it is an affirmative defense that
(1) the entry, use, or occupancy of premises or use of personal property on the premises is for an emergency in the case of immediate and dire need; and
(2) as soon as reasonably practical after the entry, use, or occupancy, the person contacts the owner of the premises, the owner's agent or, if the owner is unknown, the nearest state or local police agency, and makes a report of the time of the entry, use, or occupancy and any damage to the premises or personal property, unless notice waiving necessity of the report is posted on the premises by the owner or the owner's agent.
In a prosecution under AS 11.46.300, 11.46.310, 11.46.320, or 11.46.330(a)(1), it is an affirmative defense that
(1) the entry, use, or occupancy of premises or use of personal property on the premises is for an emergency in the case of immediate and dire need; and
(2) as soon as reasonably practical after the entry, use, or occupancy, the person contacts the owner of the premises, the owner's agent or, if the owner is unknown, the nearest state or local police agency, and makes a report of the time of the entry, use, or occupancy and any damage to the premises or personal property, unless notice waiving necessity of the report is posted on the premises by the owner or the owner's agent.
Notes of Decisions
Cited in 1
case, 2007–2007 · leading case: Pastos v. State, 157 P.3d 1066 (Alaska Ct. App. 2007).
Pastos v. State, 157 P.3d 1066 (Alaska Ct. App. 2007). “220 (defining the crime of fifth-degree weapons misconduct, which includes failing to apprise a police officer that you are carrying a concealed weapon); AS 11.46.340 (defining emergency use of premises as a defense to a prosecution for burglary or criminal trespass); AS 18.”
— Alaska Stat. § 11.46.340(2) — 1 case
Pastos v. State, 157 P.3d 1066 (Alaska Ct. App. 2007). “220 (defining the crime of fifth-degree weapons misconduct, which includes failing to apprise a police officer that you are carrying a concealed weapon); AS 11.46.340 (defining emergency use of premises as a defense to a prosecution for burglary or criminal trespass); AS 18.”
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