Alaska Statutes
Alaska Stat. § 11.56.235 (2026)
Retraction as a defense
✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Sec. 11.56.235. Retraction as a defense.
(a) In a prosecution under AS 11.56.200 or 11.56.230, if the false statement was made in an official proceeding, it is an affirmative defense that the defendant expressly retracted the false statement
(1) during the course of the same official proceeding;
(2) before discovery of the falsification became known to the defendant;
(3) before reliance upon the false statement by the person for whom it was intended; and
(4) if the official proceeding involved a trier of fact, before the subject matter of the official proceeding was submitted to the ultimate trier of fact.
(b) In a prosecution under AS 11.56.200, if the false statement was not made in an official proceeding, it is an affirmative defense that the defendant expressly retracted the false statement
(1) before discovery of the falsification became known to the defendant; and
(2) before reliance upon the false statement by the person for whom it was intended.
(c) In a prosecution under AS 11.56.210, it is an affirmative defense that the defendant expressly retracted the false statement before reliance upon the false statement by the person for whom it was intended.
(d) As used in this section, “during the course of the same official proceeding” includes separate hearings at separate stages of the same official proceeding.
(a) In a prosecution under AS 11.56.200 or 11.56.230, if the false statement was made in an official proceeding, it is an affirmative defense that the defendant expressly retracted the false statement
(1) during the course of the same official proceeding;
(2) before discovery of the falsification became known to the defendant;
(3) before reliance upon the false statement by the person for whom it was intended; and
(4) if the official proceeding involved a trier of fact, before the subject matter of the official proceeding was submitted to the ultimate trier of fact.
(b) In a prosecution under AS 11.56.200, if the false statement was not made in an official proceeding, it is an affirmative defense that the defendant expressly retracted the false statement
(1) before discovery of the falsification became known to the defendant; and
(2) before reliance upon the false statement by the person for whom it was intended.
(c) In a prosecution under AS 11.56.210, it is an affirmative defense that the defendant expressly retracted the false statement before reliance upon the false statement by the person for whom it was intended.
(d) As used in this section, “during the course of the same official proceeding” includes separate hearings at separate stages of the same official proceeding.
Notes of Decisions
Cited in 1
case, 1988–1988 · leading case: York v. State, 757 P.2d 68 (Alaska Ct. App. 1988).
York v. State, 757 P.2d 68 (Alaska Ct. App. 1988). “Retraction is an affirmative defense set forth in AS 11.56.235(a), and requires that the defendant expressly retract the statement during the course of the proceeding before the defendant becomes aware of the discovery of falsification and before the state relies on the false…”
Alaska Stat. § 11.56.235(a): 1 case
York v. State, 757 P.2d 68 (Alaska Ct. App. 1988). “Retraction is an affirmative defense set forth in AS 11.56.235(a), and requires that the defendant expressly retract the statement during the course of the proceeding before the defendant becomes aware of the discovery of falsification and before the state relies on the false…”
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