Alaska Statutes
Alaska Stat. § 12.61.127 (2026)
Inadmissibility of statements taken in violation of
✓ current as of July 2026
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Sec. 12.61.127. Inadmissibility of statements taken in violation of AS 12.61.120 or 12.61.125.
A statement obtained from a victim or witness in violation of AS 12.61.120 or 12.61.125 is presumed inadmissible in a prosecution of the defendant. To overcome the presumption of inadmissibility, the defendant must prove by clear and convincing evidence that
(1) the statement is reliable;
(2) similar evidence is unavailable from any other source; and
(3) failure to introduce the statement would substantially undermine the reliability of the fact-finding process and result in manifest injustice.
A statement obtained from a victim or witness in violation of AS 12.61.120 or 12.61.125 is presumed inadmissible in a prosecution of the defendant. To overcome the presumption of inadmissibility, the defendant must prove by clear and convincing evidence that
(1) the statement is reliable;
(2) similar evidence is unavailable from any other source; and
(3) failure to introduce the statement would substantially undermine the reliability of the fact-finding process and result in manifest injustice.
Notes of Decisions
Cited in 1
case, 2007–2007 · leading case: State v. Murtagh, 169 P.3d 602 (Alaska 2007).
State v. Murtagh, 169 P.3d 602 (Alaska 2007). “is no legal requirement that the victim or witness talk to the defense; or (B) if the statement is not taken as a recording, written authorization is first obtained from the victim or witness, or from the parent or guardian of the victim or witness if the victim or witness is a…”
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