Alaska Statutes
Alaska Stat. § 11.71.010 (2026)
Misconduct involving a controlled substance in the first degree
✓ current as of July 2026
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Sec. 11.71.010. Misconduct involving a controlled substance in the first degree.
(a) Except as authorized in AS 17.30, a person commits the crime of misconduct involving a controlled substance in the first degree if the person
(1) delivers any amount of a schedule IA controlled substance to a person under 19 years of age who is at least three years younger than the person delivering the substance;
(2) delivers any amount of a schedule IIA or IIIA controlled substance to a person under 19 years of age who is at least three years younger than the person delivering the substance;
(3) engages in a continuing criminal enterprise; or
(4) delivers any amount of a schedule IA, IIA, IIIA, or IVA controlled substance to a person who is
(A) mentally incapable;
(B) incapacitated; or
(C) unaware that a controlled substance is being delivered.
(b) For purposes of this section,
(1) a person is engaged in a “continuing criminal enterprise” if
(A) the person commits a violation of this chapter which is punishable as a felony; and
(B) that violation is a part of a continuing series of five or more violations of this chapter
(i) which the person undertakes in concert with at least five other persons organized, supervised, or otherwise managed by the person; and
(ii) from which the person obtains substantial income or resources;
(2) “incapacitated” has the meaning given in AS 11.41.470;
(3) “mentally incapable” has the meaning given in AS 11.41.470.
(c) Misconduct involving a controlled substance in the first degree is an unclassified felony and is punishable as provided in AS 12.55.
(a) Except as authorized in AS 17.30, a person commits the crime of misconduct involving a controlled substance in the first degree if the person
(1) delivers any amount of a schedule IA controlled substance to a person under 19 years of age who is at least three years younger than the person delivering the substance;
(2) delivers any amount of a schedule IIA or IIIA controlled substance to a person under 19 years of age who is at least three years younger than the person delivering the substance;
(3) engages in a continuing criminal enterprise; or
(4) delivers any amount of a schedule IA, IIA, IIIA, or IVA controlled substance to a person who is
(A) mentally incapable;
(B) incapacitated; or
(C) unaware that a controlled substance is being delivered.
(b) For purposes of this section,
(1) a person is engaged in a “continuing criminal enterprise” if
(A) the person commits a violation of this chapter which is punishable as a felony; and
(B) that violation is a part of a continuing series of five or more violations of this chapter
(i) which the person undertakes in concert with at least five other persons organized, supervised, or otherwise managed by the person; and
(ii) from which the person obtains substantial income or resources;
(2) “incapacitated” has the meaning given in AS 11.41.470;
(3) “mentally incapable” has the meaning given in AS 11.41.470.
(c) Misconduct involving a controlled substance in the first degree is an unclassified felony and is punishable as provided in AS 12.55.
Notes of Decisions
Cited in 19
cases (1 in the last 5 years), 1985–2024 · leading case: State v. Parker, 147 P.3d 690 (Alaska 2006).
State v. Parker, 147 P.3d 690 (Alaska 2006). “AS 11.71.010(a)(@2). . AS 11.61.127(a): A person commits the crime of possession of child pornography if the person knowingly possesses any material that visually or aurally depicts conduct described in AS 11.”
Resek v. State, 706 P.2d 288 (Alaska 1985). “NOTES [1] AS 11.71.010 provides: (a) ... a person commits the crime of misconduct involving a controlled substance in the first degree if the person .”
Parker v. State, 90 P.3d 194 (Alaska Ct. App. 2004). “AS 11.71.010(a)(2). 5 . AS 11.71.010(c); AS 12.”
Collins v. State, 977 P.2d 741 (Alaska Ct. App. 1999). “195(a)(1), which prohibits a person from “possessing] a firearm during the commission of an offense under AS 11.71.010— 11.71.040”. The State presented evidence that Collins possessed cocaine and that Collins had two firearms hidden under his mattress — facts that seemingly…”
State v. McPherson, 855 P.2d 420 (Alaska 1993). “AS 11.71.010(c); AS 12.55.125(b). A review of McPherson's acts in the present case alone support a sentence closer to that of the statutory minimum.”
State v. Price, 715 P.2d 1183 (Alaska Ct. App. 1986). “410(a)(1), and one count of misconduct involving a controlled substance in the first degree, AS 11.71.010(a)(2). Price pled nolo contendere to the controlled substance count, and the sexual assault count was dismissed.”
Lawson v. State, 264 P.3d 590 (Alaska Ct. App. 2011). “100(a)(3), while acting either alone or with one or more persons, the person commits or attempts to commit arson in the first degree, kidnapping, sexual assault in the first degree, sexual assault in the second degree, sexual abuse of a minor in the first degree, sexual abuse of…”
Allam v. State, 830 P.2d 435 (Alaska Ct. App. 1992). “The House Journal’s analysis of AS 11.71.010 (the statute prohibiting delivery of a scheduled IA controlled substance to a person under nineteen who is at least three years younger than the defendant) explains that “the cut-off age of nineteen has been selected in order to be…”
Rocky Jay Burns v. State of Alaska, 543 P.3d 1013 (Alaska Ct. App. 2024). “4 AS 11.71.010. 5 SLA 2014, Initiative Measure.”
