Alaska Statutes
Alaska Stat. § 12.47.130 (2026)
Definitions
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Sec. 12.47.130. Definitions.
In this chapter,
(1) “affirmative defense” has the meaning given in AS 11.81.900(b);
(2) “assist in the defendant's own defense” means to consult with a lawyer while exercising a reasonable degree of rational functioning;
(3) “culpable mental state” has the meaning given in AS 11.81.900(b);
(4) “incompetent” means a defendant is unable to understand the proceedings against the defendant or to assist in the defendant's own defense;
(5) “mental disease or defect” means a disorder of thought or mood that substantially impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life; “mental disease or defect” also includes intellectual and developmental disabilities that result in significantly below average general intellectual functioning that impairs a person's ability to adapt to or cope with the ordinary demands of life;
(6) “understand the proceedings against the defendant” means that the defendant's elementary mental process is such that the defendant has a reasonably rational comprehension of the proceedings.
Chapter 50. Witnesses.
Article 1. Uniform Act to Secure Attendance in Criminal Proceedings.
In this chapter,
(1) “affirmative defense” has the meaning given in AS 11.81.900(b);
(2) “assist in the defendant's own defense” means to consult with a lawyer while exercising a reasonable degree of rational functioning;
(3) “culpable mental state” has the meaning given in AS 11.81.900(b);
(4) “incompetent” means a defendant is unable to understand the proceedings against the defendant or to assist in the defendant's own defense;
(5) “mental disease or defect” means a disorder of thought or mood that substantially impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life; “mental disease or defect” also includes intellectual and developmental disabilities that result in significantly below average general intellectual functioning that impairs a person's ability to adapt to or cope with the ordinary demands of life;
(6) “understand the proceedings against the defendant” means that the defendant's elementary mental process is such that the defendant has a reasonably rational comprehension of the proceedings.
Chapter 50. Witnesses.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 1995–2021 · leading case: Jackson v. State, 890 P.2d 587 (Alaska Ct. App. 1995).
Jackson v. State, 890 P.2d 587 (Alaska Ct. App. 1995). “"Mental disease or defect” is, in turn, defined in AS 12.47.130(3) as: a disorder of thought or mood that substantially impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life; "mental disease or de-feet” also includes…”
State v. Klein, 124 P.3d 644 (Wash. 2005). “, Alaska Stat. § 12.47.130 (2005) (“ ‘Mental disease or defect’means a disorder of thought or mood that substantially impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life; ‘mental disease or defect’ also includes mental…”
Pieniazek v. State, 394 P.3d 621 (Alaska Ct. App. 2017). “100(g); see also AS 12.47.130(2) (" '[A]ssist in the defendant's own defense’ means to consult with a lawyer while exercising a reasonable degree of rational functioning.”
UNITED STATES of Am., Plaintiff-Appellee, v. David John MURDOCH, Defendant-Appellant. (Two Cases), 98 F.3d 472 (9th Cir. 1996). “Alaska Stat. § 12.47.130 (3) (mental disease or defect means a disorder of thought or mood that substantially impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life).”
Richard Dorsey v. State of Alaska, 480 P.3d 1211 (Alaska Ct. App. 2021). “Craig analogized this “mild” delirium to the level of delirium that a person might experience after consuming between two and four martinis.”
— Alaska Stat. § 12.47.130(2) — 1 case
Pieniazek v. State, 394 P.3d 621 (Alaska Ct. App. 2017). “100(g); see also AS 12.47.130(2) (" '[A]ssist in the defendant's own defense’ means to consult with a lawyer while exercising a reasonable degree of rational functioning.”
— Alaska Stat. § 12.47.130(3) — 1 case
Jackson v. State, 890 P.2d 587 (Alaska Ct. App. 1995). “"Mental disease or defect” is, in turn, defined in AS 12.47.130(3) as: a disorder of thought or mood that substantially impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life; "mental disease or de-feet” also includes…”
— Alaska Stat. § 12.47.130(4) — 1 case
Pieniazek v. State, 394 P.3d 621 (Alaska Ct. App. 2017). “100(g); see also AS 12.47.130(2) (" '[A]ssist in the defendant's own defense’ means to consult with a lawyer while exercising a reasonable degree of rational functioning.”
— Alaska Stat. § 12.47.130(5) — 2 cases
Pieniazek v. State, 394 P.3d 621 (Alaska Ct. App. 2017). “100(g); see also AS 12.47.130(2) (" '[A]ssist in the defendant's own defense’ means to consult with a lawyer while exercising a reasonable degree of rational functioning.”
Richard Dorsey v. State of Alaska, 480 P.3d 1211 (Alaska Ct. App. 2021). “Craig analogized this “mild” delirium to the level of delirium that a person might experience after consuming between two and four martinis.”
— Alaska Stat. § 12.47.130(6) — 1 case
Pieniazek v. State, 394 P.3d 621 (Alaska Ct. App. 2017). “100(g); see also AS 12.47.130(2) (" '[A]ssist in the defendant's own defense’ means to consult with a lawyer while exercising a reasonable degree of rational functioning.”
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