Alaska Statutes
Alaska Stat. § 12.47.040 (2026)
Form of verdict in certain cases involving insanity or mental disease or defect
✓ current as of July 2026
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Sec. 12.47.040. Form of verdict in certain cases involving insanity or mental disease or defect.
(a) In a prosecution for a crime when the affirmative defense of insanity is raised under AS 12.47.010, or when evidence of a mental disease or defect of the defendant is otherwise admissible at trial under AS 12.47.020, the trier of fact shall find, and the verdict shall state, whether the defendant is
(1) guilty;
(2) not guilty;
(3) not guilty by reason of insanity; or
(4) guilty but mentally ill.
(b) To return a verdict under (a)(4) of this section, the fact finder must find beyond a reasonable doubt that the defendant committed the crime and that, when the defendant committed the crime, the defendant was guilty but mentally ill as defined in AS 12.47.030.
(c) When the jury is instructed as to the verdicts under (a) of this section, it shall also be instructed on the dispositions available under AS 12.47.050 and 12.47.090.
(a) In a prosecution for a crime when the affirmative defense of insanity is raised under AS 12.47.010, or when evidence of a mental disease or defect of the defendant is otherwise admissible at trial under AS 12.47.020, the trier of fact shall find, and the verdict shall state, whether the defendant is
(1) guilty;
(2) not guilty;
(3) not guilty by reason of insanity; or
(4) guilty but mentally ill.
(b) To return a verdict under (a)(4) of this section, the fact finder must find beyond a reasonable doubt that the defendant committed the crime and that, when the defendant committed the crime, the defendant was guilty but mentally ill as defined in AS 12.47.030.
(c) When the jury is instructed as to the verdicts under (a) of this section, it shall also be instructed on the dispositions available under AS 12.47.050 and 12.47.090.
Notes of Decisions
Cited in 7
cases (3 in the last 5 years), 1989–2025 · leading case: Barrett v. State, 772 P.2d 559 (Alaska Ct. App. 1989).
Barrett v. State, 772 P.2d 559 (Alaska Ct. App. 1989). “(a) If a defendant is found not guilty under AS 12.47.040(a)(2), [as opposed to not guilty by reason of insanity] the prosecuting attorney shall, within 24 hours, file a petition under AS 47.”
Lewis v. State, 195 P.3d 622 (Alaska Ct. App. 2008). “In some instances, AS 12.47.040 declares that the trial jury must make this decision.”
State v. Clifton, 315 P.3d 694 (Alaska Ct. App. 2013). “See AS 12.47.040(a). But the post-trial procedure at issue in Clifton's case-a procedure whereby the trial judge could make a post-trial finding that *700 Clifton was guilty but mentally ill-was expressly authorized by the pre-2012 version of AS 12.”
Lane v. State, 382 P.3d 1188 (Alaska Ct. App. 2016). “5 In particular, AS 12.47.040, AS 12.47.050(a), and AS 12.”
State v. Timothy Ray Jones Jr. (S.C. 2023). “See Alaska Stat. Ann. § 12.47.040 (c) (West 2022); People v.”
State v. Timothy Ray Jones Jr. (S.C. 2023). “Because a capital jury has sentencing responsibility in the sentencing phase, it makes sense that in certain situations, the Due Process Clause requires the 3 Some states require the instruction notwithstanding objection or request.”
Brandon Francis Schaefer v. State of Indiana (Ind. Ct. App. 2025). “Rather, we are guided by the language used by the Georgopulos Court, mindful of what the Indiana Supreme Court did say and what it did not say, as well as our deference to the trial court and its inherent authority to instruct the jury in a manner that informs the jury of the…”
— Alaska Stat. § 12.47.040(a) — 2 cases
Lewis v. State, 195 P.3d 622 (Alaska Ct. App. 2008). “In some instances, AS 12.47.040 declares that the trial jury must make this decision.”
State v. Clifton, 315 P.3d 694 (Alaska Ct. App. 2013). “See AS 12.47.040(a). But the post-trial procedure at issue in Clifton's case-a procedure whereby the trial judge could make a post-trial finding that *700 Clifton was guilty but mentally ill-was expressly authorized by the pre-2012 version of AS 12.”
— Alaska Stat. § 12.47.040(a)(2) — 1 case
Barrett v. State, 772 P.2d 559 (Alaska Ct. App. 1989). “(a) If a defendant is found not guilty under AS 12.47.040(a)(2), [as opposed to not guilty by reason of insanity] the prosecuting attorney shall, within 24 hours, file a petition under AS 47.”
— Alaska Stat. § 12.47.040(b) — 1 case
Lewis v. State, 195 P.3d 622 (Alaska Ct. App. 2008). “In some instances, AS 12.47.040 declares that the trial jury must make this decision.”
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