Alaska Statutes
Alaska Stat. § 12.55.135 (2026)
Sentences of imprisonment for misdemeanors
✓ current as of July 2026
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Sec. 12.55.135. Sentences of imprisonment for misdemeanors.
(a) A defendant convicted of a class A misdemeanor may be sentenced to a definite term of imprisonment of not more than one year.
(b) A defendant convicted of a class B misdemeanor may be sentenced to a definite term of imprisonment of not more than 90 days unless otherwise specified in the provision of law defining the offense.
(c) A defendant convicted of assault in the fourth degree that is a crime involving domestic violence committed in violation of the provisions of an order issued or filed under AS 12.30.027 or AS 18.66.100 — 18.66.180 and not subject to sentencing under (g) of this section shall be sentenced to a minimum term of imprisonment of 20 days.
(d) A defendant convicted of assault in the fourth degree or harassment in the first degree who knowingly directed the conduct constituting the offense at
(1) a uniformed or otherwise clearly identified peace officer, firefighter, correctional employee, emergency medical technician, paramedic, ambulance attendant, or other emergency responder or medical professional who was engaged in the performance of official duties at the time of the assault or harassment shall be sentenced to a minimum term of imprisonment of
(A) 60 days if the defendant violated AS 11.41.230(a)(1) or (2) or AS 11.61.118;
(B) 30 days if the defendant violated AS 11.41.230(a)(3);
(2) a person who was on school grounds during school hours or during a school function or a school-sponsored event, on a school bus, at a school-sponsored event, or in the administrative offices of a school district, if students are educated at that office, shall be sentenced to a minimum term of imprisonment of 60 days if the defendant violated AS 11.41.230(a)(1) or (2); in this paragraph,
(A) “school bus” has the meaning given in AS 11.71.900;
(B) “school district” has the meaning given in AS 47.07.063;
(C) “school grounds” has the meaning given in AS 11.71.900.
(e) If a defendant is sentenced under (c), (d), or (h) of this section,
(1) execution of sentence may not be suspended and probation or parole may not be granted until the minimum term of imprisonment has been served;
(2) imposition of a sentence may not be suspended except upon condition that the defendant be imprisoned for no less than the minimum term of imprisonment provided in the section; and
(3) the minimum term of imprisonment may not otherwise be reduced.
(f) A defendant convicted of vehicle theft in the second degree in violation of AS 11.46.365(a)(1) shall be sentenced to a definite term of imprisonment of at least 72 hours but not more than one year.
(g) A defendant convicted of assault in the fourth degree that is a crime involving domestic violence shall be sentenced to a minimum term of imprisonment of
(1) 30 days if the defendant has been previously convicted of a crime against a person or a crime involving domestic violence;
(2) 60 days if the defendant has been previously convicted two or more times of a crime against a person or a crime involving domestic violence, or a combination of those crimes.
(h) A defendant convicted of failure to register as a sex offender or child kidnapper in the second degree under AS 11.56.840 shall be sentenced to a minimum term of imprisonment of 35 days.
(i) If a defendant is sentenced under (g) of this section,
(1) execution of sentence may not be suspended and probation or parole may not be granted until the minimum term of imprisonment has been served;
(2) imposition of sentence may not be suspended;
(3) the minimum term of imprisonment may not otherwise be reduced.
(j) [Repealed, § 179 ch. 36 SLA 2016.]
(k) In this section,
(1) “crime against a person” means a crime under AS 11.41, or a crime in this or another jurisdiction having elements similar to those of a crime under AS 11.41;
(2) “crime involving domestic violence” has the meaning given in AS 18.66.990;
(3) “medical professional” means a person who is an advanced practice registered nurse, anesthesiologist, chiropractor, dental hygienist, dentist, health aide, nurse, nurse aide, mental health counselor, osteopath, physician, physician assistant, psychiatrist, psychological associate, psychologist, radiologist, surgeon, or x-ray technician, or who holds a substantially similar position.
(l) [Repealed, § 138 ch 4 FSSLA 2019.]
(m) [Repealed, § 138 ch 4 FSSLA 2019.]
(n) [Repealed, § 138 ch 4 FSSLA 2019.]
(o) [Repealed, § 138 ch 4 FSSLA 2019.]
(p) [Repealed, § 138 ch 4 FSSLA 2019.]
