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Alaska Statutes

Alaska Stat. § 11.81.300 (2026)

Justification: Defense

✓ current as of July 2026
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Sec. 11.81.300. Justification: Defense.
Except as otherwise specified in this title, justification as provided in AS 11.81.320 — 11.81.430 is a defense.


Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1979–2025 · leading case: Houston v. State, 602 P.2d 784 (Alaska 1979).
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Houston v. State, 602 P.2d 784 (Alaska 1979). · cites it 2× “115(d) of the new code provides: In a prosecution under § 100(a)(1) or 110(a)(l) of this chapter, it is an affirmative defense that, at the time of the homicidal act, the defendant honestly but unreasonably believed that the circumstances were such that, had they been as he…”
State v. Fell, 52 P.3d 218 (Ariz. Ct. App. 2002). “See Alaska Stat. §§ 11.81.300 , 11.81.320 (LexisNexis 2002); Or.”
Flink v. State, 683 P.2d 725 (Alaska Ct. App. 1984). · cites it 2× “See AS 11.81.300. The term "defense" is defined as follows in AS 11.”
State v. Jones, 750 P.2d 828 (Alaska Ct. App. 1988). · cites it 2× “See AS 11.81.300. A defense is deemed to be raised when there is some evidence to place it in issue.”
Gilbreath v. Mun. of Anchorage, 773 P.2d 218 (Alaska Ct. App. 1989). · cites it 2× “420 is a defense, AS 11.81.300, rather than an affirmative defense.”
Blackhurst v. State, 721 P.2d 645 (Alaska Ct. App. 1986). “See AS 11.81.300. Under AS 11.81.900(b)(15), defense is defined as follows: (15) “defense” other than an affirmative defense, means that (A) some evidence must be admitted which places in issue the defense; and (B) the state then has the burden of disproving the existence of the…”
Taylor v. State, 710 P.2d 1019 (Alaska Ct. App. 1985). “See generally AS 11.81.300 — AS 11.81.450. Thus, for example, a defendant charged with criminal nonsupport might rely on the defense of necessity, as provided for under AS 11.”
Weston v. State, 656 P.2d 1186 (Alaska Ct. App. 1982). “AS 11.81.300. This is "perfect" self defense which, if established, exonerates the defendant.”
Brown v. Mun. of Anchorage, 915 P.2d 654 (Alaska Ct. App. 1996). “See AS 11.81.300, AS 11.81.330, and AS 11.81.”
Peter R. v. B.M.R., a Minor (Alaska 2025). “15 See AS 11.81.300; AS 11.81.430(a)(1). 16 AS 11.”
Weston v. State, 656 P.2d 1182 (Alaska Ct. App. 1982). “AS 11.81.300. This is “perfect” self defense which, if established, exonerates the defendant.”
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