Alaska Stat. § 12.55.035
Fines
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Sec. 12.55.035. Fines.
(a) Upon conviction of an offense, a defendant may be sentenced to pay a fine as authorized in this section or as otherwise authorized by law.
(b) Upon conviction of an offense, a defendant who is not an organization may be sentenced to pay, unless otherwise specified in the provision of law defining the offense, a fine of not more than
(1) $500,000 for murder in the first or second degree, attempted murder in the first degree, murder of an unborn child, sexual assault in the first degree under AS 11.41.410(a)(1)(A), (2), (3), or (4), sexual abuse of a minor in the first degree, kidnapping, sex trafficking in the first degree under AS 11.66.110(a)(2), or misconduct involving a controlled substance in the first degree;
(2) $250,000 for a class A felony;
(3) $100,000 for a class B felony;
(4) $50,000 for a class C felony;
(5) $25,000 for a class A misdemeanor;
(6) $2,000 for a class B misdemeanor;
(7) $500 for a violation.
(c) Upon conviction of an offense, a defendant that is an organization may be sentenced to pay a fine not exceeding the greatest of
(1) an amount that is
(A) $2,500,000 for a felony offense or for a misdemeanor offense that results in death;
(B) $500,000 for a class A misdemeanor offense that does not result in death;
(C) $75,000 for a class B misdemeanor offense that does not result in death;
(D) $25,000 for a violation;
(2) three times the pecuniary gain
(A) realized by the defendant as a result of the offense; or
(B) sought by the defendant for the defendant or for others by the commission of the offense; or
(3) three times the pecuniary damage or loss
(A) caused by the defendant to another, or to the property of another, as a result of the offense; or
(B) to another or the property of another sought by the defendant by the commission of the offense.
(d) If a defendant is sentenced to pay a fine, the court may grant permission for the payment to be made within a specified period of time or in specified installments.
(e) In imposing a fine under (c) of this section, in addition to any other relevant factors, the court shall consider
(1) measures taken by the organization to discipline an officer, director, employee, or agent of the organization;
(2) measures taken by the organization to prevent a recurrence of the offense;
(3) the organization's obligation to make restitution to a victim of the offense, and the extent to which imposition of a fine will impair the ability of the organization to make restitution; and
(4) the extent to which the organization will pass on to consumers the expense of the fine.
(f) In imposing a fine, the court may not reduce the fine by the amount of a surcharge or otherwise consider the applicability of a surcharge to the offense.
(g) Fines imposed and collected under this section shall be separately accounted for under AS 37.05.142.
(h) [Repealed, § 5 ch 110 SLA 2010.]
(a) Upon conviction of an offense, a defendant may be sentenced to pay a fine as authorized in this section or as otherwise authorized by law.
(b) Upon conviction of an offense, a defendant who is not an organization may be sentenced to pay, unless otherwise specified in the provision of law defining the offense, a fine of not more than
(1) $500,000 for murder in the first or second degree, attempted murder in the first degree, murder of an unborn child, sexual assault in the first degree under AS 11.41.410(a)(1)(A), (2), (3), or (4), sexual abuse of a minor in the first degree, kidnapping, sex trafficking in the first degree under AS 11.66.110(a)(2), or misconduct involving a controlled substance in the first degree;
(2) $250,000 for a class A felony;
(3) $100,000 for a class B felony;
(4) $50,000 for a class C felony;
(5) $25,000 for a class A misdemeanor;
(6) $2,000 for a class B misdemeanor;
(7) $500 for a violation.
(c) Upon conviction of an offense, a defendant that is an organization may be sentenced to pay a fine not exceeding the greatest of
(1) an amount that is
(A) $2,500,000 for a felony offense or for a misdemeanor offense that results in death;
(B) $500,000 for a class A misdemeanor offense that does not result in death;
(C) $75,000 for a class B misdemeanor offense that does not result in death;
(D) $25,000 for a violation;
(2) three times the pecuniary gain
(A) realized by the defendant as a result of the offense; or
(B) sought by the defendant for the defendant or for others by the commission of the offense; or
(3) three times the pecuniary damage or loss
(A) caused by the defendant to another, or to the property of another, as a result of the offense; or
(B) to another or the property of another sought by the defendant by the commission of the offense.
