AK Stat 11.61.220 (through 27th Leg Sess 2012), This site is protected by reCAPTCHA and the Google, There is a newer version of the Alaska Statutes, Chapter 11.61. 12.45.045. One may logically conclude that folding knives that may be carried in a pocket or handbag and are not within the switchblade and gravity definitions are ordinary pocket- knives.. 13-3102. There are 17 different types of misconduct involving weapon (or MIW) charges. 12.55.185. 11.41.200. Reasons for denial to be set out, Sec. In January 2016 he was arrested, also in Wasilla, on domestic violence charges, including fourth-degree assault, interfering with a domestic violence report and misconduct involving weapons in the . Proceedings governed by other law, Sec. Sign up for our free summaries and get the latest delivered directly to you. Conspiracy. (a) A person commits the crime of misconduct involving weapons in the fifth degree if the person (1) is 21 years of age or older and knowingly possesses a deadly weapon, other than an ordinary pocket knife or a defensive weapon, 45.48.670 Toll-free telephone number, Sec. Factual Declaration of Innocence after Identity Theft; Right to File Police Report Regarding Identity Theft, Sec. Registration of child custody determination, Sec. Proceedings governed by other law, Sec. General Definitions, Residency, and Rules of Statutory Construction, Sec. 25.30.460. Moreover, the bias toward closure exceptions in the statutory definitions for switchblades and gravity knives indicate that one hand and assisted opening technologies are ordinary under Alaska law. Original report, 3-20-18 Bail has been set at $1-million for the alleged shooter in a weekend assault (3-18-18) that left a Sitka woman hospitalized with bullet wounds in both legs. Discharging a firearm at an occupied structure in order to assist, promote or further the interests of a criminal street gang, a criminal syndicate or a racketeering enterprise; or, 10. (i) mine or device that is designed, made, or adapted for the purpose of inflicting serious physical injury or death; (ii) rocket, other than an emergency flare, having a propellant charge of more than four ounces; (B) device designed, made, or adapted to muffle the report of a firearm; (C) firearm that is capable of shooting more than one shot automatically, without manual reloading, by a single function of the trigger; or. The assault charge involved father Todd Palin as "the victim" and the burglary charge stems from an incident at the. Firearm that is not loaded and that is carried within a means of transportation under the control of an adult provided that if the adult leaves the means of transportation the firearm shall not be visible from the outside of the means of transportation and the means of transportation shall be locked. 25.20.030. Relevant Statutes: Title 11, Chapter 61 Article 2 Weapons and Explosives, 11.61.200. (A) explosive, incendiary, or noxious gas. 11.46.330. A grand jury previously indicted McClam on two counts of assault in the first degree, assault in the third degree, and misconduct involving weapons in the third degree. (b) In a prosecution under (a)(6) of this section, it is an affirmative defense that the defendant, at the time of possession, was, (1) in the defendant's dwelling or on land owned or leased by the defendant appurtenant to the dwelling; or. Share by Email. COUNCIL ON DOMESTIC VIOLENCE AND SEXUAL ASSAULT, Sec. Misconduct involving weapons in the fourth degree. Stalking in the second degree, Sec. White, who is not allowed to own firearms because of previous felony convictions, was also charged with misconduct involving weapons, the document said. Assault in the fourth degree, Sec. Sexual abuse of a minor in the first degree, Sec. 11.46.570. E. Subsection A, paragraphs 3 and 7 of this section shall not apply to: 1. Saint Louis University Law Journal Accordingly, assisted openers are not subject to the gravity and switchblade restrictions. (1) (a)(1) of this section do not apply to a person if. The Alaska Statutes were automatically converted to HTML from a plain text format. 11.41.500. 25.30.901. Sexual misconduct was also rampant in the reports dating to 2017, including inappropriate affairs with felons in prison, confidential sources and subordinate employees. Examination and treatment of minors, Sec. 45.48.180 Notification after violation, Sec. alaska marine highway operations board: representative stutes: chapter 20 sla 21: 07/13/2021: hb 123: state recognition of tribes: representative zulkosky: 25.30.370. Criminally negligent homicide, ARTICLE 2. Jurisdiction to modify determination, Sec. Government of Schools. If there is no covering clothing, the same fixed blade knife in the sheath would likely be unconcealed. 11.41.110. ALASKA MICROLOAN REVOLVING LOAN FUND: REPRESENTATIVE STORY (H) L&C: 02/11/2022: Cosponsored Bills Bill Short Title Prime Sponsor(s) Current Status Status Date; . Manufacturing, possessing, transporting, selling or transferring a prohibited weapon, except that if the violation involves dry ice, a person commits misconduct involving weapons by knowingly possessing the dry ice with the intent to cause injury to or death of another person or to cause damage to the property of another person; or, 4. 11.41.100. Taking testimony in another state, Sec. Misconduct Involving Weapons - First Degree 11.61.190(a)(2) Misconduct Involving Weapons - First Degree 11.61.195 . Misconduct involving weapons in the first degree. Petition for award of child custody, Sec. Sexual assault in the fourth degree, Sec. Domestic violence fatality review teams, Chapter 67. