Alaska Statutes
Alaska Stat. § 12.20.040 (2026)
When conviction or acquittal is a bar to other offenses
✓ current as of July 2026
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Sec. 12.20.040. When conviction or acquittal is a bar to other offenses.
When the defendant is convicted or acquitted of a crime consisting of different degrees, the conviction or acquittal is a bar to another prosecution for the crime charged in the former or for any inferior degree of that crime, or for an attempt to commit that crime, or for an offense necessarily included in the crime of which the defendant might have been convicted under the information, indictment, or complaint.
When the defendant is convicted or acquitted of a crime consisting of different degrees, the conviction or acquittal is a bar to another prosecution for the crime charged in the former or for any inferior degree of that crime, or for an attempt to commit that crime, or for an offense necessarily included in the crime of which the defendant might have been convicted under the information, indictment, or complaint.
Notes of Decisions
Cited in 2
cases, 1971–2019 · leading case: Adam Charles Dere v. State of Alaska, 444 P.3d 204 (Alaska Ct. App. 2019).
Adam Charles Dere v. State of Alaska, 444 P.3d 204 (Alaska Ct. App. 2019). “20 Even though the jury at Hughes's first trial found him guilty of the lesser included offense, Hughes's retrial on the greater offense did not violate either the double jeopardy clause or the analogous statutory rule codified in AS 12.”
Mead v. State, 489 P.2d 738 (Alaska 1971). “In support of the first he cites AS 12.20.040. 9 But that statute only prohibits successive prosecutions, not multiple convictions in the same prosecution.”
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