Alaska Statutes
Alaska Stat. § 11.81.250 (2026)
Classification of offenses
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Sec. 11.81.250. Classification of offenses.
Article 4. General Principles of Justification.
(a) For purposes of sentencing under AS 12.55, all offenses defined in this title, except murder in the first and second degree, attempted murder in the first degree, solicitation to commit murder in the first degree, conspiracy to commit murder in the first degree, murder of an unborn child, sexual assault in the first degree, sexual abuse of a minor in the first degree, misconduct involving a controlled substance in the first degree, sex trafficking in the first degree under AS 11.66.110(a)(2), and kidnapping, are classified on the basis of their seriousness, according to the type of injury characteristically caused or risked by commission of the offense and the culpability of the offender. Except for murder in the first and second degree, attempted murder in the first degree, solicitation to commit murder in the first degree, conspiracy to commit murder in the first degree, murder of an unborn child, sexual assault in the first degree, sexual abuse of a minor in the first degree, misconduct involving a controlled substance in the first degree, sex trafficking in the first degree under AS 11.66.110(a)(2), and kidnapping, the offenses in this title are classified into the following categories:
(1) class A felonies, which characteristically involve conduct resulting in serious physical injury or a substantial risk of serious physical injury to a person;
(2) class B felonies, which characteristically involve conduct resulting in less severe violence against a person than class A felonies, aggravated offenses against property interests, or aggravated offenses against public administration or order;
(3) class C felonies, which characteristically involve conduct serious enough to deserve felony classification but not serious enough to be classified as A or B felonies;
(4) class A misdemeanors, which characteristically involve less severe violence against a person, less serious offenses against property interests, less serious offenses against public administration or order, or less serious offenses against public health and decency than felonies;
(5) class B misdemeanors, which characteristically involve a minor risk of physical injury to a person, minor offenses against property interests, minor offenses against public administration or order, or minor offenses against public health and decency;
(6) violations, which characteristically involve conduct inappropriate to an orderly society but which do not denote criminality in their commission.
(b) The classification of each felony defined in this title, except murder in the first and second degree, attempted murder in the first degree, solicitation to commit murder in the first degree, conspiracy to commit murder in the first degree, murder of an unborn child, sexual assault in the first degree, sexual abuse of a minor in the first degree, misconduct involving a controlled substance in the first degree, sex trafficking in the first degree under AS 11.66.110(a)(2), and kidnapping, is designated in the section defining it. A felony under the law of this state defined outside this title for which no penalty is specifically provided is a class C felony.
(c) The classification of each misdemeanor defined in this title is designated in the section defining it. A misdemeanor under Alaska law defined outside this title for which no penalty is provided is a class A misdemeanor.
(a) For purposes of sentencing under AS 12.55, all offenses defined in this title, except murder in the first and second degree, attempted murder in the first degree, solicitation to commit murder in the first degree, conspiracy to commit murder in the first degree, murder of an unborn child, sexual assault in the first degree, sexual abuse of a minor in the first degree, misconduct involving a controlled substance in the first degree, sex trafficking in the first degree under AS 11.66.110(a)(2), and kidnapping, are classified on the basis of their seriousness, according to the type of injury characteristically caused or risked by commission of the offense and the culpability of the offender. Except for murder in the first and second degree, attempted murder in the first degree, solicitation to commit murder in the first degree, conspiracy to commit murder in the first degree, murder of an unborn child, sexual assault in the first degree, sexual abuse of a minor in the first degree, misconduct involving a controlled substance in the first degree, sex trafficking in the first degree under AS 11.66.110(a)(2), and kidnapping, the offenses in this title are classified into the following categories:
(1) class A felonies, which characteristically involve conduct resulting in serious physical injury or a substantial risk of serious physical injury to a person;
(2) class B felonies, which characteristically involve conduct resulting in less severe violence against a person than class A felonies, aggravated offenses against property interests, or aggravated offenses against public administration or order;
(3) class C felonies, which characteristically involve conduct serious enough to deserve felony classification but not serious enough to be classified as A or B felonies;
(4) class A misdemeanors, which characteristically involve less severe violence against a person, less serious offenses against property interests, less serious offenses against public administration or order, or less serious offenses against public health and decency than felonies;
(5) class B misdemeanors, which characteristically involve a minor risk of physical injury to a person, minor offenses against property interests, minor offenses against public administration or order, or minor offenses against public health and decency;
(6) violations, which characteristically involve conduct inappropriate to an orderly society but which do not denote criminality in their commission.
