Alaska Statutes
Alaska Stat. § 12.55.185 (2026)
Definitions
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Sec. 12.55.185. Definitions.
In this chapter, unless the context requires otherwise,
(1) “active term of imprisonment” has the meaning given in AS 12.55.127;
(2) “building” has the meaning given in AS 11.81.900;
(3) “crime against a person” has the meaning given in AS 33.30.901;
(4) “criminal street gang” has the meaning given in AS 11.81.900(b);
(5) “dangerous instrument” has the meaning given in AS 11.81.900;
(6) “domestic violence” has the meaning given in AS 18.66.990;
(7) “firearm” has the meaning given in AS 11.81.900;
(8) “first felony conviction” means that the defendant has not been previously convicted of a felony;
(9) “judicial officer” has the meaning given in AS 11.56.900;
(10) “most serious felony” means
(A) arson in the first degree, sex trafficking in the first degree under AS 11.66.110(a)(2), enticement of a minor under AS 11.41.452(e), or any unclassified or class A felony prescribed under AS 11.41; or
(B) an attempt, or conspiracy to commit, or criminal solicitation under AS 11.31.110 of, an unclassified felony prescribed under AS 11.41;
(11) “paramedic” means a mobile intensive care paramedic licensed under AS 18.08;
(12) “peace officer” has the meaning given in AS 11.81.900;
(13) “pecuniary gain” means the amount of money or value of property at the time of commission of the offense derived by the defendant from the commission of the offense, less the amount of money or value of property returned to the victim of the offense or seized by or surrendered to lawful authority before sentence is imposed;
(14) “second felony conviction” means that the defendant previously has been convicted of a felony;
(15) “serious physical injury” has the meaning given in AS 11.81.900;
(16) “sexual felony” means sexual assault in the first degree, sexual abuse of a minor in the first degree, sex trafficking in the first degree, sexual assault in the second degree, sexual abuse of a minor in the second degree, sexual abuse of a minor in the third degree under AS 11.41.438(c), unlawful exploitation of a minor, patron of a victim of sex trafficking, indecent viewing or production of a picture under AS 11.61.123(g)(1) or (2), distribution of child sexual abuse material, sexual assault in the third degree, incest, indecent exposure in the first degree, possession of child sexual abuse material, enticement of a minor, and felony attempt, conspiracy, or solicitation to commit those crimes;
(17) “third felony conviction” means that the defendant has been at least twice previously convicted of a felony;
(18) “unconditional discharge” means that a defendant is released from all disability arising under a sentence, including probation and parole;
(19) “victim” means
(A) a person against whom an offense has been perpetrated;
(B) one of the following, not the perpetrator, if the person specified in (A) of this paragraph is a minor, incompetent, or incapacitated:
(i) an individual living in a spousal relationship with the person specified in (A) of this paragraph; or
(ii) a parent, adult child, guardian, or custodian of the person;
(C) one of the following, not the perpetrator, if the person specified in (A) of this paragraph is dead:
(i) a person living in a spousal relationship with the deceased before the deceased died;
(ii) an adult child, parent, brother, sister, grandparent, or grandchild of the deceased; or
(iii) any other interested person, as may be designated by a person having authority in law to do so.
Chapter 60. Prevention of Crimes.
Article 1. Manner of Preventing Crimes.