(d) If a defendant is sentenced to pay a fine, the court may grant permission for the payment to be made within a specified period of time or in specified installments.
(e) In imposing a fine under (c) of this section, in addition to any other relevant factors, the court shall consider
(1) measures taken by the organization to discipline an officer, director, employee, or agent of the organization;
(2) measures taken by the organization to prevent a recurrence of the offense;
(3) the organization's obligation to make restitution to a victim of the offense, and the extent to which imposition of a fine will impair the ability of the organization to make restitution; and
(4) the extent to which the organization will pass on to consumers the expense of the fine.
(f) In imposing a fine, the court may not reduce the fine by the amount of a surcharge or otherwise consider the applicability of a surcharge to the offense.
(g) Fines imposed and collected under this section shall be separately accounted for under AS 37.05.142.
(h) [Repealed, § 5 ch 110 SLA 2010.]
Notes of Decisions
Cited in 29
cases (3 in the last 5 years), 1982–2025 · leading case: Constantine v. State
Constantine v. State (1987)
“895 is guilty of a class A misdemeanor [and implicitly subject to the penalties prescribed in AS 12.55.035]). The majority does not explain why it finds these statutes inapplicable to these consolidated cases.”
Doe v. State (2008)
“840 (defining failure to register which includes failure to file change of address, failure to re-register annually or quarterly, and failure to supply all required information as class A misdemeanor, punishable by up to one year in jail and up to $10,000 fine); AS…”
Hillman v. Municipality of Anchorage (1997)
“First, Hillman assumes that AS 12.55.035 limits not only the penalties that can be imposed for violation of state statutes but also the penalties that municipalities can impose for violation of their own ordinances.”
State v. Carpenter (2007)
“610; AS 12.55.035(c)(1)(4). . We have contemplated, without so ruling, the possibility of a punitive damages award for a spoliation claim even if no compensatory damages were awarded.”
Casciola v. F.S. Air Service, Inc. (2005)
“AS 12.55.035(b)(3). 23 . AS 45.50.471(b)(12) defines "using or employing deception, fraud, false pretense, false promise, misrepresentation, or knowingly concealing, suppressing, or omitting a material fact with intent that others rely upon the concealment, suppression or…”
Wilson v. State (1988)
“, AS 12.55.035. A maximum fine does not necessarily indicate that the defendant is a “worst offender.”
Manderson v. State (1983)
“See AS 12.55.035(a). 5 Clearly, the $1,000 fine must be reduced to a maximum of $500.”
Kenneth John Jouppi v. State of Alaska, State of Alaska v. Kenneth John Jouppi (2025)
“Former AS 12.55.035(b)(5) (2013). The maximum fine for a defendant organization such as KenAir LLC was $500,000.”
Lamb v. Anderson (2006)
“, July 14, 2004) (unpublished) (remanding for factual findings where neither party informed sentencing court of factual basis for defendant's plea and defendant disputed basis relied on by court at sentencing).”
Dodge v. Municipality of Anchorage (1994)
“What Dodge oveiiooks is that the legislature amended AS 12.55.035 in 1992, deleting the language upon which Dodge relies.”
Ashton v. State (1987)
“A court imposing sentence on a defendant may impose a fine when authorized by law or as provided in AS 12.55.035. See AS 12.55.015. Alaska Statute 12.”
Miller v. State (2016)
“See AS 12.55.035(g). 3 . Malutin v. State, 198 P.”
— Alaska Stat. § 12.55.035(a) — 4 cases
Constantine v. State (1987)
“895 is guilty of a class A misdemeanor [and implicitly subject to the penalties prescribed in AS 12.55.035]). The majority does not explain why it finds these statutes inapplicable to these consolidated cases.”
