Section 12.55.125. Sentences of imprisonment for felonies.

   (a) A defendant convicted of murder in the first degree or murder of an unborn child under AS 11.41.150(a)(1) shall be sentenced to a definite term of imprisonment of at least 30 years but not more than 99 years. A defendant convicted of murder in the first degree shall be sentenced to a mandatory term of imprisonment of 99 years when
        (1) the defendant is convicted of the murder of a uniformed or otherwise clearly identified peace officer, firefighter, or correctional employee who was engaged in the performance of official duties at the time of the murder;
        (2) the defendant has been previously convicted of
             (A) murder in the first degree under AS 11.41.100 or former AS 11.15.010 or 11.15.020;
             (B) murder in the second degree under AS 11.41.110 or former AS 11.15.030; or
             (C) homicide under the laws of another jurisdiction when the offense of which the defendant was convicted contains elements similar to first degree murder under AS 11.41.100 or second degree murder under AS 11.41.110;
        (3) the defendant subjected the murder victim to substantial physical torture;
        (4) the defendant is convicted of the murder of and personally caused the death of a person, other than a participant, during a robbery; or
        (5) the defendant is a peace officer who used the officer's authority as a peace officer to facilitate the murder.
   (b) A defendant convicted of attempted murder in the first degree, solicitation to commit murder in the first degree, conspiracy to commit murder in the first degree, kidnapping, or misconduct involving a controlled substance in the first degree shall be sentenced to a definite term of imprisonment of at least five years but not more than 99 years. A defendant convicted of murder in the second degree or murder of an unborn child under AS 11.41.150(a)(2) - (4) shall be sentenced to a definite term of imprisonment of at least 15 years but not more than 99 years. A defendant convicted of murder in the second degree shall be sentenced to a definite term of imprisonment of at least 20 years but not more than 99 years when the defendant is convicted of the murder of a child under 16 years of age and the court finds by clear and convincing evidence that the defendant (1) was a natural parent, a stepparent, an adoptive parent, a legal guardian, or a person occupying a position of authority in relation to the child; or (2) caused the death of the child by committing a crime against a person under AS 11.41.200 - 11.41.530. In this subsection, "legal guardian" and "position of authority" have the meanings given in AS 11.41.470.
   (c) Except as provided in (i) of this section, a defendant convicted of a class A felony may be sentenced to a definite term of imprisonment of not more than 20 years, and shall be sentenced to a definite term within the following presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175:
        (1) if the offense is a first felony conviction and does not involve circumstances described in (2) of this subsection, three to six years;
        (2)  if the offense is a first felony conviction and the defendant possessed a firearm, used a dangerous instrument, or caused serious physical injury or death during the commission of the offense, or knowingly directed the conduct constituting the offense at a uniformed or otherwise clearly identified peace officer, firefighter, correctional employee, emergency medical technician, paramedic, ambulance attendant, or other emergency responder who was engaged in the performance of official duties at the time of the offense, five to nine years; 
        (3) if the offense is a second felony conviction, eight to 12 years;
        (4) if the offense is a third felony conviction and the defendant is not subject to sentencing under (l) of this section, 13 to 20 years.
   (d) Except as provided in (i) of this section, a defendant convicted of a class B felony may be sentenced to a definite term of imprisonment of not more than 10 years, and shall be sentenced to a definite term within the following presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175:
        (1) if the offense is a first felony conviction and does not involve circumstances described in (2) of this subsection, zero to two years; a defendant sentenced under this paragraph may, if the court finds it appropriate, be granted a suspended imposition of sentence under AS 12.55.085;
        (2) if the offense is a first felony conviction, the defendant violated AS 11.41.130, and the victim was 
             (A) a child under 16 years of age, two to four years; or 
             (B) was 16 years of age or older, one to three years; 
        (3) if the offense is a second felony conviction, two to five years;
        (4) if the offense is a third felony conviction, four to 10 years.