In this chapter, unless the context requires otherwise,
(1) “active term of imprisonment” has the meaning given in AS 12.55.127;
(2) “building” has the meaning given in AS 11.81.900;
(3) “crime against a person” has the meaning given in AS 33.30.901;
(4) “criminal street gang” has the meaning given in AS 11.81.900(b);
(5) “dangerous instrument” has the meaning given in AS 11.81.900;
(6) “domestic violence” has the meaning given in AS 18.66.990;
(7) “firearm” has the meaning given in AS 11.81.900;
(8) “first felony conviction” means that the defendant has not been previously convicted of a felony;
(9) “judicial officer” has the meaning given in AS 11.56.900;
(10) “most serious felony” means
(A) arson in the first degree, sex trafficking in the first degree under AS 11.66.110(a)(2), enticement of a minor under AS 11.41.452(e), or any unclassified or class A felony prescribed under AS 11.41; or
(B) an attempt, or conspiracy to commit, or criminal solicitation under AS 11.31.110 of, an unclassified felony prescribed under AS 11.41;
(11) “paramedic” means a mobile intensive care paramedic licensed under AS 18.08;
(12) “peace officer” has the meaning given in AS 11.81.900;
(13) “pecuniary gain” means the amount of money or value of property at the time of commission of the offense derived by the defendant from the commission of the offense, less the amount of money or value of property returned to the victim of the offense or seized by or surrendered to lawful authority before sentence is imposed;
(14) “second felony conviction” means that the defendant previously has been convicted of a felony;
(15) “serious physical injury” has the meaning given in AS 11.81.900;
(16) “sexual felony” means sexual assault in the first degree, sexual abuse of a minor in the first degree, sex trafficking in the first degree, sexual assault in the second degree, sexual abuse of a minor in the second degree, sexual abuse of a minor in the third degree under AS 11.41.438(c), unlawful exploitation of a minor, patron of a victim of sex trafficking, indecent viewing or production of a picture under AS 11.61.123(g)(1) or (2), distribution of child sexual abuse material, sexual assault in the third degree, incest, indecent exposure in the first degree, possession of child sexual abuse material, enticement of a minor, and felony attempt, conspiracy, or solicitation to commit those crimes;
(17) “third felony conviction” means that the defendant has been at least twice previously convicted of a felony;
(18) “unconditional discharge” means that a defendant is released from all disability arising under a sentence, including probation and parole;
(19) “victim” means
(A) a person against whom an offense has been perpetrated;
(B) one of the following, not the perpetrator, if the person specified in (A) of this paragraph is a minor, incompetent, or incapacitated:
(i) an individual living in a spousal relationship with the person specified in (A) of this paragraph; or
(ii) a parent, adult child, guardian, or custodian of the person;
(C) one of the following, not the perpetrator, if the person specified in (A) of this paragraph is dead:
(i) a person living in a spousal relationship with the deceased before the deceased died;
(ii) an adult child, parent, brother, sister, grandparent, or grandchild of the deceased; or
(iii) any other interested person, as may be designated by a person having authority in law to do so.
Chapter 60. Prevention of Crimes.
Notes of Decisions
Cited in 43
cases (6 in the last 5 years), 1982–2025 · leading case: State v. Rastopsoff, 659 P.2d 630 (Alaska Ct. App. 1983).
State v. Rastopsoff, 659 P.2d 630 (Alaska Ct. App. 1983). “125 and AS 12.55.185. 11 The sentencing court may give Rastopsoff a separate sentence for each offense arising from a separate criminal episode, and in so doing it may in its discretion choose to impose the sentences consecutively.”
State of Alaska v. Brennan Adam Grubb, 546 P.3d 586 (Alaska 2024). “The legislature repealed and reenacted AS 12.55.185 in 1989, including the current form of its definition of victim.”
Jerry B. v. Sally B., 377 P.3d 916 (Alaska 2016). “Indecent exposure in the first degree under subsection (a)(1) is a class C felony whereby an offender (1) "knowingly exposes [his or her} genitals" and (2) "knowingly masturbates" (3) "within the observation of a person under 16 years of age" (4) "with reckless disregard for the…”
Ned v. State, 119 P.3d 438 (Alaska Ct. App. 2005). “Second, Ned argues that the sentencing judge exceeded the seope of permissible *440 restitution when the judge required Ned to reimburse the cost of air fare for several people to attend the victim's funeral; these people were related to the victim, but not closely enough to…”
Xeuy Sikeo v. State, 258 P.3d 906 (Alaska Ct. App. 2011). “125(a)(1), which provides a substantially increased penalty for all defendants who commit either an unclassified felony or a class A felony if they have at least two prior convictions for a "most serious felony"-a term that encompasses all unclassified felonies, all class A…”
Gilley v. State, 955 P.2d 927 (Alaska Ct. App. 1998). “1983), Gilley’s status as a second or third felony offender hinges on the relationship between, on the one hand, the definitions of “second felony offender” and “third felony offender” codified in AS 12.55.185 and, on the other, the provisions of AS 12.”
