Alaska Statutes
Alaska Stat. § 11.81.430 (2026)
Justification: Use of force, special relationships
✓ current as of July 2026
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Sec. 11.81.430. Justification: Use of force, special relationships.
(a) The use of force on another person that would otherwise constitute an offense is justified under any of the following circumstances:
(1) When and to the extent reasonably necessary and appropriate to promote the welfare of the child or incompetent person, a parent, guardian, or other person entrusted with the care and supervision of a child under 18 years of age or an incompetent person may use reasonable and appropriate nondeadly force on that child or incompetent person.
(2) When and to the extent reasonably necessary and appropriate to maintain order and when the use of force is consistent with the welfare of the students, a teacher may, if authorized by school regulations and the principal of the school, use reasonable and appropriate nondeadly force on a student. If authorized by school regulations and the principal of the school, a teacher may use nondeadly force under this paragraph in any situation in which the teacher is responsible for the supervision of students. A teacher employed by a school board, including a regional educational attendance area school board, may use nondeadly force under this paragraph only if the school regulations authorizing the use of force have been adopted by the school board.
(3) When and to the extent reasonably necessary and appropriate to maintain order, a person responsible for the maintenance of order in a common carrier of passengers, or a person acting under that person's direction, may use reasonable and appropriate nondeadly force.
(4) When and to the extent reasonably necessary to prevent a suicide, a person who reasonably believes that another is imminently about to commit suicide may use reasonable and appropriate nondeadly force on that person.
(5) A licensed physician, licensed mobile intensive care paramedic, or registered or advanced practice registered nurse; or a person acting under the direction of a licensed physician, licensed mobile intensive care paramedic, or registered or advanced practice registered nurse; or any person who renders emergency care at the scene of an emergency, may use reasonable and appropriate nondeadly force for the purpose of administering a recognized and lawful form of treatment that is reasonably adapted to promoting the physical or mental health of the patient if
(A) the treatment is administered with the consent of the patient or, if the patient is a child under 18 years of age or an incompetent person, with the consent of the parent, guardian, or other person entrusted with care and supervision of the child or incompetent person; or
(B) the treatment is administered in an emergency if the person administering the treatment reasonably believes that no one competent to consent can be consulted under the circumstances and that a reasonable person, wishing to safeguard the welfare of the patient, would consent.
(b) A person who raises a defense under (a)(1) of this section and claims that the person upon whom force was used was an incompetent person has the burden of establishing by a preponderance of the evidence that, at the time force was used, the person upon whom the force was used was an incompetent person.
(a) The use of force on another person that would otherwise constitute an offense is justified under any of the following circumstances:
(1) When and to the extent reasonably necessary and appropriate to promote the welfare of the child or incompetent person, a parent, guardian, or other person entrusted with the care and supervision of a child under 18 years of age or an incompetent person may use reasonable and appropriate nondeadly force on that child or incompetent person.
(2) When and to the extent reasonably necessary and appropriate to maintain order and when the use of force is consistent with the welfare of the students, a teacher may, if authorized by school regulations and the principal of the school, use reasonable and appropriate nondeadly force on a student. If authorized by school regulations and the principal of the school, a teacher may use nondeadly force under this paragraph in any situation in which the teacher is responsible for the supervision of students. A teacher employed by a school board, including a regional educational attendance area school board, may use nondeadly force under this paragraph only if the school regulations authorizing the use of force have been adopted by the school board.
(3) When and to the extent reasonably necessary and appropriate to maintain order, a person responsible for the maintenance of order in a common carrier of passengers, or a person acting under that person's direction, may use reasonable and appropriate nondeadly force.
(4) When and to the extent reasonably necessary to prevent a suicide, a person who reasonably believes that another is imminently about to commit suicide may use reasonable and appropriate nondeadly force on that person.
(5) A licensed physician, licensed mobile intensive care paramedic, or registered or advanced practice registered nurse; or a person acting under the direction of a licensed physician, licensed mobile intensive care paramedic, or registered or advanced practice registered nurse; or any person who renders emergency care at the scene of an emergency, may use reasonable and appropriate nondeadly force for the purpose of administering a recognized and lawful form of treatment that is reasonably adapted to promoting the physical or mental health of the patient if
(A) the treatment is administered with the consent of the patient or, if the patient is a child under 18 years of age or an incompetent person, with the consent of the parent, guardian, or other person entrusted with care and supervision of the child or incompetent person; or
(B) the treatment is administered in an emergency if the person administering the treatment reasonably believes that no one competent to consent can be consulted under the circumstances and that a reasonable person, wishing to safeguard the welfare of the patient, would consent.
(b) A person who raises a defense under (a)(1) of this section and claims that the person upon whom force was used was an incompetent person has the burden of establishing by a preponderance of the evidence that, at the time force was used, the person upon whom the force was used was an incompetent person.
Notes of Decisions
Cited in 21
cases (4 in the last 5 years), 1982–2026 · leading case: State v. Jones, 750 P.2d 828 (Alaska Ct. App. 1988).
State v. Jones, 750 P.2d 828 (Alaska Ct. App. 1988). “NOTES [1] The provision governing justified use of parental force, as set out in AS 11.81.430, creates a defense. See AS 11.”
Flink v. State, 683 P.2d 725 (Alaska Ct. App. 1984). “See AS 11.81.430. [6] The state reasons that all lawful parental actions resulting in "sexual contact", to the extent they technically fall within the prohibited conduct described in former AS 11.”
