Alaska Stat. » Chapter 12.45
Alaska Statutes

Alaska Stat. § 12.45.083 (2026)

Mental disease or defect excluding responsibility. [Repealed, § 42 ch 143 SLA 1982. For present provisions, see

✓ current as of July 2026
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Sec. 12.45.083. Mental disease or defect excluding responsibility. [Repealed, § 42 ch 143 SLA 1982. For present provisions, see AS 12.47.]
For present provisions, see AS 12.47.

For present provisions, see AS 12.47.



Notes of Decisions
Cited in 32 cases (2 in the last 5 years), 1973–2021 · leading case: Christie v. State, 580 P.2d 310 (Alaska 1978).
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Christie v. State, 580 P.2d 310 (Alaska 1978). · cites it 10× “AS 12.45.083 states in part: (a) A person is not responsible for criminal conduct if at the time of the conduct, as a result of mental disease or defect, he lacks substantial capacity either to appreciate the wrongfulness of his conduct or to conform his conduct to the…”
Houston v. State, 602 P.2d 784 (Alaska 1979). · cites it 5× “[3] This test is set forth in AS 12.45.083(a): A person is not responsible for criminal conduct if at the time of the conduct, as a result of mental disease or defect, he lacks substantial capacity either to appreciate the wrongfulness of his conduct or to conform his conduct to…”
Hensel v. State, 604 P.2d 222 (Alaska 1979). · cites it 6× “AS 12.45.083 is contained in the Code of Criminal Procedure.”
Alto v. State, 565 P.2d 492 (Alaska 1977). · cites it 8× “Did the superior court err in finding appellant guilty of murder and larceny, in view of the evidence of mental disease or defect excluding criminal responsibility under AS 12.45.083? According to the undisputed testimony at trial, Frank Augie Alto brutally beat and killed Marta…”
Schade v. State, 512 P.2d 907 (Alaska 1973). · cites it 7× “The test currently found in AS 12.45.083 (which encapsulates the American Law Institute formulation) is, in our opinion, the correct one.”
Dolchok v. State, 639 P.2d 277 (Alaska 1982). · cites it 6× “Dolchok's defense was insanity under AS 12.45.083. Both the prosecutor and Dolchok's defense attorney thought that he should be found not guilty because of insanity ("NGI").”
Post v. State, 580 P.2d 304 (Alaska 1978). · cites it 4× “AS 12.45.083(d) grants a defendant pleading insanity a unilateral right to waive a jury trial.”
Howe v. State, 589 P.2d 421 (Alaska 1979). · cites it 4× “NOTES [1] AS 12.45.083(a) reads: Mental disease or defect excluding responsibility.”
McKinney v. State, 566 P.2d 653 (Alaska 1977). · cites it 3× “SANITY Under Alaska’s insanity defense statute, AS 12.45.083, 17 once evidence of insanity is introduced, the state is required to prove sanity beyond a reasonable doubt.”
O'LEARY v. State, 604 P.2d 1099 (Alaska 1979). · cites it 3× “4 Alaska’s insanity statute, AS 12.45.083, 5 provides in subsection (a): “A person is not responsible for criminal conduct if at the time of the conduct, as a result of mental disease or defect, he lacks substantial capacity either to appreciate the wrongfulness of his conduct…”
Hart v. State, 702 P.2d 651 (Alaska Ct. App. 1985). · cites it 2× “” (1) A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality [wrongfulness] of his conduct or to conform his conduct to the requirements of law.”
Evans v. State, 645 P.2d 155 (Alaska 1982). · cites it 2× “Defense of Insanity The superior court precluded Evans from asserting a defense of insanity under AS 12.45.083(a) by excluding any testimony on that issue.”
Show all 32 citing cases →
— Alaska Stat. § 12.45.083(a) — 12 cases
Christie v. State, 580 P.2d 310 (Alaska 1978). “AS 12.45.083 states in part: (a) A person is not responsible for criminal conduct if at the time of the conduct, as a result of mental disease or defect, he lacks substantial capacity either to appreciate the wrongfulness of his conduct or to conform his conduct to the…”
Houston v. State, 602 P.2d 784 (Alaska 1979). “[3] This test is set forth in AS 12.45.083(a): A person is not responsible for criminal conduct if at the time of the conduct, as a result of mental disease or defect, he lacks substantial capacity either to appreciate the wrongfulness of his conduct or to conform his conduct to…”
Dolchok v. State, 639 P.2d 277 (Alaska 1982). “Dolchok's defense was insanity under AS 12.45.083. Both the prosecutor and Dolchok's defense attorney thought that he should be found not guilty because of insanity ("NGI").”
Evans v. State, 645 P.2d 155 (Alaska 1982). “Defense of Insanity The superior court precluded Evans from asserting a defense of insanity under AS 12.45.083(a) by excluding any testimony on that issue.”
Howe v. State, 589 P.2d 421 (Alaska 1979). “NOTES [1] AS 12.45.083(a) reads: Mental disease or defect excluding responsibility.”
— Alaska Stat. § 12.45.083(b) — 5 cases
Christie v. State, 580 P.2d 310 (Alaska 1978). “AS 12.45.083 states in part: (a) A person is not responsible for criminal conduct if at the time of the conduct, as a result of mental disease or defect, he lacks substantial capacity either to appreciate the wrongfulness of his conduct or to conform his conduct to the…”
Hensel v. State, 604 P.2d 222 (Alaska 1979). “AS 12.45.083 is contained in the Code of Criminal Procedure.”
Alto v. State, 565 P.2d 492 (Alaska 1977). “Did the superior court err in finding appellant guilty of murder and larceny, in view of the evidence of mental disease or defect excluding criminal responsibility under AS 12.45.083? According to the undisputed testimony at trial, Frank Augie Alto brutally beat and killed Marta…”
Howe v. State, 589 P.2d 421 (Alaska 1979). “NOTES [1] AS 12.45.083(a) reads: Mental disease or defect excluding responsibility.”
State v. Alto, 589 P.2d 402 (Alaska 1979).
— Alaska Stat. § 12.45.083(c) — 1 case
State v. Alto, 589 P.2d 402 (Alaska 1979).
— Alaska Stat. § 12.45.083(d) — 6 cases
Houston v. State, 602 P.2d 784 (Alaska 1979). “[3] This test is set forth in AS 12.45.083(a): A person is not responsible for criminal conduct if at the time of the conduct, as a result of mental disease or defect, he lacks substantial capacity either to appreciate the wrongfulness of his conduct or to conform his conduct to…”
Post v. State, 580 P.2d 304 (Alaska 1978). “AS 12.45.083(d) grants a defendant pleading insanity a unilateral right to waive a jury trial.”
Dolchok v. State, 639 P.2d 277 (Alaska 1982). “Dolchok's defense was insanity under AS 12.45.083. Both the prosecutor and Dolchok's defense attorney thought that he should be found not guilty because of insanity ("NGI").”
Schade v. State, 512 P.2d 907 (Alaska 1973). “The test currently found in AS 12.45.083 (which encapsulates the American Law Institute formulation) is, in our opinion, the correct one.”
Eben v. State, 599 P.2d 700 (Alaska 1979).
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