Wooley v. State, 221 P.3d 12 (Alaska Ct. App. 2009). “7 In place of the habitual felony offender statute (which was repealed), the legislature enacted a presumptive sentencing scheme that subjects defendants to increasing presumptive terms (or, now, increasing presumptive ranges of imprisonment) if the defendant is being sentenced…”
Thomas v. State, 413 P.3d 1207 (Alaska Ct. App. 2018). “900(15) (in this chapter, "victim" has the meaning given in AS 12.55.185 ); AS 12.55.185(19)(C). 13 AS 33.”
Linn v. State, 658 P.2d 150 (Alaska Ct. App. 1983). “AS 12.55.185(1). The former statute provides in relevant part: (b) As used in this title, unless otherwise specified or unless the context requires otherwise, (11) “dangerous instrument” means anything which, under the circumstances in which it is used, attempted to be used, or…”
Juneby v. State, 641 P.2d 823 (Alaska Ct. App. 1982). “AS 12.55.185(9) adopts for use in the sentencing provisions of the Alaska Revised Criminal Code the definition of “serious physical injury” set out in AS 11.”
Sawyer v. State, 663 P.2d 230 (Alaska Ct. App. 1983). “The question in this case is: exactly when has a person been convicted of a felony so that, if he commits a subsequent felony offense, that subsequent offense will be a second felony offense for presumptive sentencing purposes? See AS 12.55.185(7). We conclude that a person has…”
Simon v. State, 121 P.3d 815 (Alaska Ct. App. 2005). “AS 12.55.185(15). 3 . Former AS 12.55.125(e)(2) (prior to its amendment in 2005).”
— Alaska Stat. § 12.55.185(1) — 1 case
Linn v. State, 658 P.2d 150 (Alaska Ct. App. 1983). “AS 12.55.185(1). The former statute provides in relevant part: (b) As used in this title, unless otherwise specified or unless the context requires otherwise, (11) “dangerous instrument” means anything which, under the circumstances in which it is used, attempted to be used, or…”
— Alaska Stat. § 12.55.185(10) — 3 cases
Xeuy Sikeo v. State, 258 P.3d 906 (Alaska Ct. App. 2011). “125(a)(1), which provides a substantially increased penalty for all defendants who commit either an unclassified felony or a class A felony if they have at least two prior convictions for a "most serious felony"-a term that encompasses all unclassified felonies, all class A…”
Moore v. State, 262 P.3d 217 (Alaska Ct. App. 2011).
James Buster Bowen v. State of Alaska (Alaska Ct. App. 2023).
— Alaska Stat. § 12.55.185(11) — 1 case
State of Alaska v. Brennan Adam Grubb, 546 P.3d 586 (Alaska 2024). “The legislature repealed and reenacted AS 12.55.185 in 1989, including the current form of its definition of victim.”
— Alaska Stat. § 12.55.185(12) — 3 cases
Gilley v. State, 955 P.2d 927 (Alaska Ct. App. 1998). “1983), Gilley’s status as a second or third felony offender hinges on the relationship between, on the one hand, the definitions of “second felony offender” and “third felony offender” codified in AS 12.55.185 and, on the other, the provisions of AS 12.”
Smith v. State, 83 P.3d 12 (Alaska Ct. App. 2004).
Singleton v. State, 921 P.2d 636 (Alaska Ct. App. 1996).
— Alaska Stat. § 12.55.185(13)(A) — 1 case
Mun. of Anchorage v. Sanders, 902 P.2d 347 (Alaska Ct. App. 1995).
— Alaska Stat. § 12.55.185(14) — 6 cases
Gilley v. State, 955 P.2d 927 (Alaska Ct. App. 1998). “1983), Gilley’s status as a second or third felony offender hinges on the relationship between, on the one hand, the definitions of “second felony offender” and “third felony offender” codified in AS 12.55.185 and, on the other, the provisions of AS 12.”
Powell v. State, 88 P.3d 532 (Alaska Ct. App. 2004).
Wooley v. State, 221 P.3d 12 (Alaska Ct. App. 2009). “7 In place of the habitual felony offender statute (which was repealed), the legislature enacted a presumptive sentencing scheme that subjects defendants to increasing presumptive terms (or, now, increasing presumptive ranges of imprisonment) if the defendant is being sentenced…”
Waters v. State, 64 P.3d 169 (Alaska Ct. App. 2003).
