Alaska Statutes
Alaska Stat. § 11.81.390 (2026)
Use of force by a private person in making arrest or terminating an escape
✓ current as of July 2026
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Sec. 11.81.390. Use of force by a private person in making arrest or terminating an escape.
In addition to using force justified under other sections of this chapter, a person, acting as a private person, may use nondeadly force to make the arrest or terminate the escape or attempted escape from custody of a person who the private person reasonably believes has committed a misdemeanor in the private person's presence or a felony when and to the extent the private person reasonably believes it necessary to make that arrest or terminate that escape or attempted escape from custody. A private person may use deadly force under this section only when and to the extent the private person reasonably believes the use of deadly force is necessary to make the arrest or terminate the escape or attempted escape from custody of another who the private person reasonably believes
(1) has committed or attempted to commit a felony which involved the use of force against a person; or
(2) has escaped or is attempting to escape from custody while in possession of a firearm on or about the person.
In addition to using force justified under other sections of this chapter, a person, acting as a private person, may use nondeadly force to make the arrest or terminate the escape or attempted escape from custody of a person who the private person reasonably believes has committed a misdemeanor in the private person's presence or a felony when and to the extent the private person reasonably believes it necessary to make that arrest or terminate that escape or attempted escape from custody. A private person may use deadly force under this section only when and to the extent the private person reasonably believes the use of deadly force is necessary to make the arrest or terminate the escape or attempted escape from custody of another who the private person reasonably believes
(1) has committed or attempted to commit a felony which involved the use of force against a person; or
(2) has escaped or is attempting to escape from custody while in possession of a firearm on or about the person.
Notes of Decisions
Cited in 2
cases, 1981–2016 · leading case: Barber v. State, 386 P.3d 1254 (Alaska Ct. App. 2016).
Barber v. State, 386 P.3d 1254 (Alaska Ct. App. 2016). “The trial judge’s refusal to instruct the jury on a person’s right to use force to detain a fleeing felon Under AS 11.81.390, a person is authorized to use deadly force “when and to the extent the .”
Grant v. State, 621 P.2d 1338 (Alaska 1981). “We note that effective January 1, 1980, a clarifying statute has been passed allowing a private person to use deadly force when necessary to make the arrest of 1) a person who has committed a felony involving the use of force against another person or 2) a person who has escaped…”
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