Alaska Statutes
Alaska Stat. § 12.10.040 (2026)
When period of limitation does not run
✓ current as of July 2026
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Sec. 12.10.040. When period of limitation does not run.
(a) The period of limitation does not run during any time when the accused, with a purpose to avoid detection, apprehension, or prosecution, is outside the state or is absent from the accused's usual place of abode within the state, but in no case shall this provision extend the period of limitation otherwise applicable by more than three years.
(b) The period of limitation does not run during any time when a prosecution against the accused for the same conduct is pending in this state.
Chapter 15. Parties.
Secs. 12.15.010 — 12.15.040. [Repealed, § 21 ch 166 SLA 1978. For present provisions, see AS 11.16.]
Chapter 20. Bars to Actions.
(a) The period of limitation does not run during any time when the accused, with a purpose to avoid detection, apprehension, or prosecution, is outside the state or is absent from the accused's usual place of abode within the state, but in no case shall this provision extend the period of limitation otherwise applicable by more than three years.
(b) The period of limitation does not run during any time when a prosecution against the accused for the same conduct is pending in this state.
Chapter 15. Parties.
Secs. 12.15.010 — 12.15.040. [Repealed, § 21 ch 166 SLA 1978. For present provisions, see AS 11.16.] Chapter 20. Bars to Actions.
Notes of Decisions
Cited in 7
cases (2 in the last 5 years), 1981–2023 · leading case: Hernandez v. State, 127 S.W.3d 768 (Tex. Crim. App. 2004).
Hernandez v. State, 127 S.W.3d 768 (Tex. Crim. App. 2004). “[5] Alaska Stat. § 12.10.040 (b) (Michie 2003); Ark.”
Catholic Bishop of N. Alaska v. John Does 1-6, 141 P.3d 719 (Alaska 2006). “020, as that section read the day before the effective date of this Act, and any period when the limitations period did not run under AS 12.10.040.[ 24 ] The plaintiffs argue that the lack of comparable language regarding the lifting of the statute of limitations for civil…”
Shaw v. State, 634 P.2d 381 (Alaska Ct. App. 1981). “2 This appeal requires us to interpret AS 12.10.040, which reads as follows: When period of limitation does not run.”
O'Shea v. State, 683 P.2d 286 (Alaska Ct. App. 1984). “010 (prosecution for a crime must commence within five years of the prohibited act); AS 12.10.040 (limitation period tolled for a maximum of three years if defendant is a fugitive from justice).”
State v. Padilla, 534 P.3d 223 (N.M. Ct. App. 2023). “”); Alaska Stat. § 12.10.040 (b) (West 1962) (“The period of limitation does not run during any time when a prosecution against the accused for the same conduct is pending in this state.”
State v. Padilla (N.M. Ct. App. 2023). “”); Alaska Stat. § 12.10.040 (b) (West 1962) (“The period of limitation does not run during any time when a prosecution against the accused for the same conduct is pending in this state.”
Hernandez, Alexander (Tex. Crim. App. 2004). “Alaska Stat. § 12.10.040 (b) (Michie 2003); Ark.”
— Alaska Stat. § 12.10.040(a) — 1 case
Shaw v. State, 634 P.2d 381 (Alaska Ct. App. 1981). “2 This appeal requires us to interpret AS 12.10.040, which reads as follows: When period of limitation does not run.”
— Alaska Stat. § 12.10.040(b) — 1 case
Shaw v. State, 634 P.2d 381 (Alaska Ct. App. 1981). “2 This appeal requires us to interpret AS 12.10.040, which reads as follows: When period of limitation does not run.”
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