Alaska Statutes
Alaska Stat. § 11.81.410 (2026)
Justification: Use of force by guards
✓ current as of July 2026
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Sec. 11.81.410. Justification: Use of force by guards.
(a) In addition to using force justified under other sections of this chapter, a guard or peace officer employed in a correctional facility may, if authorized by regulations adopted by the Department of Corrections, use nondeadly force upon another person when and to the extent reasonably necessary and appropriate to maintain order.
(b) Except as provided in (c) of this section, a guard or peace officer employed in a correctional facility or a peace officer in the immediate vicinity of a correctional facility at the time of an escape from the facility may use deadly force when and to the extent the guard or peace officer reasonably believes it necessary to terminate the escape or attempted escape of a prisoner from the correctional facility.
(c) The use of deadly force under (b) of this section is not justified if the guard or peace officer knows that the prisoner was under official detention in the correctional facility on a charge of a misdemeanor and does not believe that the prisoner is armed with a firearm, in which event only nondeadly force may be used.
(a) In addition to using force justified under other sections of this chapter, a guard or peace officer employed in a correctional facility may, if authorized by regulations adopted by the Department of Corrections, use nondeadly force upon another person when and to the extent reasonably necessary and appropriate to maintain order.
(b) Except as provided in (c) of this section, a guard or peace officer employed in a correctional facility or a peace officer in the immediate vicinity of a correctional facility at the time of an escape from the facility may use deadly force when and to the extent the guard or peace officer reasonably believes it necessary to terminate the escape or attempted escape of a prisoner from the correctional facility.
(c) The use of deadly force under (b) of this section is not justified if the guard or peace officer knows that the prisoner was under official detention in the correctional facility on a charge of a misdemeanor and does not believe that the prisoner is armed with a firearm, in which event only nondeadly force may be used.
Notes of Decisions
Cited in 2
cases, 1994–2012 · leading case: LeFever v. State, 877 P.2d 1298 (Alaska Ct. App. 1994).
LeFever v. State, 877 P.2d 1298 (Alaska Ct. App. 1994). “A contrary interpretation could lead to particularly anomalous results if applied to AS 11.81.410. Alaska Statute 11.81.-410(b) generally authorizes guards or peace officers to use deadly force when necessary to prevent an escape of a prisoner from a correctional facility.”
Bachmeier v. State, 276 P.3d 494 (Alaska Ct. App. 2012). “For this reason, Judge Huguelet decided to inform the jurors of the provisions of AS 11.81.410(a): [A] guard or peace officer employed in a correctional facility may, if authorized by regulations adopted by the Department of Corrections, use nondeadly force upon another person…”
— Alaska Stat. § 11.81.410(a) — 1 case
Bachmeier v. State, 276 P.3d 494 (Alaska Ct. App. 2012). “For this reason, Judge Huguelet decided to inform the jurors of the provisions of AS 11.81.410(a): [A] guard or peace officer employed in a correctional facility may, if authorized by regulations adopted by the Department of Corrections, use nondeadly force upon another person…”
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