(b) The classification of each felony defined in this title, except murder in the first and second degree, attempted murder in the first degree, solicitation to commit murder in the first degree, conspiracy to commit murder in the first degree, murder of an unborn child, sexual assault in the first degree, sexual abuse of a minor in the first degree, misconduct involving a controlled substance in the first degree, sex trafficking in the first degree under AS 11.66.110(a)(2), and kidnapping, is designated in the section defining it. A felony under the law of this state defined outside this title for which no penalty is specifically provided is a class C felony.
(c) The classification of each misdemeanor defined in this title is designated in the section defining it. A misdemeanor under Alaska law defined outside this title for which no penalty is provided is a class A misdemeanor.
Notes of Decisions
Cited in 18
cases, 1978–2018 · leading case: State v. Richards, 720 P.2d 47 (Alaska Ct. App. 1986).
State v. Richards, 720 P.2d 47 (Alaska Ct. App. 1986). “AS 11.81.250(a)(1)(class A felonies characteristically involve conduct resulting in serious physical injury or a substantial risk of serious physical injury to a person), which should be compared with AS 11.”
Beran v. State, 705 P.2d 1280 (Alaska Ct. App. 1985). “900(b)(56): "Violation" is a noncriminal offense punishable only by a fine, but not by imprisonment or other penalty; conviction of a violation does not give rise to any disability or legal disadvantage based on conviction of a crime; a person charged with a violation is not…”
Juneby v. State, 665 P.2d 30 (Alaska Ct. App. 1983). “This is demonstrated by AS 11.81.250 which provides, in relevant part: (a) For purposes of sentencing under AS 12.”
Griffith v. State, 641 P.2d 228 (Alaska Ct. App. 1982). “Under AS 11.81.250, [8] these offenses are of equivalent seriousness to robbery in the first degree and to sexual assault in the first degree; yet, persons convicted of the latter crimes may not receive bail pending appeal while persons convicted of the former may.”
Mun. of Anchorage v. Beezley, 435 P.3d 978 (Alaska Ct. App. 2018). “There is a provision of the criminal code, AS 11.81.250(c), which declares that a misdemeanor defined in a title of the statutes other than Title 11 is deemed a class A misdemeanor if the other title does not specify a penalty for that misdemeanor.”
Erhart v. State, 656 P.2d 1199 (Alaska Ct. App. 1982). “AS 11.81.250(a)(1); (2) class B felonies, characterized by less severe personal injury to the victim or aggravated damage to property or public administration or order, AS 11.”
State v. Rastopsoff, 659 P.2d 630 (Alaska Ct. App. 1983). “See AS 11.81.250. The basic sentencing structure governing these four categories of offenses is contained in AS 12.”
Brezenoff v. State, 658 P.2d 1359 (Alaska Ct. App. 1983). “AS 11.81.250(a)(2). The amount stolen ($140,000), the number of separate thefts constituting the offense (133) and the duration of the offense (almost one year) serve *1363 to establish this case as among the most serious prescribed by AS 11.”
State v. Anthony, 810 P.2d 155 (Alaska 1991). “AS 11.81.250. The fact that a particular misdemeanant might cause as much or more harm than a particular felon does not mean that AS 43.”
Gray v. State, 267 P.3d 667 (Alaska Ct. App. 2011). “AS 11.81.250(a)(1). 44 . AS 11.81.250(a)(2)-(6).”
Godfrey v. State, Dep't of Cmty. & Econ. Dev., 175 P.3d 1198 (Alaska 2007). “" AS 11.81.250(a)(6). [3] AS 43.70.075(d) provides in pertinent part: If a person who holds an endorsement issued under this section, or an agent or an employee of a person who holds an endorsement issued under this section acting within the scope of the agency or employment,…”
State v. Dutch Harbor Seafoods, Ltd., 965 P.2d 738 (Alaska 1998). “Moreover, in classifying and in defining “violations” within the criminal code, the legislature has classified “violations” as offenses “which characteristically involve conduct inappropriate to an orderly society but which do not denote criminality in their commission,” AS…”
— Alaska Stat. § 11.81.250(a)(1) — 4 cases
Gray v. State, 267 P.3d 667 (Alaska Ct. App. 2011). “AS 11.81.250(a)(1). 44 . AS 11.81.250(a)(2)-(6).”
