Section 09.65.205. Civil liability for controlled substances offense.

   (a) A person who sells or barters a controlled substance in violation of AS 11.71 is strictly liable
        (1) to the recipient or another person for civil damages if, while under the influence of the controlled substance, the person receiving the controlled substance engages in conduct that results in civil damages and the recipient's being under the influence of the controlled substance substantially contributes to the civil damages; and
        (2) for the cost to the state or political subdivision to criminally prosecute a person who receives a controlled substance from a person who violates AS 11.71 if the prosecution results from the violation of AS 11.71 described in this subsection.
   (b) In an action under (a) of this section, it is not a defense that the person receiving the controlled substance voluntarily consumed the controlled substance or was voluntarily under the influence of the controlled substance.
   (c) In this section,
        (1) "civil damages" includes damages for personal injury, death, or injury to property of a person, including the state or a political subdivision of the state;
        (2) "controlled substance" has the meaning given in AS 11.71.900.

Notes

History

(Sec. 2 ch 18 SLA 1997)