Krack v. State, 973 P.2d 100 (Alaska Ct. App. 1999). “AS 11.71.010(a)(2). 3 . AS 11.71.040(a)(3)(A).”
Resek v. State, 715 P.2d 1188 (Alaska Ct. App. 1986). “This is the first time a sentence under AS 11.71.010(a)(3) has come before this court.”
Ferguson v. State, 242 P.3d 1042 (Alaska Ct. App. 2010). “NOTES [1] First-degree controlled substance misconduct, AS 11.71.010(a)(2), and first-degree sexual assault, AS 11.”
— Alaska Stat. § 11.71.010(a) — 2 cases
State v. Parker, 147 P.3d 690 (Alaska 2006). “AS 11.71.010(a)(@2). . AS 11.61.127(a): A person commits the crime of possession of child pornography if the person knowingly possesses any material that visually or aurally depicts conduct described in AS 11.”
Lawson v. State, 264 P.3d 590 (Alaska Ct. App. 2011). “100(a)(3), while acting either alone or with one or more persons, the person commits or attempts to commit arson in the first degree, kidnapping, sexual assault in the first degree, sexual assault in the second degree, sexual abuse of a minor in the first degree, sexual abuse of…”
— Alaska Stat. § 11.71.010(a)(1) — 2 cases
Thiessen v. State, 844 P.2d 1137 (Alaska Ct. App. 1993).
Magee v. State, 77 P.3d 732 (Alaska Ct. App. 2003).
— Alaska Stat. § 11.71.010(a)(2) — 10 cases
State v. Parker, 147 P.3d 690 (Alaska 2006). “AS 11.71.010(a)(@2). . AS 11.61.127(a): A person commits the crime of possession of child pornography if the person knowingly possesses any material that visually or aurally depicts conduct described in AS 11.”
Parker v. State, 90 P.3d 194 (Alaska Ct. App. 2004). “AS 11.71.010(a)(2). 5 . AS 11.71.010(c); AS 12.”
State v. Price, 715 P.2d 1183 (Alaska Ct. App. 1986). “410(a)(1), and one count of misconduct involving a controlled substance in the first degree, AS 11.71.010(a)(2). Price pled nolo contendere to the controlled substance count, and the sexual assault count was dismissed.”
Krack v. State, 973 P.2d 100 (Alaska Ct. App. 1999). “AS 11.71.010(a)(2). 3 . AS 11.71.040(a)(3)(A).”
Ferguson v. State, 242 P.3d 1042 (Alaska Ct. App. 2010). “NOTES [1] First-degree controlled substance misconduct, AS 11.71.010(a)(2), and first-degree sexual assault, AS 11.”
— Alaska Stat. § 11.71.010(a)(3) — 3 cases
Resek v. State, 706 P.2d 288 (Alaska 1985). “NOTES [1] AS 11.71.010 provides: (a) ... a person commits the crime of misconduct involving a controlled substance in the first degree if the person .”
Resek v. State, 715 P.2d 1188 (Alaska Ct. App. 1986). “This is the first time a sentence under AS 11.71.010(a)(3) has come before this court.”
Rocky Jay Burns v. State of Alaska, 543 P.3d 1013 (Alaska Ct. App. 2024). “4 AS 11.71.010. 5 SLA 2014, Initiative Measure.”
— Alaska Stat. § 11.71.010(a)(8) — 1 case
Magee v. State, 77 P.3d 732 (Alaska Ct. App. 2003).
— Alaska Stat. § 11.71.010(b) — 1 case
Rocky Jay Burns v. State of Alaska, 543 P.3d 1013 (Alaska Ct. App. 2024). “4 AS 11.71.010. 5 SLA 2014, Initiative Measure.”
— Alaska Stat. § 11.71.010(c) — 6 cases
State v. McPherson, 855 P.2d 420 (Alaska 1993). “AS 11.71.010(c); AS 12.55.125(b). A review of McPherson's acts in the present case alone support a sentence closer to that of the statutory minimum.”
Parker v. State, 90 P.3d 194 (Alaska Ct. App. 2004). “AS 11.71.010(a)(2). 5 . AS 11.71.010(c); AS 12.”
Brown v. State, 926 P.2d 1195 (Alaska Ct. App. 1996).
Ferguson v. State, 242 P.3d 1042 (Alaska Ct. App. 2010). “NOTES [1] First-degree controlled substance misconduct, AS 11.71.010(a)(2), and first-degree sexual assault, AS 11.”
Williams v. State, 743 P.2d 397 (Alaska Ct. App. 1987).
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