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Ex parte and emergency protective orders, Sec. Disclaimer: These codes may not be the most recent version. In January 2016, Palin was arrested on similar domestic violence charges, including assault in the fourth degree, interference with a domestic violence report, and misconduct involving weapons in . Telegraph and Telephone Systems and Cable Lines; Eavesdropping, Article 5. Share on Facebook Modification of protective orders for stalking and sexual assault, Sec. State Law reference Misconduct involving weapons in the third degree, AS 11.61.220. 25.30.840. (C) the possession occurred at a place designated as a restaurant for the purposes of AS 04.16.049 and the defendant did not consume intoxicating liquor at the place; (2) a defense that the defendant, at the time of possession, was on business premises, (A) owned by or leased by the defendant; or. Access and actions during security freeze, Sec. (ii) allow the peace officer to secure the deadly weapon, or fails to secure the weapon at the direction of the peace officer, during the duration of the contact; (B) that is concealed on the person within the residence of another person unless the person has first obtained the express permission of an adult residing there to bring a concealed deadly weapon within the residence; (2) knowingly possesses a loaded firearm on the person in any place where intoxicating liquor is sold for consumption on the premises; (3) being an unemancipated minor under 16 years of age, possesses a firearm without the consent of a parent or guardian of the minor; (A) within the grounds of or on a parking lot immediately adjacent to an entity, other than a private residence, licensed as a child care facility under AS 47.32 or recognized by the federal government for the care of children, except that a person 21 years of age or older may possess an unloaded firearm in the trunk of a motor vehicle or encased in a closed container of a motor vehicle; (i) courtroom or office of the Alaska Court System; or, (ii) courthouse that is occupied only by the Alaska Court System and other justice-related agencies; or. (i) Misconduct involving weapons in the third degree is a class C felony. Offenses Against Public Administration, Article 5. 25.20.061. Endangering the welfare of a child in the second degree, Sec. 45.48.680 Right to file police report regarding identity theft, Chapter 50. Sentences of imprisonment for misdemeanors, Sec. Palin pleaded guilty to misconduct involving weapons for possessing a weapon while intoxicated, online court records show, but the domestic violence charges were later dismissed by prosecutors. 18.66.140. An official website of the United States government, Department of Justice. Notice; opportunity to be heard; joinder, Sec. DOMESTIC VIOLENCE AND SEXUAL ASSAULT, ARTICLE 1. Ordinary pocketknives are excluded from this restriction. Compulsory disclosure of communications prohibited, Sec. 25.30.860. 12.55.155. Smith was arrested on one count of Assault in the 2nd degree, two counts of Assault in the 3rd degree, one count of Assault in the 4th degree, and Misconduct involving a weapon in the 5th degree. Failure to permit visitation with a minor, Chapter 56. Incidents and offenses to which this chapter applies, Sec. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. Anchorage, Alaska - Code of Ordinances; TITLE 8 - PENAL CODE; Chapter 8.25 - WEAPON OFFENSES; Show Changes. . If any errors are found, please e-mail Touch N' Go systems at E-mail. 20082021 WomensLaw.org is a project of the National Network to End Domestic Violence, Inc. All rights reserved. Assault in the second degree, Sec. Criminal mischief in the second degree, Sec. Custodial interference in the second degree, Sec. (A) a deadly weapon, other than a loaded firearm, in the trunk of a motor vehicle or encased in a closed container in a motor vehicle; (C) an unloaded firearm if the person is traversing school premises in a rural area for the purpose of entering public or private land that is open to hunting and the school board with jurisdiction over the school premises has elected to have this exemption apply to the school premises; in this subparagraph, rural means a community with a population of 5,500 or less that is not connected by road or rail to Anchorage or Fairbanks or with a population of 1,500 or less that is connected by road or rail to Anchorage or Fairbanks; or. 18.66.230. Recognition and enforcement, Sec. Violations of 11.61.220. Robbery, Extortion, and Coercion, Sec. Notice; opportunity to be heard; joinder, Sec. 25.20.090. LockA locked padlock C. Subsection A, paragraphs 2, 3, 7, 10, 11, 12 and 13 of this section shall not apply to: 1. Criminal trespass in the second degree, Article 4. 18.65.515. Robbery in the second degree, Sec. Obstruction of Public Administration, Sec. COMPETITIVE PRACTICES, REGULATION OF COMPETITION, CONSUMER PROTECTION, ARTICLE 3. Appearance of parties and child, Sec. For statutes adopted after the effective date of these statutes, see, Alaska State Legislature . 100, 2, eff. Relinquishment and termination of parent and child relationships, CHAPTER 24. Criminal impersonation in the second degree, CHAPTER 51. 11.46.290 Obtaining an access device or identification document by fraudulent means. Sec. present, a firearm when the person's physical or mental condition is impaired as a The criminal mischief charge was for causing $250 to $999 in property damage. 18.66.020. (function(i,s,o,g,r,a,m){i['GoogleAnalyticsObject']=r;i[r]=i[r]||function(){ misconduct involving weapons in the second degree, misconduct involving weapons in the fourth degree and violating conditions of release. Sept. 20, 2010. Public Utilities and Carriers and Energy Programs, Chapter 20. 11.46.320. Initial child custody jurisdiction, Sec.