Alaska Statutes
Alaska Stat. § 11.56.760 (2026)
Violating an order to submit to DNA testing
✓ current as of July 2026
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Sec. 11.56.760. Violating an order to submit to DNA testing.
(a) A person commits the crime of violating an order to submit to DNA testing if, when requested by a health care professional acting on behalf of the state to provide a blood sample, oral sample, or both, or when requested by a juvenile or adult correctional, probation, or parole officer or a peace officer to provide an oral sample, the person refuses to provide the sample or samples and the person
(1) has been ordered to submit to DNA testing as part of a sentence imposed under AS 12.55.015;
(2) has been convicted of an offense that requires DNA testing under the provisions of AS 44.41.035; or
(3) is required to register as a sex offender or child kidnapper under AS 12.63.
(b) In this section, “DNA testing” means the collection of a blood sample, oral sample, or both, for the deoxyribonucleic acid identification registration system under AS 44.41.035.
(c) Violating an order to submit to DNA testing is a class C felony.
(a) A person commits the crime of violating an order to submit to DNA testing if, when requested by a health care professional acting on behalf of the state to provide a blood sample, oral sample, or both, or when requested by a juvenile or adult correctional, probation, or parole officer or a peace officer to provide an oral sample, the person refuses to provide the sample or samples and the person
(1) has been ordered to submit to DNA testing as part of a sentence imposed under AS 12.55.015;
(2) has been convicted of an offense that requires DNA testing under the provisions of AS 44.41.035; or
(3) is required to register as a sex offender or child kidnapper under AS 12.63.
(b) In this section, “DNA testing” means the collection of a blood sample, oral sample, or both, for the deoxyribonucleic acid identification registration system under AS 44.41.035.
(c) Violating an order to submit to DNA testing is a class C felony.
Notes of Decisions
Cited in 3
cases, 2004–2020 · leading case: Simmons v. State, Dept. of Corr., 426 P.3d 1011 (Alaska 2018).
Simmons v. State, Dept. of Corr., 426 P.3d 1011 (Alaska 2018). “The officer concluded that Simmon's refusal to provide a sample violated AS 11.56.760, which makes it a class C felony for persons convicted of certain crimes to refuse to provide a DNA sample to an officer upon request, and thus also violated 22 Alaska Administrative Code 05.”
Nason v. State, 102 P.3d 962 (Alaska Ct. App. 2004). “035(b) (specifying the persons whose DNA is to be collected) and AS 11.56.760(a) (making it a crime to fail to comply with an authorized request for DNA).”
Simmons v. Hauser (D. Alaska 2020). “§ 11.56.760 (making it a class C felony for persons convicted of certain crimes to refuse to provide a DNA sample to an officer upon request); 22 Alaska Administrative Code 05.”
— Alaska Stat. § 11.56.760(a) — 1 case
Nason v. State, 102 P.3d 962 (Alaska Ct. App. 2004). “035(b) (specifying the persons whose DNA is to be collected) and AS 11.56.760(a) (making it a crime to fail to comply with an authorized request for DNA).”
— Alaska Stat. § 11.56.760(a)(2) — 1 case
Simmons v. State, Dept. of Corr., 426 P.3d 1011 (Alaska 2018). “The officer concluded that Simmon's refusal to provide a sample violated AS 11.56.760, which makes it a class C felony for persons convicted of certain crimes to refuse to provide a DNA sample to an officer upon request, and thus also violated 22 Alaska Administrative Code 05.”
— Alaska Stat. § 11.56.760(a2)(2) — 1 case
Nason v. State, 102 P.3d 962 (Alaska Ct. App. 2004). “035(b) (specifying the persons whose DNA is to be collected) and AS 11.56.760(a) (making it a crime to fail to comply with an authorized request for DNA).”
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