Alaska Statutes
Alaska Stat. § 11.81.620 (2026)
Effect of ignorance or mistake upon liability
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Sec. 11.81.620. Effect of ignorance or mistake upon liability.
(a) Knowledge, recklessness, or criminal negligence as to whether conduct constitutes an offense, or knowledge, recklessness, or criminal negligence as to the existence, meaning, or application of the provision of law defining an offense, is not an element of an offense unless the provision of law clearly so provides. Use of the phrase “intent to commit a crime”, “intent to promote or facilitate the commission of a crime”, or like terminology in a provision of law does not require that the defendant act with a culpable mental state as to the criminality of the conduct that is the object of the defendant's intent.
(b) A person is not relieved of criminal liability for conduct because the person engages in the conduct under a mistaken belief of fact, unless
(1) the factual mistake is a reasonable one that negates the culpable mental state required for the commission of the offense;
(2) the provision of law defining the offense or a related provision of law expressly provides that the factual mistake constitutes a defense or exemption; or
(3) the factual mistake is a reasonable one that supports a defense of justification as provided in AS 11.81.320 — 11.81.430.
(a) Knowledge, recklessness, or criminal negligence as to whether conduct constitutes an offense, or knowledge, recklessness, or criminal negligence as to the existence, meaning, or application of the provision of law defining an offense, is not an element of an offense unless the provision of law clearly so provides. Use of the phrase “intent to commit a crime”, “intent to promote or facilitate the commission of a crime”, or like terminology in a provision of law does not require that the defendant act with a culpable mental state as to the criminality of the conduct that is the object of the defendant's intent.
(b) A person is not relieved of criminal liability for conduct because the person engages in the conduct under a mistaken belief of fact, unless
(1) the factual mistake is a reasonable one that negates the culpable mental state required for the commission of the offense;
(2) the provision of law defining the offense or a related provision of law expressly provides that the factual mistake constitutes a defense or exemption; or
(3) the factual mistake is a reasonable one that supports a defense of justification as provided in AS 11.81.320 — 11.81.430.
Notes of Decisions
Cited in 13
cases (1 in the last 5 years), 1985–2023 · leading case: Ostrosky v. State, 704 P.2d 786 (Alaska Ct. App. 1985).
Ostrosky v. State, 704 P.2d 786 (Alaska Ct. App. 1985). “620(a) provides: (a) Knowledge, recklessness, or criminal negligence as to whether conduct constitutes an offense, or knowledge, recklessness, or criminal negligence as to the existence, meaning, or application of the provision of law defining an offense, is not an element of an…”
State v. Strane, 61 P.3d 1284 (Alaska 2003). “AS 11.81.620 declares that a defendant’s “knowledge, recklessness, or criminal negligence as to the .”
Strane v. State, 16 P.3d 745 (Alaska Ct. App. 2001). “620(a) declares: "Knowledge, recklessness, or criminal negligence as to whether conduct constitutes an offense, or knowledge, recklessness, or criminal negligence as to the existence, meaning, or application of the provision of law defining an offense, is not an element of an…”
Traylor v. State, 43 S.W.3d 725 (Tex. App. 2001). “11, § 441(1) (1999); Haw.Rev.Stat. § 702-218(1) (1999); Idaho Code § 18-201 (1) (1999); Ill.”
De Nardo v. State, 819 P.2d 903 (Alaska Ct. App. 1991). “But AS 11.81.620(a) declares that, unless the legislature has specifically provided otherwise, neither “[knowledge .”
Gerlach v. State, 699 P.2d 358 (Alaska Ct. App. 1985). “See AS 11.81.620. 5 . We do not suggest that a child abuse report would necessarily have been warranted in this case.”
Busby v. State, 40 P.3d 807 (Alaska Ct. App. 2002). “AS 11.81.620 declares that a defendant's "knowledge, recklessness, or criminal negli-genee as to the .”
