Section 11.41.432. Defenses.

   (a) It is a defense to a crime charged under AS 11.41.410(a)(3), 11.41.420(a)(2), 11.41.420(a)(3), 11.41.425, or 11.41.427 that the offender is
        (1) mentally incapable; or
        (2) married to the person and neither party has filed with the court for a separation, divorce, or dissolution of the marriage.
   (b) Except as provided in (a) of this section, in a prosecution under AS 11.41.410 or 11.41.420, it is not a defense that the victim was, at the time of the alleged offense, the legal spouse of the defendant.
   (c) It is an affirmative defense to a crime charged under AS 11.41.425(a)(5) or 11.41.427(a)(4) that the offender and the person on probation or parole had, before the person was placed on probation or parole, a dating relationship or a sexual relationship, and the relationship continued until the date of the alleged offense.

Authorities

11.41.443

Notes

References

AS 11.41.443 Spousal relationship no defense. [Repealed, Sec. 61 ch 50 SLA

History

(Sec. 4 ch 96 SLA 1988; am Sec. 27 ch 50 SLA 1989; am Sec. 7, 8 ch 43 SLA 2013)

].