State v. Richards, 720 P.2d 47 (Alaska Ct. App. 1986). “AS 11.81.250(a)(1)(class A felonies characteristically involve conduct resulting in serious physical injury or a substantial risk of serious physical injury to a person), which should be compared with AS 11.”
Erhart v. State, 656 P.2d 1199 (Alaska Ct. App. 1982). “AS 11.81.250(a)(1); (2) class B felonies, characterized by less severe personal injury to the victim or aggravated damage to property or public administration or order, AS 11.”
Erhart v. State, 656 P.2d 1195 (Alaska Ct. App. 1982).
— Alaska Stat. § 11.81.250(a)(2) — 6 cases
Brezenoff v. State, 658 P.2d 1359 (Alaska Ct. App. 1983). “AS 11.81.250(a)(2). The amount stolen ($140,000), the number of separate thefts constituting the offense (133) and the duration of the offense (almost one year) serve *1363 to establish this case as among the most serious prescribed by AS 11.”
State v. Richards, 720 P.2d 47 (Alaska Ct. App. 1986). “AS 11.81.250(a)(1)(class A felonies characteristically involve conduct resulting in serious physical injury or a substantial risk of serious physical injury to a person), which should be compared with AS 11.”
Gray v. State, 267 P.3d 667 (Alaska Ct. App. 2011). “AS 11.81.250(a)(1). 44 . AS 11.81.250(a)(2)-(6).”
Erhart v. State, 656 P.2d 1199 (Alaska Ct. App. 1982). “AS 11.81.250(a)(1); (2) class B felonies, characterized by less severe personal injury to the victim or aggravated damage to property or public administration or order, AS 11.”
West v. State, 727 P.2d 1 (Alaska Ct. App. 1986).
— Alaska Stat. § 11.81.250(a)(3) — 3 cases
Erhart v. State, 656 P.2d 1199 (Alaska Ct. App. 1982). “AS 11.81.250(a)(1); (2) class B felonies, characterized by less severe personal injury to the victim or aggravated damage to property or public administration or order, AS 11.”
West v. State, 727 P.2d 1 (Alaska Ct. App. 1986).
Erhart v. State, 656 P.2d 1195 (Alaska Ct. App. 1982).
— Alaska Stat. § 11.81.250(a)(6) — 3 cases
Beran v. State, 705 P.2d 1280 (Alaska Ct. App. 1985). “900(b)(56): "Violation" is a noncriminal offense punishable only by a fine, but not by imprisonment or other penalty; conviction of a violation does not give rise to any disability or legal disadvantage based on conviction of a crime; a person charged with a violation is not…”
Godfrey v. State, Dep't of Cmty. & Econ. Dev., 175 P.3d 1198 (Alaska 2007). “" AS 11.81.250(a)(6). [3] AS 43.70.075(d) provides in pertinent part: If a person who holds an endorsement issued under this section, or an agent or an employee of a person who holds an endorsement issued under this section acting within the scope of the agency or employment,…”
State v. Dutch Harbor Seafoods, Ltd., 965 P.2d 738 (Alaska 1998). “Moreover, in classifying and in defining “violations” within the criminal code, the legislature has classified “violations” as offenses “which characteristically involve conduct inappropriate to an orderly society but which do not denote criminality in their commission,” AS…”
— Alaska Stat. § 11.81.250(a)(l) — 1 case
State v. Richards, 720 P.2d 47 (Alaska Ct. App. 1986). “AS 11.81.250(a)(1)(class A felonies characteristically involve conduct resulting in serious physical injury or a substantial risk of serious physical injury to a person), which should be compared with AS 11.”
— Alaska Stat. § 11.81.250(c) — 2 cases
Mun. of Anchorage v. Beezley, 435 P.3d 978 (Alaska Ct. App. 2018). “There is a provision of the criminal code, AS 11.81.250(c), which declares that a misdemeanor defined in a title of the statutes other than Title 11 is deemed a class A misdemeanor if the other title does not specify a penalty for that misdemeanor.”
Mun. of Anchorage v. Beezley (Alaska Ct. App. 2018).
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