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Alaska Statutes

Alaska Stat. § 12.55.127 (2026)

Consecutive and concurrent terms of imprisonment

✓ current as of July 2026
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Sec. 12.55.127. Consecutive and concurrent terms of imprisonment.
 (a) If a defendant is required to serve a term of imprisonment under a separate judgment, a term of imprisonment imposed in a later judgment, amended judgment, or probation revocation shall be consecutive.

 (b) Except as provided in (c) of this section, if a defendant is being sentenced for two or more crimes in a single judgment, terms of imprisonment may be concurrent or partially concurrent.

 (c) If the defendant is being sentenced for
     (1) escape, the term of imprisonment shall be consecutive to the term for the underlying crime;

     (2) two or more crimes under AS 11.41, a consecutive term of imprisonment shall be imposed for at least
          (A) the mandatory minimum term under AS 12.55.125(a) for each additional crime that is murder in the first degree;

          (B) the mandatory minimum term for each additional crime that is an unclassified felony governed by AS 12.55.125(b);

          (C) the presumptive term specified in AS 12.55.125(c) or the active term of imprisonment, whichever is less, for each additional crime that is
                (i) manslaughter; or

                (ii) kidnapping that is a class A felony;

          (D) two years or the active term of imprisonment, whichever is less, for each additional crime that is criminally negligent homicide;

          (E) one-fourth of the presumptive term under AS 12.55.125(c) or (i) for each additional crime that is sexual assault in the first degree under AS 11.41.410 or sexual abuse of a minor in the first degree under AS 11.41.434, or an attempt, solicitation, or conspiracy to commit those offenses; and

          (F) some additional term of imprisonment for each additional crime, or each additional attempt or solicitation to commit the offense, under AS 11.41.200 — 11.41.250, 11.41.420 — 11.41.432, 11.41.436 — 11.41.458, or 11.41.500 — 11.41.520;

     (3) two or more crimes of violation of condition of release under AS 11.56.757, a consecutive term of imprisonment shall be imposed for some additional term of imprisonment for the underlying crime and each additional crime under AS 11.56.757.

 (d) If the defendant is being sentenced for two or more crimes of distribution of child sexual abuse material under AS 11.61.125, possession of child sexual abuse material under AS 11.61.127, or distribution of indecent material to minors under AS 11.61.128, a consecutive term of imprisonment shall be imposed for some additional term of imprisonment for each additional crime or each additional attempt or solicitation to commit the offense.

 (e) In this section,
     (1) “active term of imprisonment” means the total term of imprisonment imposed for a crime, minus suspended imprisonment;

     (2) “additional crime” means a crime that is not the primary crime;

     (3) “presumptive term” means the middle of the applicable presumptive range set out in AS 12.55.125;

     (4) “primary crime” means the crime
          (A) for which the sentencing court imposes the longest active term of imprisonment; or

          (B) that is designated by the sentencing court as the primary crime when no single crime has the longest active term of imprisonment.




