Alaska Statutes
Alaska Stat. § 11.51.120 (2026)
Criminal nonsupport
✓ current as of July 2026
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Sec. 11.51.120. Criminal nonsupport.
(a) A person commits the crime of criminal nonsupport if, being a person legally charged with the support of a child the person knowingly fails, without lawful excuse, to provide support for the child.
(b) As used in this section “support” includes necessary food, care, clothing, shelter, medical attention, and education. There is no failure to provide medical attention to a child if the child is provided treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by an accredited practitioner of the church or denomination.
(c) Except as provided in (d) of this section, criminal nonsupport is a class A misdemeanor.
(d) Criminal nonsupport is a class C felony if the support the person failed to provide is monetary support required by a court or administrative order from this or another jurisdiction and, at the time the person knowingly failed, without lawful excuse, to provide the support,
(1) the aggregate amount of accrued monetary child support arrearage is $20,000 or more;
(2) no child support payment has been made for a period of 24 consecutive months or more; or
(3) the person had been previously convicted under this section or a similar provision in another jurisdiction and
(A) the aggregate amount of accrued monetary child support arrearage is $5,000 or more; or
(B) no child support payment has been made for a period of six months or more.
(e) In addition to the provisions of (c) and (d) of this section, criminal nonsupport is punishable by loss or restriction of a recreational license as provided in AS 12.55.139.
(f) In this section,
(1) “child” means a person
(A) under 18 years of age; or
(B) 18 years of age or older for whom a person is ordered to pay support under a valid court or administrative order;
(2) “child support” means support for a child;
(3) “without lawful excuse” means having the financial ability to provide support or having the capacity to acquire that ability through the exercise of reasonable efforts.
(a) A person commits the crime of criminal nonsupport if, being a person legally charged with the support of a child the person knowingly fails, without lawful excuse, to provide support for the child.
(b) As used in this section “support” includes necessary food, care, clothing, shelter, medical attention, and education. There is no failure to provide medical attention to a child if the child is provided treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by an accredited practitioner of the church or denomination.
(c) Except as provided in (d) of this section, criminal nonsupport is a class A misdemeanor.
(d) Criminal nonsupport is a class C felony if the support the person failed to provide is monetary support required by a court or administrative order from this or another jurisdiction and, at the time the person knowingly failed, without lawful excuse, to provide the support,
(1) the aggregate amount of accrued monetary child support arrearage is $20,000 or more;
(2) no child support payment has been made for a period of 24 consecutive months or more; or
(3) the person had been previously convicted under this section or a similar provision in another jurisdiction and
(A) the aggregate amount of accrued monetary child support arrearage is $5,000 or more; or
(B) no child support payment has been made for a period of six months or more.
(e) In addition to the provisions of (c) and (d) of this section, criminal nonsupport is punishable by loss or restriction of a recreational license as provided in AS 12.55.139.
(f) In this section,
(1) “child” means a person
(A) under 18 years of age; or
(B) 18 years of age or older for whom a person is ordered to pay support under a valid court or administrative order;
(2) “child support” means support for a child;
(3) “without lawful excuse” means having the financial ability to provide support or having the capacity to acquire that ability through the exercise of reasonable efforts.
Notes of Decisions
Cited in 20
cases (2 in the last 5 years), 1984–2022 · leading case: Taylor v. State, 710 P.2d 1019 (Alaska Ct. App. 1985).
Taylor v. State, 710 P.2d 1019 (Alaska Ct. App. 1985). “The commentary to AS 11.51.120 states, in relevant part: The nonsupport statute, a class A misdemeanor, is based on existing AS 11.”
Dowling v. Dowling, 679 P.2d 480 (Alaska 1984). “Second, AS 11.51.120 states that a person is criminally liable if, "being a person legally charged with the support of a child under 18 years of age, he fails without lawful excuse to provide support for the child.”
Wells v. State, 102 P.3d 972 (Alaska Ct. App. 2004). “, a mother was convicted of criminal non-support, AS 11.51.120(a), for failing to provide her children with "necessary medical attention" after the children were injured by acts of physical abuse perpetrated by her husband.”
Michael v. State, 767 P.2d 193 (Alaska Ct. App. 1988). “In Olp we were asked to determine whether a stepparent could be convicted for nonsupport of his stepchild under AS 11.51.120. That statute provided that a person was guilty of a failure to provide support if he was "legally charged with the support of a child under 18 years of…”
Sluka v. State, 717 P.2d 394 (Alaska Ct. App. 1986). “Watts was convicted, after a jury trial, of criminal non-support, AS 11.51.120. Sluka was convicted, after a jury trial, of assault in the second degree, AS 11.”