(a) A defendant convicted of a class A misdemeanor may be sentenced to a definite term of imprisonment of not more than one year.
(b) A defendant convicted of a class B misdemeanor may be sentenced to a definite term of imprisonment of not more than 90 days unless otherwise specified in the provision of law defining the offense.
(c) A defendant convicted of assault in the fourth degree that is a crime involving domestic violence committed in violation of the provisions of an order issued or filed under AS 12.30.027 or AS 18.66.100 — 18.66.180 and not subject to sentencing under (g) of this section shall be sentenced to a minimum term of imprisonment of 20 days.
(d) A defendant convicted of assault in the fourth degree or harassment in the first degree who knowingly directed the conduct constituting the offense at
(1) a uniformed or otherwise clearly identified peace officer, firefighter, correctional employee, emergency medical technician, paramedic, ambulance attendant, or other emergency responder or medical professional who was engaged in the performance of official duties at the time of the assault or harassment shall be sentenced to a minimum term of imprisonment of
(A) 60 days if the defendant violated AS 11.41.230(a)(1) or (2) or AS 11.61.118;
(B) 30 days if the defendant violated AS 11.41.230(a)(3);
(2) a person who was on school grounds during school hours or during a school function or a school-sponsored event, on a school bus, at a school-sponsored event, or in the administrative offices of a school district, if students are educated at that office, shall be sentenced to a minimum term of imprisonment of 60 days if the defendant violated AS 11.41.230(a)(1) or (2); in this paragraph,
(A) “school bus” has the meaning given in AS 11.71.900;
(B) “school district” has the meaning given in AS 47.07.063;
(C) “school grounds” has the meaning given in AS 11.71.900.
(e) If a defendant is sentenced under (c), (d), or (h) of this section,
(1) execution of sentence may not be suspended and probation or parole may not be granted until the minimum term of imprisonment has been served;
(2) imposition of a sentence may not be suspended except upon condition that the defendant be imprisoned for no less than the minimum term of imprisonment provided in the section; and
(3) the minimum term of imprisonment may not otherwise be reduced.
(f) A defendant convicted of vehicle theft in the second degree in violation of AS 11.46.365(a)(1) shall be sentenced to a definite term of imprisonment of at least 72 hours but not more than one year.
(g) A defendant convicted of assault in the fourth degree that is a crime involving domestic violence shall be sentenced to a minimum term of imprisonment of
(1) 30 days if the defendant has been previously convicted of a crime against a person or a crime involving domestic violence;
(2) 60 days if the defendant has been previously convicted two or more times of a crime against a person or a crime involving domestic violence, or a combination of those crimes.
(h) A defendant convicted of failure to register as a sex offender or child kidnapper in the second degree under AS 11.56.840 shall be sentenced to a minimum term of imprisonment of 35 days.
(i) If a defendant is sentenced under (g) of this section,
(1) execution of sentence may not be suspended and probation or parole may not be granted until the minimum term of imprisonment has been served;
(2) imposition of sentence may not be suspended;
(3) the minimum term of imprisonment may not otherwise be reduced.
(j) [Repealed, § 179 ch. 36 SLA 2016.]
(k) In this section,
(1) “crime against a person” means a crime under AS 11.41, or a crime in this or another jurisdiction having elements similar to those of a crime under AS 11.41;
(2) “crime involving domestic violence” has the meaning given in AS 18.66.990;
(3) “medical professional” means a person who is an advanced practice registered nurse, anesthesiologist, chiropractor, dental hygienist, dentist, health aide, nurse, nurse aide, mental health counselor, osteopath, physician, physician assistant, psychiatrist, psychological associate, psychologist, radiologist, surgeon, or x-ray technician, or who holds a substantially similar position.
(l) [Repealed, § 138 ch 4 FSSLA 2019.]
(m) [Repealed, § 138 ch 4 FSSLA 2019.]
(n) [Repealed, § 138 ch 4 FSSLA 2019.]
(o) [Repealed, § 138 ch 4 FSSLA 2019.]
(p) [Repealed, § 138 ch 4 FSSLA 2019.]
Notes of Decisions
Cited in 51
cases (6 in the last 5 years), 1981–2024 · leading case: Mun. of Anchorage v. Beezley, 435 P.3d 978 (Alaska Ct. App. 2018).