Notes of Decisions
Cited in 41 cases (6 in the last 5 years), 2005–2023 · leading case: Smith v. State, 187 P.3d 511 (Alaska Ct. App. 2008).
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Smith v. State, 187 P.3d 511 (Alaska Ct. App. 2008). · cites it 27× “(A) Summary of the State's argument The State's argument is based on AS 12.55.127 (the statute that governs the imposition of consecutive and concurrent sentences) and AS 12.”
Vandergriff v. State, 125 P.3d 360 (Alaska Ct. App. 2005). · cites it 8× “[9] These two sections were repealed in 2004 and replaced with AS 12.55.127, which went into effect on July 1, 2004.”
Grant v. State, 379 P.3d 993 (Alaska Ct. App. 2016). · cites it 8× “The superior court based its ruling on subsection (a) of AS 12.55.127, the statute that governs consecutive sentencing.”
Augustine v. State, 355 P.3d 573 (Alaska Ct. App. 2015). · cites it 8× “See AS 12.55.127(c)(@2)(E). And with regard to Augustine's two convictions for second-degree sexual abuse, only one day of these two sentences had to be consecutive.”
Rocky N. Seaman v. State of Alaska, 499 P.3d 1028 (Alaska Ct. App. 2021). · cites it 8× “090(c)(1) further provides that, as used in this section, “active term of imprisonment” has the meaning given in AS 12.55.127. That statute defines “active term of imprisonment” as “the total term of imprisonment imposed for a crime, minus suspended imprisonment.”
Nathanial L. Kangas v. State of Alaska, 463 P.3d 189 (Alaska Ct. App. 2020). · cites it 3× “mp3 – 19 – 2667 We further note that it was not until twelve years later (in 2004) that the legislature enacted AS 12.55.127, the statute which requires that all of a defendant’s mandatory 99-year terms be imposed consecutively.”
Medina v. State, 418 P.3d 861 (Alaska Ct. App. 2018). “Because the superior court adopted the rule that the State proposed, the court did not evaluate the conditions of Medina's residence at the Salvation Army program and did not determine how much credit, if any, Medina should receive under AS 12.55.127. It is appropriate that…”
Love v. State, 173 P.3d 433 (Alaska Ct. App. 2007). · cites it 4× “I also do not conclude that the record establishes as a matter of law that Love's trial attorney was incompetent, especially when the issue was not litigated and the State was not on notice that the trial attorney's competence was an issue.”
Moore v. State, 262 P.3d 217 (Alaska Ct. App. 2011). · cites it 4× “125" and when a consecutive or partially consecutive sentence is "imposed in accordance with the minimum sentences set out in AS 12.55.127." 32 As noted above, the presumptive range for Moore's attempted first-degree sexual assault conviction was thirty-five to fifty years.”
Williams v. State, 418 P.3d 870 (Alaska Ct. App. 2018). · cites it 2× “On appeal, Williams suggests that Judge Levy imposed these few consecutive days of imprisonment because the judge mistakenly thought that this was required by AS 12.55.127(d). This statute-which requires the imposition of "some additional term of imprisonment" for each count of…”
Mark Wayne King v. State of Alaska, 487 P.3d 242 (Alaska Ct. App. 2021). · cites it 5× “Moreover, under Alaska’s parole statutes, when a defendant receives a presumptive term of imprisonment for one count of first-degree sexual abuse of a minor, plus one or more additional mandatory consecutive terms of imprisonment under AS 12.”
Edmonds v. State, 118 P.3d 17 (Alaska Ct. App. 2005). “155(c)-(d), or for extraordinary circumstances as defined in AS 12.55.165.”
Show all 41 citing cases →
— Alaska Stat. § 12.55.127(0) — 1 case
Grant v. State, 379 P.3d 993 (Alaska Ct. App. 2016). “The superior court based its ruling on subsection (a) of AS 12.55.127, the statute that governs consecutive sentencing.”
— Alaska Stat. § 12.55.127(a) — 3 cases
Grant v. State, 379 P.3d 993 (Alaska Ct. App. 2016). “The superior court based its ruling on subsection (a) of AS 12.55.127, the statute that governs consecutive sentencing.”
Smith v. State, 187 P.3d 511 (Alaska Ct. App. 2008). “(A) Summary of the State's argument The State's argument is based on AS 12.55.127 (the statute that governs the imposition of consecutive and concurrent sentences) and AS 12.”
Jeter v. State, 393 P.3d 438 (Alaska Ct. App. 2017).
— Alaska Stat. § 12.55.127(b) — 3 cases
Vandergriff v. State, 125 P.3d 360 (Alaska Ct. App. 2005). “[9] These two sections were repealed in 2004 and replaced with AS 12.55.127, which went into effect on July 1, 2004.”
Smith v. State, 349 P.3d 1087 (Alaska Ct. App. 2015).
Osborne v. State, 182 P.3d 1155 (Alaska Ct. App. 2008).
— Alaska Stat. § 12.55.127(c) — 4 cases
Vandergriff v. State, 125 P.3d 360 (Alaska Ct. App. 2005). “[9] These two sections were repealed in 2004 and replaced with AS 12.55.127, which went into effect on July 1, 2004.”