Manderson v. State (1983)
“See AS 12.55.035(a). 5 Clearly, the $1,000 fine must be reduced to a maximum of $500.”
Dodge v. Municipality of Anchorage (1994)
“What Dodge oveiiooks is that the legislature amended AS 12.55.035 in 1992, deleting the language upon which Dodge relies.”
McNabb v. State (1993)
— Alaska Stat. § 12.55.035(b) — 1 case
Hillman v. Municipality of Anchorage (1997)
“First, Hillman assumes that AS 12.55.035 limits not only the penalties that can be imposed for violation of state statutes but also the penalties that municipalities can impose for violation of their own ordinances.”
— Alaska Stat. § 12.55.035(b)(1) — 1 case
— Alaska Stat. § 12.55.035(b)(2) — 4 cases
Baum v. State (2001)
State v. Brueggeman (2001)
Fyfe v. State (2014)
State v. Buza (1994)
— Alaska Stat. § 12.55.035(b)(3) — 6 cases
Casciola v. F.S. Air Service, Inc. (2005)
“AS 12.55.035(b)(3). 23 . AS 45.50.471(b)(12) defines "using or employing deception, fraud, false pretense, false promise, misrepresentation, or knowingly concealing, suppressing, or omitting a material fact with intent that others rely upon the concealment, suppression or…”
Lamb v. Anderson (2006)
“, July 14, 2004) (unpublished) (remanding for factual findings where neither party informed sentencing court of factual basis for defendant's plea and defendant disputed basis relied on by court at sentencing).”
Hillman v. Municipality of Anchorage (1997)
“First, Hillman assumes that AS 12.55.035 limits not only the penalties that can be imposed for violation of state statutes but also the penalties that municipalities can impose for violation of their own ordinances.”
State v. Huletz (1992)
Wilson v. State (1988)
“, AS 12.55.035. A maximum fine does not necessarily indicate that the defendant is a “worst offender.”
— Alaska Stat. § 12.55.035(b)(4) — 2 cases
Hazelwood v. State (1998)
Fyfe v. State (2014)
— Alaska Stat. § 12.55.035(b)(5) — 6 cases
Doe v. State (2008)
“840 (defining failure to register which includes failure to file change of address, failure to re-register annually or quarterly, and failure to supply all required information as class A misdemeanor, punishable by up to one year in jail and up to $10,000 fine); AS…”
Constantine v. State (1987)
“895 is guilty of a class A misdemeanor [and implicitly subject to the penalties prescribed in AS 12.55.035]). The majority does not explain why it finds these statutes inapplicable to these consolidated cases.”
Kenneth John Jouppi v. State of Alaska, State of Alaska v. Kenneth John Jouppi (2025)
“Former AS 12.55.035(b)(5) (2013). The maximum fine for a defendant organization such as KenAir LLC was $500,000.”
Wright v. State (1982)
Waiste v. State (1991)
— Alaska Stat. § 12.55.035(b)(7) — 2 cases
Davis v. State (2010)
— Alaska Stat. § 12.55.035(c)(1)(4) — 1 case
State v. Carpenter (2007)
“610; AS 12.55.035(c)(1)(4). . We have contemplated, without so ruling, the possibility of a punitive damages award for a spoliation claim even if no compensatory damages were awarded.”
— Alaska Stat. § 12.55.035(c)(1)(A) — 1 case
State v. Carpenter (2007)
“610; AS 12.55.035(c)(1)(4). . We have contemplated, without so ruling, the possibility of a punitive damages award for a spoliation claim even if no compensatory damages were awarded.”
— Alaska Stat. § 12.55.035(c)(1)(B) — 2 cases
Kenneth John Jouppi v. State of Alaska, State of Alaska v. Kenneth John Jouppi (2025)
“Former AS 12.55.035(b)(5) (2013). The maximum fine for a defendant organization such as KenAir LLC was $500,000.”
— Alaska Stat. § 12.55.035(g) — 1 case
Miller v. State (2016)
“See AS 12.55.035(g). 3 . Malutin v. State, 198 P.”
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