Alaska Statutes
Alaska Stat. § 11.61.190 (2026)
Misconduct involving weapons in the first degree
✓ current as of July 2026
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Sec. 11.61.190. Misconduct involving weapons in the first degree.
(a) A person commits the crime of misconduct involving weapons in the first degree if the person
(1) uses or attempts to use a firearm during the commission of an offense under AS 11.71.010 — 11.71.040; or
(2) discharges a firearm from a propelled vehicle while the vehicle is being operated and under circumstances manifesting substantial and unjustifiable risk of physical injury to a person or damage to property.
(b) Misconduct involving weapons in the first degree is a class A felony.
(a) A person commits the crime of misconduct involving weapons in the first degree if the person
(1) uses or attempts to use a firearm during the commission of an offense under AS 11.71.010 — 11.71.040; or
(2) discharges a firearm from a propelled vehicle while the vehicle is being operated and under circumstances manifesting substantial and unjustifiable risk of physical injury to a person or damage to property.
(b) Misconduct involving weapons in the first degree is a class A felony.
Notes of Decisions
Cited in 14
cases (3 in the last 5 years), 1993–2025 · leading case: United States v. Davis, 139 S. Ct. 2319 (2019).
United States v. Davis, 139 S. Ct. 2319 (2019). “, Alaska Stat. § 11.61.190 (a)(2) (2018) ("substantial and unjustifiable risk of physical injury"); Ark.”
Smith v. State, 28 P.3d 323 (Alaska Ct. App. 2001). “" As explained in the previous paragraph, the offense of first-degree weapons misconduct under AS 11.61.190(2)(2) requires proof that a defendant discharged a firearm.”
Steven Michael Hinshaw v. State of Alaska, 515 P.3d 129 (Alaska Ct. App. 2022). “14 AS 11.61.190(a)(2) & AS 11.16.110. 15 AS 11.”
State v. Tafoya, 2012 NMSC 30 (N.M. 2012). “”); see also Alaska Stat. Ann. § 11.61.190 (a)(2) (West 1996) (“Misconduct Involving Weapons” requires the perpetrator to “discharge^ a firearm from a propelled vehicle while the vehicle is being operated .”
Smith v. State, 258 P.3d 913 (Alaska Ct. App. 2011). “900(b); or (4) that is misconduct involving weapons in the first degree under (A) AS 11.61.190(a)(1); or (B) AS 11.61.190(a)(2) when the firearm was discharged under circumstances manifest *923 ing substantial and unjustifiable risk of physical injury to a person.”
Young v. State, 331 P.3d 1276 (Alaska Ct. App. 2014). “On remand the superior court shall merge the convictions for misconduct involving weapons in the first degree and resentence Young. We do not retain jurisdiction.”
Hutton v. State, 350 P.3d 793 (Alaska 2015). “Under AS 11.61.190(a) a person commits first-degree weapons misconduct if "the person .”
Rogers v. State, 280 P.3d 582 (Alaska Ct. App. 2012). “COATS, Chief Judge, not participating. . AS 11.”
State v. McLaughlin, 860 P.2d 1270 (Alaska Ct. App. 1993). “by adding two new and more serious forms of misconduct involving weapons, one a class A felony that was designated as misconduct involving weapons in the first degree (AS 11.61.190) and the other a class B felony that was designated as misconduct involving weapons in the second…”
Hutton v. State, 305 P.3d 364 (Alaska Ct. App. 2013). “But since the "substantial and unjustifiable risk" language used in AS 11.61.190 is also used in the definitions of both recklessness and criminal negligence, this history does not clearly indicate that the legislature rejected recklessness as the mental state required for this…”
Lammar David Burney v. State of Alaska, Jamal Kareem Townsend v. State of Alaska, 563 P.3d 86 (Alaska Ct. App. 2025). “3 AS 11.61.190(a)(2). –2– 2794 for first-degree murder rather than second-degree murder.”
Donald Dunlap v. Anchorage Police Dep't, 607 F. App'x 764 (9th Cir. 2015). “See Alaska Stat. §§ 11.61.190 , 11.61.195, 11.”
— Alaska Stat. § 11.61.190(2)(2) — 2 cases
Smith v. State, 28 P.3d 323 (Alaska Ct. App. 2001). “" As explained in the previous paragraph, the offense of first-degree weapons misconduct under AS 11.61.190(2)(2) requires proof that a defendant discharged a firearm.”
Hutton v. State, 305 P.3d 364 (Alaska Ct. App. 2013). “But since the "substantial and unjustifiable risk" language used in AS 11.61.190 is also used in the definitions of both recklessness and criminal negligence, this history does not clearly indicate that the legislature rejected recklessness as the mental state required for this…”
— Alaska Stat. § 11.61.190(4) — 1 case
Smith v. State, 28 P.3d 323 (Alaska Ct. App. 2001). “" As explained in the previous paragraph, the offense of first-degree weapons misconduct under AS 11.61.190(2)(2) requires proof that a defendant discharged a firearm.”
— Alaska Stat. § 11.61.190(a) — 1 case
Hutton v. State, 350 P.3d 793 (Alaska 2015). “Under AS 11.61.190(a) a person commits first-degree weapons misconduct if "the person .”
— Alaska Stat. § 11.61.190(a)(1) — 1 case
Smith v. State, 258 P.3d 913 (Alaska Ct. App. 2011). “900(b); or (4) that is misconduct involving weapons in the first degree under (A) AS 11.61.190(a)(1); or (B) AS 11.61.190(a)(2) when the firearm was discharged under circumstances manifest *923 ing substantial and unjustifiable risk of physical injury to a person.”
— Alaska Stat. § 11.61.190(a)(2) — 7 cases
Steven Michael Hinshaw v. State of Alaska, 515 P.3d 129 (Alaska Ct. App. 2022). “14 AS 11.61.190(a)(2) & AS 11.16.110. 15 AS 11.”
Smith v. State, 28 P.3d 323 (Alaska Ct. App. 2001). “" As explained in the previous paragraph, the offense of first-degree weapons misconduct under AS 11.61.190(2)(2) requires proof that a defendant discharged a firearm.”
Rogers v. State, 280 P.3d 582 (Alaska Ct. App. 2012). “COATS, Chief Judge, not participating. . AS 11.”
Young v. State, 331 P.3d 1276 (Alaska Ct. App. 2014). “On remand the superior court shall merge the convictions for misconduct involving weapons in the first degree and resentence Young. We do not retain jurisdiction.”
Smith v. State, 258 P.3d 913 (Alaska Ct. App. 2011). “900(b); or (4) that is misconduct involving weapons in the first degree under (A) AS 11.61.190(a)(1); or (B) AS 11.61.190(a)(2) when the firearm was discharged under circumstances manifest *923 ing substantial and unjustifiable risk of physical injury to a person.”
— Alaska Stat. § 11.61.190(a2)(2) — 1 case
Smith v. State, 28 P.3d 323 (Alaska Ct. App. 2001). “" As explained in the previous paragraph, the offense of first-degree weapons misconduct under AS 11.61.190(2)(2) requires proof that a defendant discharged a firearm.”
— Alaska Stat. § 11.61.190(b) — 1 case
Smith v. State, 28 P.3d 323 (Alaska Ct. App. 2001). “" As explained in the previous paragraph, the offense of first-degree weapons misconduct under AS 11.61.190(2)(2) requires proof that a defendant discharged a firearm.”
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