Section 11.41.220. Assault in the third degree.

   (a) A person commits the crime of assault in the third degree if that person
        (1) recklessly
             (A) places another person in fear of imminent serious physical injury by means of a dangerous instrument;
             (B) causes physical injury to another person by means of a dangerous instrument; or
             (C) while being 18 years of age or older,
                  (i) causes physical injury to a child under 12 years of age and the injury would cause a reasonable caregiver to seek medical attention from a health care professional in the form of diagnosis or treatment;
                  (ii) causes physical injury to a child under 12 years of age on more than one occasion;
        (2) with intent to place another person in fear of death or serious physical injury to the person or the person's family member, makes repeated threats to cause death or serious physical injury to another person;
        (3) while being 18 years of age or older, knowingly causes physical injury to a child under 16 years of age but at least 12 years of age and the injury reasonably requires medical treatment;
        (4) with criminal negligence, causes serious physical injury under AS 11.81.900(b)(57)(B) to another person by means of a dangerous instrument; or
        (5) commits a crime that is a violation of AS 11.41.230(a)(1) or (2) and, within the preceding 10 years, the person was convicted on two or more separate occasions of crimes under
             (A) AS 11.41.100 - 11.41.170;
             (B) AS 11.41.200 - 11.41.220, 11.41.230(a)(1) or (2), 11.41.280, or 11.41.282;
             (C) AS 11.41.260 or 11.41.270;
             (D) AS 11.41.410, 11.41.420, or 11.41.425(a)(1); or
             (E) a law or ordinance of this or another jurisdiction with elements similar to those of an offense described in (A) - (D) of this paragraph.
   (b) In a prosecution under (a)(3) of this section, it is an affirmative defense that, at the time of the alleged offense, the defendant reasonably believed the victim to be 16 years of age or older, unless the victim was under 13 years of age at the time of the alleged offense.
   (c) In (a)(5) of this section, when considering whether a conviction has occurred in the preceding 10 years, the date that sentence is imposed is the date that a previous conviction has occurred.
   (d) In this section, "the person's family member" means
        (1) a spouse, child, grandchild, parent, grandparent, sibling, uncle, aunt, nephew, or niece, of the person, whether related by blood, marriage, or adoption;
        (2) a person who lives or has lived, in a spousal relationship with the person;
        (3) a person who lives in the same household as the person; or
        (4) a person who is a former spouse of the person or is or has been in a dating, courtship, or engagement relationship with the person.
   (e) Assault in the third degree is a class C felony.

Authorities

11.66.100

Notes

References

11 AAC 20.885
7 AAC 10.905
7 AAC 10.930
AS 11.66.100 Prostitution.

History

(Sec. 5 ch 102 SLA 1980; am Sec. 4 ch 143 SLA 1982; am Sec. 4 ch 79 SLA 1992; am Sec. 2, 3 ch 40 SLA 1993; am Sec. 1, 2 ch 54 SLA 1995; am Sec. 13 ch 124 SLA 2004; am Sec. 1 ch 69 SLA 2005; am Sec. 2, 3 ch 96 SLA 2008; am Sec. 1 ch 70 SLA 2012)