Augustine v. State, 355 P.3d 573 (Alaska Ct. App. 2015). “See AS 12.55.127(c)(@2)(E). And with regard to Augustine's two convictions for second-degree sexual abuse, only one day of these two sentences had to be consecutive.”
Scholes v. State, 274 P.3d 496 (Alaska Ct. App. 2012).
Osborne v. State, 182 P.3d 1155 (Alaska Ct. App. 2008).
— Alaska Stat. § 12.55.127(c)(1) — 1 case
Osborne v. State, 182 P.3d 1155 (Alaska Ct. App. 2008).
— Alaska Stat. § 12.55.127(c)(2) — 2 cases
Augustine v. State, 355 P.3d 573 (Alaska Ct. App. 2015). “See AS 12.55.127(c)(@2)(E). And with regard to Augustine's two convictions for second-degree sexual abuse, only one day of these two sentences had to be consecutive.”
Lanolan Anderson v. State of Alaska, 444 P.3d 239 (Alaska Ct. App. 2019).
— Alaska Stat. § 12.55.127(c)(2)(A) — 1 case
Nathanial L. Kangas v. State of Alaska, 463 P.3d 189 (Alaska Ct. App. 2020). “mp3 – 19 – 2667 We further note that it was not until twelve years later (in 2004) that the legislature enacted AS 12.55.127, the statute which requires that all of a defendant’s mandatory 99-year terms be imposed consecutively.”
— Alaska Stat. § 12.55.127(c)(2)(B) — 5 cases
Graham v. State, 440 P.3d 309 (Alaska Ct. App. 2019).
Cleveland v. State, 258 P.3d 878 (Alaska Ct. App. 2011).
Shinault v. State, 258 P.3d 848 (Alaska Ct. App. 2011).
Jackson v. State, 347 P.3d 126 (Alaska Ct. App. 2015).
Graham v. State (Alaska Ct. App. 2019).
— Alaska Stat. § 12.55.127(c)(2)(E) — 4 cases
Augustine v. State, 355 P.3d 573 (Alaska Ct. App. 2015). “See AS 12.55.127(c)(@2)(E). And with regard to Augustine's two convictions for second-degree sexual abuse, only one day of these two sentences had to be consecutive.”
Joseph v. State, 293 P.3d 488 (Alaska Ct. App. 2012).
Mark Wayne King v. State of Alaska, 487 P.3d 242 (Alaska Ct. App. 2021). “Moreover, under Alaska’s parole statutes, when a defendant receives a presumptive term of imprisonment for one count of first-degree sexual abuse of a minor, plus one or more additional mandatory consecutive terms of imprisonment under AS 12.”
Keone Jason Lee v. State of Alaska (Alaska Ct. App. 2022).
— Alaska Stat. § 12.55.127(c)(2)(F) — 8 cases
Moore v. State, 262 P.3d 217 (Alaska Ct. App. 2011). “125" and when a consecutive or partially consecutive sentence is "imposed in accordance with the minimum sentences set out in AS 12.55.127." 32 As noted above, the presumptive range for Moore's attempted first-degree sexual assault conviction was thirty-five to fifty years.”
Augustine v. State, 355 P.3d 573 (Alaska Ct. App. 2015). “See AS 12.55.127(c)(@2)(E). And with regard to Augustine's two convictions for second-degree sexual abuse, only one day of these two sentences had to be consecutive.”
State v. Clifton, 315 P.3d 694 (Alaska Ct. App. 2013).
Scholes v. State, 274 P.3d 496 (Alaska Ct. App. 2012).
Mark Wayne King v. State of Alaska, 487 P.3d 242 (Alaska Ct. App. 2021). “Moreover, under Alaska’s parole statutes, when a defendant receives a presumptive term of imprisonment for one count of first-degree sexual abuse of a minor, plus one or more additional mandatory consecutive terms of imprisonment under AS 12.”
— Alaska Stat. § 12.55.127(d) — 2 cases
Williams v. State, 418 P.3d 870 (Alaska Ct. App. 2018). “On appeal, Williams suggests that Judge Levy imposed these few consecutive days of imprisonment because the judge mistakenly thought that this was required by AS 12.55.127(d). This statute-which requires the imposition of "some additional term of imprisonment" for each count of…”
Keone Jason Lee v. State of Alaska (Alaska Ct. App. 2022).
— Alaska Stat. § 12.55.127(d)(4) — 1 case
Heavyrunner v. State, 172 P.3d 819 (Alaska Ct. App. 2007).
— Alaska Stat. § 12.55.127(d)(d4) — 1 case
Twogood v. State, 196 P.3d 1109 (Alaska Ct. App. 2008).
— Alaska Stat. § 12.55.127(e)(1) — 1 case
Rocky N. Seaman v. State of Alaska, 499 P.3d 1028 (Alaska Ct. App. 2021). “090(c)(1) further provides that, as used in this section, “active term of imprisonment” has the meaning given in AS 12.55.127. That statute defines “active term of imprisonment” as “the total term of imprisonment imposed for a crime, minus suspended imprisonment.”
— Alaska Stat. § 12.55.127(e)(3) — 2 cases
Mark Wayne King v. State of Alaska, 487 P.3d 242 (Alaska Ct. App. 2021). “Moreover, under Alaska’s parole statutes, when a defendant receives a presumptive term of imprisonment for one count of first-degree sexual abuse of a minor, plus one or more additional mandatory consecutive terms of imprisonment under AS 12.”
Rafael Lopez Martinez v. State of Alaska, 530 P.3d 1131 (Alaska Ct. App. 2023).
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