Alaska Statutes
Alaska Stat. § 12.47.030 (2026)
Guilty but mentally ill
✓ current as of July 2026
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Sec. 12.47.030. Guilty but mentally ill.
(a) A defendant is guilty but mentally ill if, when the defendant engaged in the criminal conduct, the defendant lacked, as a result of a mental disease or defect, the substantial capacity either to appreciate the wrongfulness of that conduct or to conform that conduct to the requirements of law. A defendant found guilty but mentally ill is not relieved of criminal responsibility for criminal conduct and is subject to the provisions of AS 12.47.050.
(b) Evidence of a mental disease or defect that is manifested only by repeated criminal or antisocial conduct is not sufficient to establish that the defendant was guilty but mentally ill under (a) of this section.
(a) A defendant is guilty but mentally ill if, when the defendant engaged in the criminal conduct, the defendant lacked, as a result of a mental disease or defect, the substantial capacity either to appreciate the wrongfulness of that conduct or to conform that conduct to the requirements of law. A defendant found guilty but mentally ill is not relieved of criminal responsibility for criminal conduct and is subject to the provisions of AS 12.47.050.
(b) Evidence of a mental disease or defect that is manifested only by repeated criminal or antisocial conduct is not sufficient to establish that the defendant was guilty but mentally ill under (a) of this section.
Notes of Decisions
Cited in 16
cases (2 in the last 5 years), 1985–2021 · leading case: Barrett v. State, 772 P.2d 559 (Alaska Ct. App. 1989).
Barrett v. State, 772 P.2d 559 (Alaska Ct. App. 1989). “Barrett was found "guilty but mentally ill," AS 12.47.030, on a charge of escape in the second degree, a class B felony.”
Hart v. State, 702 P.2d 651 (Alaska Ct. App. 1985). “In accordance with an agreement with the state, Hart was adjudicated guilty but mentally ill, AS 12.47.030. He entered his plea in reliance on Oveson v.”
State v. Patterson, 740 P.2d 944 (Alaska 1987). “AS 12.47.030 provides in relevant part: Guilty but mentally ill.”
Lane v. Ballot, 330 P.3d 338 (Alaska 2014). “AS 12.47.030. 24 . The referenced statute, AS 12.”
State v. Clifton, 315 P.3d 694 (Alaska Ct. App. 2013). “Clifton's proposed alternative rationale for wpholding the superior court's decision As we just explained, the superior court found (as a factual matter) that Clifton was "guilty but mentally ill" as that phrase is defined in AS 12.47.030(1)-that, because of mental disease or…”
State v. Neely, 819 P.2d 249 (N.M. 1991). “[3] Eleven states in addition to New Mexico have enacted legislation providing for a verdict of guilty but mentally ill: Alaska, see Alaska Stat. §§ 12.47.030 -.055 (1990); Delaware, see Del.”
Richard Dorsey v. State of Alaska, 480 P.3d 1211 (Alaska Ct. App. 2021). “19 The court therefore ruled that it would instruct the jury that, if the jury accepted Dorsey’s involuntary intoxication defense, it was required to find Dorsey “guilty but mentally ill” under AS 12.47.030. To preserve the record and inform any specific rulings on…”
Lord v. State, 262 P.3d 855 (Alaska Ct. App. 2011). “See AS 12.47.030 (stating standard for guilty but mentally ill}.”
State v. McWilliams, 352 S.E.2d 120 (W. Va. 1986). “, Alaska Stat. § 12.47.030 (1984). See generally Fentiman, "Guilty But Mentally III": The Real Verdict Is Guilty, 26 B.”
Patterson v. State, 708 P.2d 712 (Alaska Ct. App. 1985). “500(a)(1); AS 12.47.030. She appeals her conviction, contending that Alaska’s current insanity statutes, AS 12.”
Monroe v. State, 847 P.2d 84 (Alaska Ct. App. 1993). “The adjudication of a person as GBMI is governed by AS 12.47.030(a), which provides, in relevant part: A defendant is guilty but mentally ill if, when the defendant engaged in the criminal conduct, the defendant lacked, as a result of a mental disease or defect, the substantial…”
Neely v. Newton, 149 F.3d 1074 (10th Cir. 1998). “120, 130; Mich igan, Mich. Comp. Laws Ann. § 768.”
— Alaska Stat. § 12.47.030(1) — 1 case
State v. Clifton, 315 P.3d 694 (Alaska Ct. App. 2013). “Clifton's proposed alternative rationale for wpholding the superior court's decision As we just explained, the superior court found (as a factual matter) that Clifton was "guilty but mentally ill" as that phrase is defined in AS 12.47.030(1)-that, because of mental disease or…”
— Alaska Stat. § 12.47.030(a) — 7 cases
State v. Clifton, 315 P.3d 694 (Alaska Ct. App. 2013). “Clifton's proposed alternative rationale for wpholding the superior court's decision As we just explained, the superior court found (as a factual matter) that Clifton was "guilty but mentally ill" as that phrase is defined in AS 12.47.030(1)-that, because of mental disease or…”
Lane v. Ballot, 330 P.3d 338 (Alaska 2014). “AS 12.47.030. 24 . The referenced statute, AS 12.”
State v. Patterson, 740 P.2d 944 (Alaska 1987). “AS 12.47.030 provides in relevant part: Guilty but mentally ill.”
Monroe v. State, 847 P.2d 84 (Alaska Ct. App. 1993). “The adjudication of a person as GBMI is governed by AS 12.47.030(a), which provides, in relevant part: A defendant is guilty but mentally ill if, when the defendant engaged in the criminal conduct, the defendant lacked, as a result of a mental disease or defect, the substantial…”
Lord v. State, 262 P.3d 855 (Alaska Ct. App. 2011). “See AS 12.47.030 (stating standard for guilty but mentally ill}.”
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