Smith v. State, 83 P.3d 12 (Alaska Ct. App. 2004).
— Alaska Stat. § 12.55.185(15) — 1 case
Simon v. State, 121 P.3d 815 (Alaska Ct. App. 2005). “AS 12.55.185(15). 3 . Former AS 12.55.125(e)(2) (prior to its amendment in 2005).”
— Alaska Stat. § 12.55.185(16) — 3 cases
Xeuy Sikeo v. State, 258 P.3d 906 (Alaska Ct. App. 2011). “125(a)(1), which provides a substantially increased penalty for all defendants who commit either an unclassified felony or a class A felony if they have at least two prior convictions for a "most serious felony"-a term that encompasses all unclassified felonies, all class A…”
James Buster Bowen v. State of Alaska (Alaska Ct. App. 2023).
Michael Steven Cunningham v. State of Alaska, 536 P.3d 739 (Alaska Ct. App. 2023).
— Alaska Stat. § 12.55.185(16)(C) — 1 case
Phillips v. State, 70 P.3d 1128 (Alaska Ct. App. 2003).
— Alaska Stat. § 12.55.185(17) — 4 cases
Wooley v. State, 221 P.3d 12 (Alaska Ct. App. 2009). “7 In place of the habitual felony offender statute (which was repealed), the legislature enacted a presumptive sentencing scheme that subjects defendants to increasing presumptive terms (or, now, increasing presumptive ranges of imprisonment) if the defendant is being sentenced…”
Felber v. State, 243 P.3d 1007 (Alaska Ct. App. 2010).
Xeuy Sikeo v. State, 258 P.3d 906 (Alaska Ct. App. 2011). “125(a)(1), which provides a substantially increased penalty for all defendants who commit either an unclassified felony or a class A felony if they have at least two prior convictions for a "most serious felony"-a term that encompasses all unclassified felonies, all class A…”
Shinault v. State, 258 P.3d 848 (Alaska Ct. App. 2011).
— Alaska Stat. § 12.55.185(17)(C) — 1 case
Ned v. State, 119 P.3d 438 (Alaska Ct. App. 2005). “Second, Ned argues that the sentencing judge exceeded the seope of permissible *440 restitution when the judge required Ned to reimburse the cost of air fare for several people to attend the victim's funeral; these people were related to the victim, but not closely enough to…”
— Alaska Stat. § 12.55.185(18) — 1 case
Jacob Roller v. State of Alaska, 539 P.3d 518 (Alaska Ct. App. 2023).
— Alaska Stat. § 12.55.185(19) — 3 cases
Jerry B. v. Sally B., 377 P.3d 916 (Alaska 2016). “Indecent exposure in the first degree under subsection (a)(1) is a class C felony whereby an offender (1) "knowingly exposes [his or her} genitals" and (2) "knowingly masturbates" (3) "within the observation of a person under 16 years of age" (4) "with reckless disregard for the…”
State of Alaska v. Brennan Adam Grubb, 546 P.3d 586 (Alaska 2024). “The legislature repealed and reenacted AS 12.55.185 in 1989, including the current form of its definition of victim.”
Kevin Dalton v. State of Alaska, 477 P.3d 650 (Alaska Ct. App. 2020).
— Alaska Stat. § 12.55.185(19)(A) — 1 case
State of Alaska v. Stacey Allen Graham, 513 P.3d 1046 (Alaska 2022).
— Alaska Stat. § 12.55.185(19)(B) — 2 cases
Jerry B. v. Sally B., 377 P.3d 916 (Alaska 2016). “Indecent exposure in the first degree under subsection (a)(1) is a class C felony whereby an offender (1) "knowingly exposes [his or her} genitals" and (2) "knowingly masturbates" (3) "within the observation of a person under 16 years of age" (4) "with reckless disregard for the…”
State of Alaska v. Brennan Adam Grubb, 546 P.3d 586 (Alaska 2024). “The legislature repealed and reenacted AS 12.55.185 in 1989, including the current form of its definition of victim.”
— Alaska Stat. § 12.55.185(19)(B)(ii) — 2 cases
State of Alaska v. Brennan Adam Grubb, 546 P.3d 586 (Alaska 2024). “The legislature repealed and reenacted AS 12.55.185 in 1989, including the current form of its definition of victim.”
