Alaska Statutes
Alaska Stat. § 12.45.120 (2026)
Authority to compromise misdemeanors for which victim has civil action
✓ current as of July 2026
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Sec. 12.45.120. Authority to compromise misdemeanors for which victim has civil action.
If a defendant is held to answer on a charge of misdemeanor for which the person injured by the act constituting the crime has a remedy by a civil action, the crime may be compromised except when it was committed
(1) by or upon a peace officer, judge, or magistrate while in the execution of the duties of that office;
(2) riotously;
(3) with an intent to commit a felony;
(4) larcenously;
(5) against
(A) a spouse or a former spouse of the defendant;
(B) a parent, grandparent, child, or grandchild of the defendant;
(C) a member of the social unit comprised of those living together in the same dwelling as the defendant; or
(D) a person who is not a spouse or former spouse of the defendant but who previously lived in a spousal relationship with the defendant.
If a defendant is held to answer on a charge of misdemeanor for which the person injured by the act constituting the crime has a remedy by a civil action, the crime may be compromised except when it was committed
(1) by or upon a peace officer, judge, or magistrate while in the execution of the duties of that office;
(2) riotously;
(3) with an intent to commit a felony;
(4) larcenously;
(5) against
(A) a spouse or a former spouse of the defendant;
(B) a parent, grandparent, child, or grandchild of the defendant;
(C) a member of the social unit comprised of those living together in the same dwelling as the defendant; or
(D) a person who is not a spouse or former spouse of the defendant but who previously lived in a spousal relationship with the defendant.
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 1978–2021 · leading case: Hensel v. State, 585 P.2d 878 (Alaska 1978).
Hensel v. State, 585 P.2d 878 (Alaska 1978). “This case concerns the Alaska civil compromise statutes: AS 12.45.120, 12.45.130 and 12.45.140. 1 On September 22, 1976, Hensel struck a vehicle driven by Dan B.”
Willmes v. Reno Mun. Court, 59 P.3d 1197 (Nev. 2002). “See Alaska Stat. § 12.45.120 (2002); Or. Rev.”
Pickard v. State, 965 P.2d 755 (Alaska Ct. App. 1998). “We further note that the legislature has limited the civil compromise statute, AS 12.45.120(5), so that the victims of misdemeanor domestic assaults can no longer reconcile with their attackers and then demand dismissal of the criminal charges.”
State v. Nelles, 713 P.2d 806 (Alaska Ct. App. 1986). “AS 12.45.120, 12.45.130. There is no suggestion in the civil compromise statutes that the court’s power to dismiss is conditioned upon the agreement of the prosecutor.”
Mun. of Anchorage v. Sanders, 902 P.2d 347 (Alaska Ct. App. 1995). “Prior to trial, Sanders moved to dismiss the case under Alaska’s civil compromise statute, AS 12.45.120, claiming that he had civilly compromised the case with J.”
State of Alaska v. Francis P. Azzarella, 483 P.3d 904 (Alaska Ct. App. 2021). “Why we reverse the dismissal of the indictment This appeal requires us to interpret Alaska’s civil compromise statutes, AS 12.45.120 through AS 12.45.140, which authorize the court to dismiss a prosecution if the defendant meets certain statutory requirements.”
Alaska Stat. § 12.45.120(5): 2 cases
Pickard v. State, 965 P.2d 755 (Alaska Ct. App. 1998). “We further note that the legislature has limited the civil compromise statute, AS 12.45.120(5), so that the victims of misdemeanor domestic assaults can no longer reconcile with their attackers and then demand dismissal of the criminal charges.”
Mun. of Anchorage v. Sanders, 902 P.2d 347 (Alaska Ct. App. 1995). “Prior to trial, Sanders moved to dismiss the case under Alaska’s civil compromise statute, AS 12.45.120, claiming that he had civilly compromised the case with J.”
Alaska Stat. § 12.45.120(5)(D): 1 case
Mun. of Anchorage v. Sanders, 902 P.2d 347 (Alaska Ct. App. 1995). “Prior to trial, Sanders moved to dismiss the case under Alaska’s civil compromise statute, AS 12.45.120, claiming that he had civilly compromised the case with J.”
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