Alaska Statutes

Alaska Stat. § 12.45.035 (2026)

Admissibility of DNA profiles

✓ current as of July 2026
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Sec. 12.45.035. Admissibility of DNA profiles.
 (a) In a criminal action or proceeding, evidence of a DNA profile is admissible to prove or disprove any relevant fact, if the court finds that the technique underlying the evidence is scientifically valid. The admission of the DNA profile does not require a finding of general acceptance in the relevant scientific community of DNA profile evidence.

 (b) In this section,
     (1) “deoxyribonucleic acid” means the molecules in all cellular forms that contain genetic information in a patterned chemical structure for each individual;

     (2) “DNA profile”
          (A) means an analysis of blood, semen, tissue, or other cells bearing deoxyribonucleic acid resulting in the identification of the individual's patterned chemical structure of genetic information;

          (B) includes statistical population frequency comparisons of the patterned chemical structures described in (A) of this paragraph.




Notes of Decisions
Cited in 4 cases, 1995–2001 · leading case: Harmon v. State, 908 P.2d 434 (Alaska Ct. App. 1995).
Harmon v. State, 908 P.2d 434 (Alaska Ct. App. 1995). · cites it 3× “In the recently enacted AS 12.45.035 (see eh. 7 § 2 SLA 1995), the Alaska Legislature apparently declared that DNA evidence is admissible despite this potential problem.”
Armstead v. State, 673 A.2d 221 (Md. 1996). · cites it 2× “§§ 634.25-634.26 (West Supp. 1995)), North Dakota (N.”
Peters v. State, 18 P.3d 1224 (Alaska Ct. App. 2001). · cites it 2× “The admission of the DNA profile does not require a finding of general acceptance in the relevant scientific community of DNA profile evidence. (b) In this section, (1) "deoxyribonucleic acid" means the molecules in all cellular forms that contain genetic information in a…”
Brodine v. State, 936 P.2d 545 (Alaska Ct. App. 1997). · cites it 2× “After the Frye hearing in this case, the Alaska Legislature enacted AS 12.45.035, which provides in relevant part: [E]vidence of a DNA profile is admissible to prove or disprove any relevant fact, if the court finds that the technique underlying the evidence is scientifically…”
Alaska Stat. § 12.45.035(2)(B): 1 case
Peters v. State, 18 P.3d 1224 (Alaska Ct. App. 2001). “The admission of the DNA profile does not require a finding of general acceptance in the relevant scientific community of DNA profile evidence. (b) In this section, (1) "deoxyribonucleic acid" means the molecules in all cellular forms that contain genetic information in a…”
Alaska Stat. § 12.45.035(a): 1 case
Harmon v. State, 908 P.2d 434 (Alaska Ct. App. 1995). “In the recently enacted AS 12.45.035 (see eh. 7 § 2 SLA 1995), the Alaska Legislature apparently declared that DNA evidence is admissible despite this potential problem.”
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