Alaska Statutes
Alaska Stat. § 11.81.330 (2026)
Justification: Use of nondeadly force in defense of self
✓ current as of July 2026
Find cases:
SyfertCases citing this section
AK-LEGakleg.gov
JustiaTitle on Justia
CornellLII Search
CasesGoogle Scholar
Sec. 11.81.330. Justification: Use of nondeadly force in defense of self.
(a) A person is justified in using nondeadly force upon another when and to the extent the person reasonably believes it is necessary for self-defense against what the person reasonably believes to be the use of unlawful force by the other person, unless
(1) the person used the force in mutual combat not authorized by law;
(2) the person claiming self-defense provoked the other's conduct with intent to cause physical injury to the other;
(3) the person claiming self-defense was the initial aggressor; or
(4) the force used was the result of using a deadly weapon or dangerous instrument the person claiming self-defense possessed while
(A) acting alone or with others to further a felony criminal objective of the person or one or more other persons;
(B) a participant in a felony transaction or purported transaction or in immediate flight from a felony transaction or purported transaction in violation of AS 11.71; or
(C) acting alone or with others in revenge for, retaliation for, or response to actual or perceived conduct by a rival or perceived rival, or a member or perceived member of a rival group, if the person using deadly force, or the group on whose behalf the person is acting, has a history or reputation for violence among civilians.
(b) A person who is not justified in using force in self-defense in the circumstances listed in (a)(1) — (3) of this section is justified in using force in self-defense if that person has withdrawn from the encounter and effectively communicated the withdrawal to the other person, but the other person persists in continuing the incident by the use of unlawful force.
(a) A person is justified in using nondeadly force upon another when and to the extent the person reasonably believes it is necessary for self-defense against what the person reasonably believes to be the use of unlawful force by the other person, unless
(1) the person used the force in mutual combat not authorized by law;
(2) the person claiming self-defense provoked the other's conduct with intent to cause physical injury to the other;
(3) the person claiming self-defense was the initial aggressor; or
(4) the force used was the result of using a deadly weapon or dangerous instrument the person claiming self-defense possessed while
(A) acting alone or with others to further a felony criminal objective of the person or one or more other persons;
(B) a participant in a felony transaction or purported transaction or in immediate flight from a felony transaction or purported transaction in violation of AS 11.71; or
(C) acting alone or with others in revenge for, retaliation for, or response to actual or perceived conduct by a rival or perceived rival, or a member or perceived member of a rival group, if the person using deadly force, or the group on whose behalf the person is acting, has a history or reputation for violence among civilians.
(b) A person who is not justified in using force in self-defense in the circumstances listed in (a)(1) — (3) of this section is justified in using force in self-defense if that person has withdrawn from the encounter and effectively communicated the withdrawal to the other person, but the other person persists in continuing the incident by the use of unlawful force.
Notes of Decisions
Cited in 35
cases (5 in the last 5 years), 1981–2025 · leading case: Xi Van Ha v. State, 892 P.2d 184 (Alaska Ct. App. 1995).
Xi Van Ha v. State, 892 P.2d 184 (Alaska Ct. App. 1995). “Section 335(a) limits deadly force to situations in which (1) the force is justified under AS 11.81.330 and (2) the actor "reasonably believes [that] the use of deadly force is necessary for self defense against death, serious physical injury", or one of the serious felonies…”
Marquinn Jones-Nelson v. State of Alaska, 512 P.3d 665 (Alaska 2022). “3 See AS 11.81.330, 11.81.335. 4 Jones-Nelson, 446 P.”
Folger v. State, 648 P.2d 111 (Alaska Ct. App. 1982). “Folger relies on AS 11.81.330 and AS 11.81.335. [1] The evidence taken in the light most favorable to the defendant reveals the following: a dance held in the Tanana Community Hall on June 13, 1981 lasted through the early morning hours of June 14.”
Jurco v. State, 825 P.2d 909 (Alaska Ct. App. 1992). “See AS 11.81.330 (use of nondeadly force in self-defense); AS 11.”
Cleveland v. Mun. of Anchorage, 631 P.2d 1073 (Alaska 1981). “" AS 11.81.330(a); 11.81.340. Thus, even assuming that a fetus should be regarded as an "other" in the context of a "defense of others" claim, the requirement that the threatened harm be illegal precludes such a claim here.”