Cornwall v. State, 915 P.2d 640 (Alaska Ct. App. 1996). “As stated in AS 11.81.620(a), Knowledge ... as to whether conduct constitutes an offense, or knowledge .”
Stoner v. State, 421 P.3d 108 (Alaska Ct. App. 2018). “This principle is codified in AS 11.81.620(a) : Effect of ignorance or mistake upon liability .”
Brandon James Hughes v. State of Alaska, 541 P.3d 542 (Alaska Ct. App. 2023). “”[10] The Alaska legislature codified certain exceptions to this rule in AS 11.81.620, which provides that defendants may avoid criminal liability based on a mistake of law or fact under limited circumstances.”
Morgan v. State, 943 P.2d 1208 (Alaska Ct. App. 1997). “AS 11.81.620(a) declares that, unless a criminal statute clearly specifies otherwise, neither “[k]nowledge .”
Russell v. State, 793 P.2d 1085 (Alaska Ct. App. 1990). “Under AS 11.81.620(b), a mistake of fact can be a defense to a crime only when it is a reasonable mistake.”
— Alaska Stat. § 11.81.620(a) — 9 cases
Ostrosky v. State, 704 P.2d 786 (Alaska Ct. App. 1985). “620(a) provides: (a) Knowledge, recklessness, or criminal negligence as to whether conduct constitutes an offense, or knowledge, recklessness, or criminal negligence as to the existence, meaning, or application of the provision of law defining an offense, is not an element of an…”
State v. Strane, 61 P.3d 1284 (Alaska 2003). “AS 11.81.620 declares that a defendant’s “knowledge, recklessness, or criminal negligence as to the .”
De Nardo v. State, 819 P.2d 903 (Alaska Ct. App. 1991). “But AS 11.81.620(a) declares that, unless the legislature has specifically provided otherwise, neither “[knowledge .”
Cornwall v. State, 915 P.2d 640 (Alaska Ct. App. 1996). “As stated in AS 11.81.620(a), Knowledge ... as to whether conduct constitutes an offense, or knowledge .”
Strane v. State, 16 P.3d 745 (Alaska Ct. App. 2001). “620(a) declares: "Knowledge, recklessness, or criminal negligence as to whether conduct constitutes an offense, or knowledge, recklessness, or criminal negligence as to the existence, meaning, or application of the provision of law defining an offense, is not an element of an…”
— Alaska Stat. § 11.81.620(b) — 4 cases
Strane v. State, 16 P.3d 745 (Alaska Ct. App. 2001). “620(a) declares: "Knowledge, recklessness, or criminal negligence as to whether conduct constitutes an offense, or knowledge, recklessness, or criminal negligence as to the existence, meaning, or application of the provision of law defining an offense, is not an element of an…”
Ostrosky v. State, 704 P.2d 786 (Alaska Ct. App. 1985). “620(a) provides: (a) Knowledge, recklessness, or criminal negligence as to whether conduct constitutes an offense, or knowledge, recklessness, or criminal negligence as to the existence, meaning, or application of the provision of law defining an offense, is not an element of an…”
Russell v. State, 793 P.2d 1085 (Alaska Ct. App. 1990). “Under AS 11.81.620(b), a mistake of fact can be a defense to a crime only when it is a reasonable mistake.”
Brandon James Hughes v. State of Alaska, 541 P.3d 542 (Alaska Ct. App. 2023). “”[10] The Alaska legislature codified certain exceptions to this rule in AS 11.81.620, which provides that defendants may avoid criminal liability based on a mistake of law or fact under limited circumstances.”
— Alaska Stat. § 11.81.620(b)(1) — 1 case
Brandon James Hughes v. State of Alaska, 541 P.3d 542 (Alaska Ct. App. 2023). “”[10] The Alaska legislature codified certain exceptions to this rule in AS 11.81.620, which provides that defendants may avoid criminal liability based on a mistake of law or fact under limited circumstances.”
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