Section 12.47.130. Definitions.

In this chapter,
        (1) "affirmative defense" has the meaning given in AS 11.81.900(b);
        (2) "assist in the defendant's own defense" means to consult with a lawyer while exercising a reasonable degree of rational functioning;
        (3) "culpable mental state" has the meaning given in AS 11.81.900(b);
        (4) "incompetent" means a defendant is unable to understand the proceedings against the defendant or to assist in the defendant's own defense;
        (5) "mental disease or defect" means a disorder of thought or mood that substantially impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life; "mental disease or defect" also includes intellectual and developmental disabilities that result in significantly below average general intellectual functioning that impairs a person's ability to adapt to or cope with the ordinary demands of life;
        (6) "understand the proceedings against the defendant" means that the defendant's elementary mental process is such that the defendant has a reasonably rational comprehension of the proceedings.

Authorities

12.55.155

Notes

References

AS 12.55.155 Factors in aggravation and mitigation.

History

(Sec. 22 ch 143 SLA 1982; am Sec. 3 ch 62 SLA 1996; am Sec. 2 ch 42 SLA 2013)