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Alaska Statutes

Alaska Stat. § 12.20.020 (2026)

When acquittal or dismissal is not a bar

✓ current as of July 2026
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Sec. 12.20.020. When acquittal or dismissal is not a bar.
If the defendant is acquitted on the ground of a variance between the charge and the proof, or the charge is dismissed upon an objection to its form or substance, or discharged for want of prosecution, without a judgment of acquittal or in bar of another prosecution, it is not an acquittal of the crime and does not bar a subsequent prosecution for the same crime.


Notes of Decisions
Cited in 3 cases, 1981–2005 · leading case: Hurd v. State, 107 P.3d 314 (Alaska Ct. App. 2005).
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Hurd v. State, 107 P.3d 314 (Alaska Ct. App. 2005). · cites it 4× “Was Hurd’s third-degree assault conviction barred by the combination of AS 12.20.020 and AS 12.20.050? Hurd argues that, because Judge Pengilly previously dismissed the third-degree assault count, that count can not be revived.”
Schouten v. State, 77 P.3d 739 (Alaska Ct. App. 2003). · cites it 7× “The defendants' argument that, by reason of AS 12.20.020 and AS 12.20.050, Magistrate Brice's dismissal of the charges barred the State from re-filing the charges The defendants' second argument is that, regardless of whether Magistrate Brice intended to dismiss the charges with…”
Nix v. State, 624 P.2d 823 (Alaska Ct. App. 1981). “36, 43; AS 12.20.020; Alaska R.App.P. 520; cf. Shagloak v.”
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