Section 11.41.110. Murder in the second degree.

   (a) A person commits the crime of murder in the second degree if
        (1) with intent to cause serious physical injury to another person or knowing that the conduct is substantially certain to cause death or serious physical injury to another person, the person causes the death of any person;
        (2) the person knowingly engages in conduct that results in the death of another person under circumstances manifesting an extreme indifference to the value of human life;
        (3) under circumstances not amounting to murder in the first degree under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the person commits or attempts to commit arson in the first degree, kidnapping, sexual assault in the first degree, sexual assault in the second degree, sexual abuse of a minor in the first degree, sexual abuse of a minor in the second degree, burglary in the first degree, escape in the first or second degree, robbery in any degree, or misconduct involving a controlled substance under AS 11.71.010(a), 11.71.030(a)(1), (2), or (4)-(8), or 11.71.040(a)(1) or (2) and, in the course of or in furtherance of that crime or in immediate flight from that crime, any person causes the death of a person other than one of the participants;
        (4) acting with a criminal street gang, the person commits or attempts to commit a crime that is a felony and, in the course of or in furtherance of that crime or in immediate flight from that crime, any person causes the death of a person other than one of the participants; or
        (5) the person with criminal negligence causes the death of a child under the age of 16, and the person has been previously convicted of a crime involving a child under the age of 16 that was
             (A) a felony violation of AS 11.41;
             (B) in violation of a law or ordinance in another jurisdiction with elements similar to a felony under AS 11.41; or
             (C) an attempt, a solicitation, or a conspiracy to commit a crime listed in (A) or (B) of this paragraph.
   (b) Murder in the second degree is an unclassified felony and is punishable as provided in AS 12.55.

Authorities

11.41.115;11.66.100;12.55.125;12.63.100

Notes

Recent Bills that will modify this

HB 7 HOMICIDE OPERATING VEHICLE,PLANE,BOAT
SB 30 MARIJUANA REG;CONT. SUBST;CRIMES;DEFENSES
SB 91 OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS

References

AS 11.41.115 Defenses to murder.
AS 11.66.100 Prostitution.
AS 12.55.125 Sentences of imprisonment for felonies.
AS 12.63.100 Definitions.

History

(Sec. 3 ch 166 SLA 1978; am Sec. 1 ch 66 SLA 1988; am Sec. 5 ch 4 SLA 1990; am Sec. 1 ch 60 SLA 1996; am Sec. 4 ch 54 SLA 1999; am Sec. 4 ch 36 SLA 2016)