Mun. of Anchorage v. Beezley, 435 P.3d 978 (Alaska Ct. App. 2018). “See the pre-2016 version of AS 12.55.135(a). But in 2016, the Alaska legislature modified AS 12.”
Doe v. State, Dep't of Pub. Saf., 92 P.3d 398 (Alaska 2004). “085 or a similar procedure in another jurisdiction or was the subject of a pardon or other executive clemency; "conviction" does not include a judgment that has been reversed or vacated by a court.”
Dawson v. State, 264 P.3d 851 (Alaska Ct. App. 2011). “030(b), which stated that the offense "[was] punishable ... by imprisonment for not more than 10 days".”
Doe v. State, 189 P.3d 999 (Alaska 2008). “035(b)(5); AS 12.55.135(a). Effective January 1, 2009, failure to register will also include failure to file written notice of the establishment of or change to an e-mail or messaging address or internet communication identifier.”
State v. Am. Civil Liberties Union, 204 P.3d 364 (Alaska 2009). “AS 12.55.135(). A person possessing less than one ounce of marijuana in the home for personal use only faces potential incarceration if compounding conditions are met, such as a previous conviction or being on probation or parole.”
Mun. of Anchorage v. Brooks, 397 P.3d 346 (Alaska Ct. App. 2017). “1 In the present case, we are asked to interpret one of those criteria — subsection (1)(C) of AS 12.55.135(a) — which declares that the maximum penalty for a class A misdemeanor is 1 year’s imprisonment if “[the] defendant has past criminal convictions for conduct vio- *348…”
Brianna Marie Peterson v. Mun. of Anchorage, 500 P.3d 314 (Alaska Ct. App. 2021). “3 Former AS 12.55.135(a)(1) (2017); AMC 08.05.020(H)(1).”
Miller v. State, 312 P.3d 1112 (Alaska Ct. App. 2013). “Indeed, at the sentencing hearing, the parties and the superior court openly discussed the fact that, because Miller's offense was a crime of domestic violence and because Miller had a prior convietion for assault, he faced a minimum sentence of 30 days' imprisonment under AS…”
State v. Hazelwood, 946 P.2d 875 (Alaska 1997). “" AS 12.55.135(b). [3] Because this ruling is a legal conclusion, we review de novo.”
In the Disciplinary Matter Involving Ivy, 374 P.3d 374 (Alaska 2016). “52 AS 12.55.135(a). 53 ABA STANDARDS, supra note 3, at § II (theoretical framework).”
State v. Auliye, 57 P.3d 711 (Alaska Ct. App. 2002). “See AS 12.55.135(a). 3 . See Minutes of the Senate Finance Committee for March 22, 1995, Minutes of the House Judiciary Committee for April 21, 1995, and Minutes of the House Finance Committee for May 3, 1995, all discussing SB 46.”
Garner v. State, 266 P.3d 1045 (Alaska Ct. App. 2012). “at 175-76] The findings of the three-judge panel are supported by the record and support the panel's decision that the seven-year presumptive term was not manifestly unjust.”
— Alaska Stat. § 12.55.135(a) — 32 cases
Mun. of Anchorage v. Beezley, 435 P.3d 978 (Alaska Ct. App. 2018). “See the pre-2016 version of AS 12.55.135(a). But in 2016, the Alaska legislature modified AS 12.”
Doe v. State, Dep't of Pub. Saf., 92 P.3d 398 (Alaska 2004). “085 or a similar procedure in another jurisdiction or was the subject of a pardon or other executive clemency; "conviction" does not include a judgment that has been reversed or vacated by a court.”
Doe v. State, 189 P.3d 999 (Alaska 2008). “035(b)(5); AS 12.55.135(a). Effective January 1, 2009, failure to register will also include failure to file written notice of the establishment of or change to an e-mail or messaging address or internet communication identifier.”
Dawson v. State, 264 P.3d 851 (Alaska Ct. App. 2011). “030(b), which stated that the offense "[was] punishable ... by imprisonment for not more than 10 days".”
In the Disciplinary Matter Involving Ivy, 374 P.3d 374 (Alaska 2016). “52 AS 12.55.135(a). 53 ABA STANDARDS, supra note 3, at § II (theoretical framework).”