Carson v. State, 736 P.2d 356 (Alaska Ct. App. 1987). “(b) The use of force justified under this section in resisting arrest or interfering with the arrest of another may not *358 exceed the use of force justified under AS 11.81.330 or 11.81.335. 1 As indicated in this provision, the amount of force a peace officer may use in making…”
Weston v. State, 682 P.2d 1119 (Alaska 1984). “335 provides: (a) Except as provided in (b) of this section, a person may use deadly force upon another person when and to the extent (1) the use of nondeadly force is justified under AS 11.81.330; and (2) the person reasonably believes the use of deadly force is necessary for…”
Gaona v. State, 630 P.2d 534 (Alaska Ct. App. 1981). “Scott, Criminal Law § 53, at 391 (1972); AS 11.81.330 and AS 11.81.335. [9] Moreau v.”
Marquinn Jones-Nelson v. State of Alaska, 446 P.3d 797 (Alaska Ct. App. 2019). “Jones-Nelson correctly notes that a defendant may be justified in using deadly force (even “all-out” deadly force) if, under the circumstances known to the 7 See the pattern jury instructions for AS 11.81.330 and AS 11.81.335. – 11 – 2650 defendant, the defendant reasonably…”
Silvera v. State, 244 P.3d 1138 (Alaska Ct. App. 2010). “340 provides: A person is justified in using force upon another when and to the extent the person reasonably believes it is necessary to defend a third person when, under the circumstances as the person claiming defense of another reasonably believes them to be, the third person…”
Sarah D. v. John D., 352 P.3d 419 (Alaska 2015). “1499, 2014 WL 1888270 , at *6 (Alaska May 7, 2014) (explaining that domestic violence self-defense claims are "subject to the necessity and proportionality requirements that apply to all other self-defense claims involving non-deadly force" (citing AS 11.”
Wilkerson v. State, 271 P.3d 471 (Alaska Ct. App. 2012). “And under AS 11.81.330(a)(4)(A), a claim of self-defense is not available to a person whose use of force "was the result of using a deadly weapon or dangerous instrument .”
— Alaska Stat. § 11.81.330(a) — 14 cases
Xi Van Ha v. State, 892 P.2d 184 (Alaska Ct. App. 1995). “Section 335(a) limits deadly force to situations in which (1) the force is justified under AS 11.81.330 and (2) the actor "reasonably believes [that] the use of deadly force is necessary for self defense against death, serious physical injury", or one of the serious felonies…”
Cleveland v. Mun. of Anchorage, 631 P.2d 1073 (Alaska 1981). “" AS 11.81.330(a); 11.81.340. Thus, even assuming that a fetus should be regarded as an "other" in the context of a "defense of others" claim, the requirement that the threatened harm be illegal precludes such a claim here.”
Sarah D. v. John D., 352 P.3d 419 (Alaska 2015). “1499, 2014 WL 1888270 , at *6 (Alaska May 7, 2014) (explaining that domestic violence self-defense claims are "subject to the necessity and proportionality requirements that apply to all other self-defense claims involving non-deadly force" (citing AS 11.”
Allen v. State, 945 P.2d 1233 (Alaska Ct. App. 1997).
Marquinn Jones-Nelson v. State of Alaska, 446 P.3d 797 (Alaska Ct. App. 2019). “Jones-Nelson correctly notes that a defendant may be justified in using deadly force (even “all-out” deadly force) if, under the circumstances known to the 7 See the pattern jury instructions for AS 11.81.330 and AS 11.81.335. – 11 – 2650 defendant, the defendant reasonably…”
— Alaska Stat. § 11.81.330(a)(1) — 1 case
Kirby v. State, 649 P.2d 963 (Alaska Ct. App. 1982).
— Alaska Stat. § 11.81.330(a)(3) — 5 cases
Brown v. State, 698 P.2d 671 (Alaska Ct. App. 1985).
Morrell v. State, 216 P.3d 574 (Alaska Ct. App. 2009).
Bearden v. State Farm Fire & Cas. Co., 299 P.3d 705 (Alaska 2013).
Matthew Foy v. State of Alaska (Alaska Ct. App. 2022).
Matthew Foy v. State of Alaska (Alaska Ct. App. 2022).
— Alaska Stat. § 11.81.330(a)(4)(A) — 1 case
Wilkerson v. State, 271 P.3d 471 (Alaska Ct. App. 2012). “And under AS 11.81.330(a)(4)(A), a claim of self-defense is not available to a person whose use of force "was the result of using a deadly weapon or dangerous instrument .”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.