Section 04.16.200. Penalties for violations of AS 04.11.010 and 04.11.499.

   (a) Except as provided under (b) of this section, a person who violates AS 04.11.010 is, upon conviction, guilty of a class A misdemeanor.
   (b) A person who violates AS 04.11.010 in an area that has adopted a local option under AS 04.11.491 is, upon conviction, guilty of a class C felony.
   (c) It is an affirmative defense to a prosecution under (a) of this section that no profit was involved in the solicitation or receipt of an order for the delivery of an alcoholic beverage. However, the affirmative defense created under this subsection is not available in a prosecution of a person charged with selling or offering for sale alcoholic beverages to a person under 21 years of age.
   (d) Upon conviction of a person of a violation under (a) of this section, the court shall impose a minimum sentence of imprisonment of not less than 10 consecutive days.  The execution of the sentence may not be suspended and probation or parole may not be granted until the minimum imprisonment provided in this subsection has been served. Imposition of sentence may not be suspended except upon the condition that the defendant be imprisoned for no less than the minimum period provided in this subsection.
   (e) A person who sends, transports, or brings alcoholic beverages into a municipality or established village in violation of AS 04.11.499(a) is, upon conviction,
        (1) except as provided in (3) of this subsection, guilty of a class A misdemeanor if the quantity of alcoholic beverages is less than 10 and one-half liters of distilled spirits or 24 liters of wine, or either a half-keg of malt beverages or 12 gallons of malt beverages in individual containers;
        (2) guilty of a class C felony if the quantity of alcoholic beverages is 10 and one-half liters or more of distilled spirits or 24 liters or more of wine, or either a half-keg of malt beverages or 12 gallons or more of malt beverages in individual containers; or
        (3) guilty of a class C felony if the quantity of alcoholic beverages is less than 10 and one-half liters of distilled spirits or 24 liters of wine, or either a half-keg of malt beverages or 12 gallons of malt beverages in individual containers and the person has been previously convicted under this subsection or (b) of this section two or more times within 15 years of the date of the present offense.
   (f) A person who purchases alcohol in violation of AS 04.11.499(b) is guilty of a class A misdemeanor.
   (g) Upon conviction of a class A misdemeanor under (e)(1) of this section, the court
        (1) shall impose a minimum sentence of imprisonment of
             (A) not less than 72 consecutive hours and a fine of not less than $1,500 if the person has not been previously convicted;
             (B) not less than 20 days and a fine of not less than $3,000 if the person has been previously convicted once;
             (C) not less than 60 days and a fine of not less than $4,000 if the person has been previously convicted twice and is not subject to punishment under (h) of this section;
             (D) not less than 120 days and a fine of not less than $5,000 if the person has been previously convicted three times and is not subject to punishment under (h) of this section;
             (E) not less than 240 days and a fine of not less than $6,000 if the person has been previously convicted four times and is not subject to punishment under (h) of this section;
             (F) not less than 360 days and a fine of not less than $7,000 if the person has been previously convicted more than four times and is not subject to punishment under (h) of this section;
        (2) may not
             (A) suspend execution of sentence or grant probation except on the condition that the person
                  (i) serve the minimum imprisonment under (1) of this subsection; and
                  (ii) pay the minimum fine required under (1) of this subsection; or
             (B) suspend imposition of sentence.
   (h) Upon conviction of a class C felony under (b) or (e)(2) or (3) of this section, the court
        (1) shall impose a fine of not less than $10,000 and a minimum sentence of imprisonment of
             (A) 120 days if the person has not been previously convicted;
             (B) 240 days if the person has been previously convicted once;
             (C) 360 days if the person has been previously convicted two or more times;
        (2) may not
             (A) suspend execution of sentence or grant probation except on the condition that the person
                  (i) serve the minimum imprisonment under (1) of this subsection; and
                  (ii) pay the minimum fine required under (1) of this subsection; or
             (B) suspend imposition of sentence.
   (i) In (g) of this section, "previously convicted" means having been convicted, within the 15 years preceding the date of the present offense, of an offense under (b) or (e) of this section or a law or ordinance of another jurisdiction having elements similar to those offenses.
   (j) In (h) of this section, "previously convicted" means having been convicted, within the 15 years preceding the date of the present offense, of a felony offense under (b) or (e) of this section or a law or ordinance of another jurisdiction having elements similar to those felony offenses.
   (k) The court shall consider the date of a previous conviction as occurring on the date that sentence is imposed for the prior offense.

Authorities

04.11.010; 4.11.010;28.35.028

Notes

References

3 AAC 304.645
AS 4.11.010 .010">Sec. 04.11.010. License or permit required; presumption concerning possession for sale.
AS 28.35.028 Court-ordered treatment.

History

(Sec. 3 ch 131 SLA 1980; am Sec. 12, 13 ch 109 SLA 1983; am Sec. 1, 2 ch 27 SLA 1988; am Sec. 37, 38 ch 101 SLA 1995; am Sec. 8 ch 63 SLA 2001; am Sec. 14, 15 ch 25 SLA 2007; am Sec. 8, 9 ch 75 SLA 2008; am Sec. 6, 7 ch 88 SLA 2010)