— Alaska Stat. § 12.55.135(a)(1) — 5 cases
Mun. of Anchorage v. Beezley, 435 P.3d 978 (Alaska Ct. App. 2018). “See the pre-2016 version of AS 12.55.135(a). But in 2016, the Alaska legislature modified AS 12.”
Brianna Marie Peterson v. Mun. of Anchorage, 500 P.3d 314 (Alaska Ct. App. 2021). “3 Former AS 12.55.135(a)(1) (2017); AMC 08.05.020(H)(1).”
Mun. of Anchorage v. Brooks, 397 P.3d 346 (Alaska Ct. App. 2017). “1 In the present case, we are asked to interpret one of those criteria — subsection (1)(C) of AS 12.55.135(a) — which declares that the maximum penalty for a class A misdemeanor is 1 year’s imprisonment if “[the] defendant has past criminal convictions for conduct vio- *348…”
Mun. of Anchorage v. Beezley (Alaska Ct. App. 2018).
Penetac v. Mun. of Anchorage, 436 P.3d 1089 (Alaska Ct. App. 2019).
— Alaska Stat. § 12.55.135(a)(1)(A) — 1 case
Penetac v. Mun. of Anchorage, 436 P.3d 1089 (Alaska Ct. App. 2019).
— Alaska Stat. § 12.55.135(a)(1)(B) — 1 case
Brianna Marie Peterson v. Mun. of Anchorage, 500 P.3d 314 (Alaska Ct. App. 2021). “3 Former AS 12.55.135(a)(1) (2017); AMC 08.05.020(H)(1).”
— Alaska Stat. § 12.55.135(a)(1)(C) — 2 cases
Mun. of Anchorage v. Brooks, 397 P.3d 346 (Alaska Ct. App. 2017). “1 In the present case, we are asked to interpret one of those criteria — subsection (1)(C) of AS 12.55.135(a) — which declares that the maximum penalty for a class A misdemeanor is 1 year’s imprisonment if “[the] defendant has past criminal convictions for conduct vio- *348…”
Brianna Marie Peterson v. Mun. of Anchorage, 500 P.3d 314 (Alaska Ct. App. 2021). “3 Former AS 12.55.135(a)(1) (2017); AMC 08.05.020(H)(1).”
— Alaska Stat. § 12.55.135(a)(1)(D) — 1 case
Penetac v. Mun. of Anchorage, 436 P.3d 1089 (Alaska Ct. App. 2019).
— Alaska Stat. § 12.55.135(a)(2) — 2 cases
Mun. of Anchorage v. Beezley, 435 P.3d 978 (Alaska Ct. App. 2018). “See the pre-2016 version of AS 12.55.135(a). But in 2016, the Alaska legislature modified AS 12.”
Mun. of Anchorage v. Beezley (Alaska Ct. App. 2018).
— Alaska Stat. § 12.55.135(b) — 10 cases
Dawson v. State, 264 P.3d 851 (Alaska Ct. App. 2011). “030(b), which stated that the offense "[was] punishable ... by imprisonment for not more than 10 days".”
State v. Hazelwood, 946 P.2d 875 (Alaska 1997). “" AS 12.55.135(b). [3] Because this ruling is a legal conclusion, we review de novo.”
State v. Morgan, 111 P.3d 360 (Alaska Ct. App. 2005).
Jose Alfredo Galindo v. State of Alaska, 481 P.3d 686 (Alaska Ct. App. 2021).
Hillman v. Mun. of Anchorage, 941 P.2d 211 (Alaska Ct. App. 1997).
— Alaska Stat. § 12.55.135(g) — 1 case
Miller v. State, 312 P.3d 1112 (Alaska Ct. App. 2013). “Indeed, at the sentencing hearing, the parties and the superior court openly discussed the fact that, because Miller's offense was a crime of domestic violence and because Miller had a prior convietion for assault, he faced a minimum sentence of 30 days' imprisonment under AS…”
— Alaska Stat. § 12.55.135(j) — 1 case
State v. Am. Civil Liberties Union, 204 P.3d 364 (Alaska 2009). “AS 12.55.135(). A person possessing less than one ounce of marijuana in the home for personal use only faces potential incarceration if compounding conditions are met, such as a previous conviction or being on probation or parole.”
— Alaska Stat. § 12.55.135(n) — 1 case
Charles Fenning Akelkok v. State of Alaska, 475 P.3d 1136 (Alaska Ct. App. 2020).
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