Olp v. State, 738 P.2d 1117 (Alaska Ct. App. 1987). “230(a)(1), and three counts of criminal nonsupport, a class A misdemeanor, AS 11.51.120. He received concurrent sentences of ten years with five years suspended for each count of sexual abuse of a minor in the second degree, a concurrent sentence of one year for each of the…”
Lengele v. State, 295 P.3d 931 (Alaska Ct. App. 2013). “AS 11.51.120(00(3). . Heaps v. State, 30 P.”
UNITED STATES of Am., Plaintiff-Appellee, v. Jeffrey A. BALLEK, Defendant-Appellant, 170 F.3d 871 (9th Cir. 1999). “See Alaska Stat. § 11.51.120 (Michie 1998); see also Frances W.”
United States v. Mussari, 894 F. Supp. 1360 (D. Ariz. 1995). “, Alaska Stat. § 11.51.120 (1994); Ariz. Rev.”
Brown v. State, 435 P.3d 989 (Alaska Ct. App. 2018). “*991 Daniel Lee Brown appeals his conviction for criminal nonsupport, AS 11.51.120(a). As defined in this statute, a person commits criminal nonsupport if they are legally responsible for the support of a child and if, without lawful excuse, they knowingly fail to provide…”
Millo v. Delius, 872 F. Supp. 2d 867 (D. Alaska 2012). “” 77 And AS 11.51.120(a) states that a person is criminally liable if, “being a person legally charged with the support of a child, the person fails without lawful excuse, to provide support for the child.”
State v. Brueggeman, 24 P.3d 583 (Alaska Ct. App. 2001). “NOTES [1] When the state appeals a sentence as too lenient but the defendant does not appeal the sentence as excessive, we are not authorized to increase the sentence. We may only "express [our] approval or disapproval of the sentence and [our] reasons" for doing so.”
— Alaska Stat. § 11.51.120(a) — 9 cases
Taylor v. State, 710 P.2d 1019 (Alaska Ct. App. 1985). “The commentary to AS 11.51.120 states, in relevant part: The nonsupport statute, a class A misdemeanor, is based on existing AS 11.”
Michael v. State, 767 P.2d 193 (Alaska Ct. App. 1988). “In Olp we were asked to determine whether a stepparent could be convicted for nonsupport of his stepchild under AS 11.51.120. That statute provided that a person was guilty of a failure to provide support if he was "legally charged with the support of a child under 18 years of…”
Wells v. State, 102 P.3d 972 (Alaska Ct. App. 2004). “, a mother was convicted of criminal non-support, AS 11.51.120(a), for failing to provide her children with "necessary medical attention" after the children were injured by acts of physical abuse perpetrated by her husband.”
Millo v. Delius, 872 F. Supp. 2d 867 (D. Alaska 2012). “” 77 And AS 11.51.120(a) states that a person is criminally liable if, “being a person legally charged with the support of a child, the person fails without lawful excuse, to provide support for the child.”
State v. Brueggeman, 24 P.3d 583 (Alaska Ct. App. 2001). “NOTES [1] When the state appeals a sentence as too lenient but the defendant does not appeal the sentence as excessive, we are not authorized to increase the sentence. We may only "express [our] approval or disapproval of the sentence and [our] reasons" for doing so.”
— Alaska Stat. § 11.51.120(b) — 4 cases
Wells v. State, 102 P.3d 972 (Alaska Ct. App. 2004). “, a mother was convicted of criminal non-support, AS 11.51.120(a), for failing to provide her children with "necessary medical attention" after the children were injured by acts of physical abuse perpetrated by her husband.”
Taylor v. State, 710 P.2d 1019 (Alaska Ct. App. 1985). “The commentary to AS 11.51.120 states, in relevant part: The nonsupport statute, a class A misdemeanor, is based on existing AS 11.”
S.R.D. v. State, 820 P.2d 1088 (Alaska Ct. App. 1991).
SRD v. State, 820 P.2d 1088 (Alaska Ct. App. 1991).
— Alaska Stat. § 11.51.120(d) — 4 cases
Lengele v. State, 295 P.3d 931 (Alaska Ct. App. 2013). “AS 11.51.120(00(3). . Heaps v. State, 30 P.”
Brown v. State, 435 P.3d 989 (Alaska Ct. App. 2018). “*991 Daniel Lee Brown appeals his conviction for criminal nonsupport, AS 11.51.120(a). As defined in this statute, a person commits criminal nonsupport if they are legally responsible for the support of a child and if, without lawful excuse, they knowingly fail to provide…”
Alaska Pub. Def. Agency v. Superior Court, Third Jud. Dist., Anchorage, 343 P.3d 914 (Alaska Ct. App. 2015).
Lane v. Gorup (D. Alaska 2022).
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