Brennan Grubb v. State of Alaska (Alaska Ct. App. 2025).
— Alaska Stat. § 12.55.185(19)(C) — 6 cases
Thomas v. State, 413 P.3d 1207 (Alaska Ct. App. 2018). “900(15) (in this chapter, "victim" has the meaning given in AS 12.55.185 ); AS 12.55.185(19)(C). 13 AS 33.”
Graham v. State, 440 P.3d 309 (Alaska Ct. App. 2019).
State of Alaska v. Stacey Allen Graham, 513 P.3d 1046 (Alaska 2022).
Shepersky v. State, 401 P.3d 990 (Alaska Ct. App. 2017).
Thomas v. State (Alaska Ct. App. 2018).
— Alaska Stat. § 12.55.185(2) — 1 case
Capwell v. State, 823 P.2d 1250 (Alaska Ct. App. 1991).
— Alaska Stat. § 12.55.185(3) — 1 case
Mun. of Anchorage v. Sanders, 902 P.2d 347 (Alaska Ct. App. 1995).
— Alaska Stat. § 12.55.185(4) — 1 case
Cooper v. Dist. Court, 133 P.3d 692 (Alaska Ct. App. 2006).
— Alaska Stat. § 12.55.185(6) — 1 case
State v. Rastopsoff, 659 P.2d 630 (Alaska Ct. App. 1983). “125 and AS 12.55.185. 11 The sentencing court may give Rastopsoff a separate sentence for each offense arising from a separate criminal episode, and in so doing it may in its discretion choose to impose the sentences consecutively.”
— Alaska Stat. § 12.55.185(7) — 3 cases
Sawyer v. State, 663 P.2d 230 (Alaska Ct. App. 1983). “The question in this case is: exactly when has a person been convicted of a felony so that, if he commits a subsequent felony offense, that subsequent offense will be a second felony offense for presumptive sentencing purposes? See AS 12.55.185(7). We conclude that a person has…”
State v. Rastopsoff, 659 P.2d 630 (Alaska Ct. App. 1983). “125 and AS 12.55.185. 11 The sentencing court may give Rastopsoff a separate sentence for each offense arising from a separate criminal episode, and in so doing it may in its discretion choose to impose the sentences consecutively.”
Fry v. State, 655 P.2d 789 (Alaska Ct. App. 1983).
— Alaska Stat. § 12.55.185(8) — 3 cases
Linn v. State, 658 P.2d 150 (Alaska Ct. App. 1983). “AS 12.55.185(1). The former statute provides in relevant part: (b) As used in this title, unless otherwise specified or unless the context requires otherwise, (11) “dangerous instrument” means anything which, under the circumstances in which it is used, attempted to be used, or…”
Wright v. State, 656 P.2d 1226 (Alaska Ct. App. 1983).
Wright v. State, 656 P.2d 1222 (Alaska Ct. App. 1983).
— Alaska Stat. § 12.55.185(9) — 2 cases
Juneby v. State, 641 P.2d 823 (Alaska Ct. App. 1982). “AS 12.55.185(9) adopts for use in the sentencing provisions of the Alaska Revised Criminal Code the definition of “serious physical injury” set out in AS 11.”
Wesolic v. State, 837 P.2d 130 (Alaska Ct. App. 1992).
— Alaska Stat. § 12.55.185(a) — 1 case
State v. Williams, 356 P.3d 804 (Alaska Ct. App. 2015).
— Alaska Stat. § 12.55.185(a)(1)(C) — 1 case
Mun. of Anchorage v. Brooks, 397 P.3d 346 (Alaska Ct. App. 2017).
— Alaska Stat. § 12.55.185(b) — 1 case
State v. Rastopsoff, 659 P.2d 630 (Alaska Ct. App. 1983). “125 and AS 12.55.185. 11 The sentencing court may give Rastopsoff a separate sentence for each offense arising from a separate criminal episode, and in so doing it may in its discretion choose to impose the sentences consecutively.”
— Alaska Stat. § 12.55.185(g) — 1 case
Miller v. State, 312 P.3d 1112 (Alaska Ct. App. 2013).
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