Alaska Statutes
Alaska Stat. § 11.81.600 (2026)
General requirements of culpability
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Sec. 11.81.600. General requirements of culpability.
(a) The minimal requirement for criminal liability is the performance by a person of conduct that includes a voluntary act or the omission to perform an act that the person is capable of performing.
(b) A person is not guilty of an offense unless the person acts with a culpable mental state, except that no culpable mental state must be proved
(1) if the description of the offense does not specify a culpable mental state and the offense is
(A) a violation; or
(B) designated as one of “strict liability”; or
(2) if a legislative intent to dispense with the culpable mental state requirement is present.
(a) The minimal requirement for criminal liability is the performance by a person of conduct that includes a voluntary act or the omission to perform an act that the person is capable of performing.
(b) A person is not guilty of an offense unless the person acts with a culpable mental state, except that no culpable mental state must be proved
(1) if the description of the offense does not specify a culpable mental state and the offense is
(A) a violation; or
(B) designated as one of “strict liability”; or
(2) if a legislative intent to dispense with the culpable mental state requirement is present.
Notes of Decisions
Cited in 36
cases (5 in the last 5 years), 1982–2025 · leading case: Neitzel v. State, 655 P.2d 325 (Alaska Ct. App. 1982).
Neitzel v. State, 655 P.2d 325 (Alaska Ct. App. 1982). “CULPABLE MENTAL STATES The Model Penal Code provides that with the exception of violations and other strict liability offenses, with which we are not here concerned, a person is not guilty of an offense unless “he acted purposefully, knowingly, recklessly or negligently, as the…”
Palmer v. State, 379 P.3d 981 (Alaska Ct. App. 2016). “64, at 13-14 (June 2, 1982) (emphasizing that definition of mental illness substantially broadens definition of "mental disease or defect" and is intended to ensure that "not guilty by reason of insanity" defendant is "free of any mental condition that bears upon the issue of…”
Velez v. State, 762 P.2d 1297 (Alaska Ct. App. 1988). “In Reynolds , relying on Neitzel's interpretation of AS 11.81.600 and AS 11.81.610, we concluded that, as to the prohibited conduct sexual penetration the applicable mental state is "knowingly"; as to the surrounding circumstance lack of consent the applicable mental…”
Flink v. State, 683 P.2d 725 (Alaska Ct. App. 1984). “Under AS 11.81.600, the state is required to prove a criminal intent, or "culpable mental state," unless the legislature manifests its intent to dispense with the mental element of an offense.”
Sampson v. State, 31 P.3d 88 (Alaska 2001). “For purposes of establishing eriminal lability, Alaska's criminal code adopts this distinction in AS 11.81.600(a) and AS 11.81.900(b)(41). The former provision states that "[the minimal requirement for criminal liability is the performance by a person of conduct that includes a…”
State v. Simpson, 53 P.3d 165 (Alaska Ct. App. 2002). “Both Montana law (Montana Statute 452-202) and Alaska law (AS 11.81.600(a)) declare that, aside from any cul *169 pable mental states that may apply to the elements of a particular crime, all crimes require proof that the offender engaged in a "voluntary act".”
Beran v. State, 705 P.2d 1280 (Alaska Ct. App. 1985). “AS 11.81.600(b) provides: A person is not guilty of an offense unless he acts with a culpable mental state, except that no culpable mental state must be proved (1) if the description of the offense does not specify a culpable mental state and the offense is (A) a violation; or…”
Pulusila v. State, 425 P.3d 175 (Alaska Ct. App. 2018). “entirely repeal[ed] any insanity defense, it would still be necessary for the state to prove beyond reasonable doubt that the defendant engaged in conscious voluntary acts, [ see AS 11.81.600(a) ], and [that the defendant] possessed the requisite mens rea for the offense.”
Gregory v. State, 717 P.2d 428 (Alaska Ct. App. 1986). “610(b), which provides: Except as provided in AS 11.81.600(b) if a provision of law defining an offense does not prescribe a culpable mental state, the culpable mental state that must be proved with respect to (1) conduct is "knowingly" and (2) a circumstance or result is…”
Hart v. State, 702 P.2d 651 (Alaska Ct. App. 1985). “3 Thus even if the Alaska legislature had purported to entirely repeal any insanity defense, it would still be necessary for the state to prove beyond reasonable doubt that the defendant engaged in conscious voluntary acts, AS 11.81.600, 4 and pos *656 sessed the requisite mens…”
Ortberg v. State, 751 P.2d 1368 (Alaska Ct. App. 1988). “The state argues that this statute must be read in conjunction with AS 11.81.600(b) (a person is not guilty of an offense unless the person acts with a culpable mental state) and AS 11.”