Marquinn Jones-Nelson v. State of Alaska, 512 P.3d 665 (Alaska 2022). “070 (limiting an arresting officer or person to “necessary and proper” force (emphasis added)), and AS 11.81.430 (limiting parents to “reasonable and appropriate nondeadly force” (emphasis added)), with AS 11.”
Willis v. State, 888 N.E.2d 177 (Ind. 2008). “Code § 13A-3-24(1) (2005); Alaska Stat. § 11.81.430 (1)(a) (2006); Ariz.”
Pingree v. Cossette, 424 P.3d 371 (Alaska 2018). “use[s] reasonable and appropriate nondeadly force on that child."). We remind trial judges that comments indicating extrajudicial preferences must be scrupulously avoided, to avoid even the appearance of impropriety.”
Commonwealth v. Dorvil, 32 N.E.3d 861 (Mass. 2015). “5 See Alaska Stat. § 11.81.430 ; N.Y. Penal Law § 35.”
Cornwall v. State, 915 P.2d 640 (Alaska Ct. App. 1996). “The parental justification defense codified in AS 11.81.430(a)(1) is not defined in terms of the defendant’s knowledge of or belief concerning her legal status.”
John E. v. Andrea E., 445 P.3d 649 (Alaska 2019). “See AS 11.81.430(a)(1) (justifying the parental use of force "[w]hen and to the extent reasonably necessary and appropriate to promote the welfare of the child").”
Tipikin v. Mun. of Anchorage, 65 P.3d 899 (Alaska Ct. App. 2003). “AS 11.81.430 provides in relevant part: (a) The use of force upon another person that would otherwise constitute an offense is justified under any of the following circumstances: (1) When and to the extent reasonably necessary and appropriate to promote the welfare of the child…”
Wolfe v. State, 24 P.3d 1252 (Alaska Ct. App. 2001). “With particular regard to the possibility that Wolfe's role as a school teacher may have justified his conduct, the jury was further instructed, in words drawn directly from AS 11.81.430(a)(2), that [the use of force upon another person .”
Compassion in Dying v. Washington, 79 F.3d 790 (9th Cir. 1996). “See Alaska Stat. § 11.81.430 (a)(4) 1983; Ark.”
S.R.D. v. State, 820 P.2d 1088 (Alaska Ct. App. 1991). “- See AS 11.81.430(a)(1) (allowing parents to use “reasonable and appropriate nondeadly force” on their children when “reasonably necessary and appropriate to promote the welfare of the child”).”
— Alaska Stat. § 11.81.430(a) — 3 cases
State v. Jones, 750 P.2d 828 (Alaska Ct. App. 1988). “NOTES [1] The provision governing justified use of parental force, as set out in AS 11.81.430, creates a defense. See AS 11.”
Marquinn Jones-Nelson v. State of Alaska, 512 P.3d 665 (Alaska 2022). “070 (limiting an arresting officer or person to “necessary and proper” force (emphasis added)), and AS 11.81.430 (limiting parents to “reasonable and appropriate nondeadly force” (emphasis added)), with AS 11.”
Jessie R. v. Timothy F. (Alaska 2017).
— Alaska Stat. § 11.81.430(a)(1) — 14 cases
State v. Jones, 750 P.2d 828 (Alaska Ct. App. 1988). “NOTES [1] The provision governing justified use of parental force, as set out in AS 11.81.430, creates a defense. See AS 11.”
Marquinn Jones-Nelson v. State of Alaska, 512 P.3d 665 (Alaska 2022). “070 (limiting an arresting officer or person to “necessary and proper” force (emphasis added)), and AS 11.81.430 (limiting parents to “reasonable and appropriate nondeadly force” (emphasis added)), with AS 11.”
Pingree v. Cossette, 424 P.3d 371 (Alaska 2018). “use[s] reasonable and appropriate nondeadly force on that child."). We remind trial judges that comments indicating extrajudicial preferences must be scrupulously avoided, to avoid even the appearance of impropriety.”
Cornwall v. State, 915 P.2d 640 (Alaska Ct. App. 1996). “The parental justification defense codified in AS 11.81.430(a)(1) is not defined in terms of the defendant’s knowledge of or belief concerning her legal status.”
John E. v. Andrea E., 445 P.3d 649 (Alaska 2019). “See AS 11.81.430(a)(1) (justifying the parental use of force "[w]hen and to the extent reasonably necessary and appropriate to promote the welfare of the child").”
— Alaska Stat. § 11.81.430(a)(2) — 4 cases
Marquinn Jones-Nelson v. State of Alaska, 512 P.3d 665 (Alaska 2022). “070 (limiting an arresting officer or person to “necessary and proper” force (emphasis added)), and AS 11.81.430 (limiting parents to “reasonable and appropriate nondeadly force” (emphasis added)), with AS 11.”
Wolfe v. State, 24 P.3d 1252 (Alaska Ct. App. 2001). “With particular regard to the possibility that Wolfe's role as a school teacher may have justified his conduct, the jury was further instructed, in words drawn directly from AS 11.81.430(a)(2), that [the use of force upon another person .”
D. R. C. v. State, 646 P.2d 252 (Alaska Ct. App. 1982).
DRC v. State, 646 P.2d 252 (Alaska Ct. App. 1982).
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