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AS 11.81.610

Construction of statutes with respect to culpability

Applied in 1 court decision — leading case Borden v. United States (2021)

Most recently applied in Borden v. United States (June 2021)

(a) [Repealed, § 44 ch 102 SLA 1980.] (b) Except as provided in AS 11.81.600(b), if a provision of law defining an offense does not prescribe a culpable mental state, the culpable mental state that must be proved with respect to (1) conduct is “knowingly”; and

(2) a circumstance or a result is “recklessly.”

(c) When a provision of law provides that criminal negligence suffices to establish an element of an offense, that element is also established if a person acts intentionally, knowingly, or recklessly. If acting recklessly suffices to establish an element, that element also is established if a person acts intentionally or knowingly. If acting knowingly suffices to establish an element, that element is also established if a person acts intentionally.

Official source: Alaska State Legislature. Reproduced from public-domain Alaska statutes; confirm against the official source for the current text. Not legal advice.