Gudmundson v. State, 763 P.2d 1360 (Alaska Ct. App. 1988). “See AS 11.81.600(a) (the minimal requirement for criminal liability is the performance by a person of conduct which includes a voluntary act or the omission to perform an act which the person is capable of performing).”
— Alaska Stat. § 11.81.600(2) — 1 case
Palmer v. State, 379 P.3d 981 (Alaska Ct. App. 2016). “64, at 13-14 (June 2, 1982) (emphasizing that definition of mental illness substantially broadens definition of "mental disease or defect" and is intended to ensure that "not guilty by reason of insanity" defendant is "free of any mental condition that bears upon the issue of…”
— Alaska Stat. § 11.81.600(a) — 14 cases
Palmer v. State, 379 P.3d 981 (Alaska Ct. App. 2016). “64, at 13-14 (June 2, 1982) (emphasizing that definition of mental illness substantially broadens definition of "mental disease or defect" and is intended to ensure that "not guilty by reason of insanity" defendant is "free of any mental condition that bears upon the issue of…”
Sampson v. State, 31 P.3d 88 (Alaska 2001). “For purposes of establishing eriminal lability, Alaska's criminal code adopts this distinction in AS 11.81.600(a) and AS 11.81.900(b)(41). The former provision states that "[the minimal requirement for criminal liability is the performance by a person of conduct that includes a…”
Pulusila v. State, 425 P.3d 175 (Alaska Ct. App. 2018). “entirely repeal[ed] any insanity defense, it would still be necessary for the state to prove beyond reasonable doubt that the defendant engaged in conscious voluntary acts, [ see AS 11.81.600(a) ], and [that the defendant] possessed the requisite mens rea for the offense.”
Velez v. State, 762 P.2d 1297 (Alaska Ct. App. 1988). “In Reynolds , relying on Neitzel's interpretation of AS 11.81.600 and AS 11.81.610, we concluded that, as to the prohibited conduct sexual penetration the applicable mental state is "knowingly"; as to the surrounding circumstance lack of consent the applicable mental…”
State v. Simpson, 53 P.3d 165 (Alaska Ct. App. 2002). “Both Montana law (Montana Statute 452-202) and Alaska law (AS 11.81.600(a)) declare that, aside from any cul *169 pable mental states that may apply to the elements of a particular crime, all crimes require proof that the offender engaged in a "voluntary act".”
— Alaska Stat. § 11.81.600(b) — 15 cases
Neitzel v. State, 655 P.2d 325 (Alaska Ct. App. 1982). “CULPABLE MENTAL STATES The Model Penal Code provides that with the exception of violations and other strict liability offenses, with which we are not here concerned, a person is not guilty of an offense unless “he acted purposefully, knowingly, recklessly or negligently, as the…”
Beran v. State, 705 P.2d 1280 (Alaska Ct. App. 1985). “AS 11.81.600(b) provides: A person is not guilty of an offense unless he acts with a culpable mental state, except that no culpable mental state must be proved (1) if the description of the offense does not specify a culpable mental state and the offense is (A) a violation; or…”
Gregory v. State, 717 P.2d 428 (Alaska Ct. App. 1986). “610(b), which provides: Except as provided in AS 11.81.600(b) if a provision of law defining an offense does not prescribe a culpable mental state, the culpable mental state that must be proved with respect to (1) conduct is "knowingly" and (2) a circumstance or result is…”
Velez v. State, 762 P.2d 1297 (Alaska Ct. App. 1988). “In Reynolds , relying on Neitzel's interpretation of AS 11.81.600 and AS 11.81.610, we concluded that, as to the prohibited conduct sexual penetration the applicable mental state is "knowingly"; as to the surrounding circumstance lack of consent the applicable mental…”
State v. Simpson, 53 P.3d 165 (Alaska Ct. App. 2002). “Both Montana law (Montana Statute 452-202) and Alaska law (AS 11.81.600(a)) declare that, aside from any cul *169 pable mental states that may apply to the elements of a particular crime, all crimes require proof that the offender engaged in a "voluntary act".”
— Alaska Stat. § 11.81.600(b)(2) — 2 cases
Flink v. State, 683 P.2d 725 (Alaska Ct. App. 1984). “Under AS 11.81.600, the state is required to prove a criminal intent, or "culpable mental state," unless the legislature manifests its intent to dispense with the mental element of an offense.”
Noblit v. State, 808 P.2d 280 (Alaska Ct. App. 1991).
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