   (e) Except as provided in (i) of this section, a defendant convicted of a class C felony may be sentenced to a definite term of imprisonment of not more than five years, and shall be sentenced to a definite term within the following presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175:
        (1) if the offense is a first felony conviction and does not involve circumstances described in (4) of this subsection, probation, with a suspended term of imprisonment of zero to 18 months; a defendant sentenced under this paragraph may, if the court finds it appropriate, be granted a suspended imposition of sentence under AS 12.55.085;
        (2) if the offense is a second felony conviction, one to three years;
        (3) if the offense is a third felony conviction, two to five years;
        (4) if the offense is a first felony conviction, and the defendant violated
             (A) AS 08.54.720(a)(15), one to two years;
             (B) AS 28.35.030(n)(1)(A) or 28.35.032(p)(1)(A), 120 days to 239 days;
             (C) AS 28.35.030(n)(1)(B) or 28.35.032(p)(1)(B), 240 days to 359 days;
             (D) AS 28.35.030(n)(1)(C) or 23.35.032(p)(1)(C), 360 days to two years.
   (f) If a defendant is sentenced under (a) or (b) of this section,
        (1) imprisonment for the prescribed minimum or mandatory term may not be suspended under AS 12.55.080;
        (2) imposition of sentence may not be suspended under AS 12.55.085;
        (3) imprisonment for the prescribed minimum or mandatory term may not be reduced, except as provided in (j) of this section.
   (g) If a defendant is sentenced under (c), (d), (e), or (i) of this section, except to the extent permitted under AS 12.55.155 - 12.55.175,
        (1) imprisonment may not be suspended under AS 12.55.080 below the low end of the presumptive range;
        (2) and except as provided in (d)(1) or (e)(1) of this section, imposition of sentence may not be suspended under AS 12.55.085;
        (3) terms of imprisonment may not be otherwise reduced.
   (h) Nothing in this section or AS 12.55.135 limits the discretion of the sentencing judge except as specifically provided. Nothing in (a) of this section limits the court's discretion to impose a sentence of 99 years imprisonment, or to limit parole eligibility, for a person convicted of murder in the first or second degree in circumstances other than those enumerated in (a).
   (i) A defendant convicted of
        (1) sexual assault in the first degree, sexual abuse of a minor in the first degree, or sex trafficking in the first degree under AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more than 99 years and shall be sentenced to a definite term within the following presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175:
             (A) if the offense is a first felony conviction, the offense does not involve circumstances described in (B) of this paragraph, and the victim was
                  (i) less than 13 years of age, 25 to 35 years;
                  (ii) 13 years of age or older, 20 to 30 years;
             (B) if the offense is a first felony conviction and the defendant possessed a firearm, used a dangerous instrument, or caused serious physical injury during the commission of the offense, 25 to 35 years;
             (C) if the offense is a second felony conviction and does not involve circumstances described in (D) of this paragraph, 30 to 40 years;
             (D) if the offense is a second felony conviction and the defendant has a prior conviction for a sexual felony, 35 to 45 years;
             (E) if the offense is a third felony conviction and the defendant is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 to 60 years;
             (F) if the offense is a third felony conviction, the defendant is not subject to sentencing under (l) of this section, and the defendant has two prior convictions for sexual felonies, 99 years;
        (2) unlawful exploitation of a minor under AS 11.41.455(c)(2), online enticement of a minor under AS 11.41.452(e), or attempt, conspiracy, or solicitation to commit sexual assault in the first degree, sexual abuse of a minor in the first degree, or sex trafficking in the first degree under AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more than 99 years and shall be sentenced to a definite term within the following presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175:
             (A) if the offense is a first felony conviction, the offense does not involve circumstances described in (B) of this paragraph, and the victim was
                  (i) under 13 years of age, 20 to 30 years;
                  (ii) 13 years of age or older, 15 to 30 years;
             (B) if the offense is a first felony conviction and the defendant possessed a firearm, used a dangerous instrument, or caused serious physical injury during the commission of the offense, 25 to 35 years;
             (C) if the offense is a second felony conviction and does not involve circumstances described in (D) of this paragraph, 25 to 35 years;
             (D) if the offense is a second felony conviction and the defendant has a prior conviction for a sexual felony, 30 to 40 years;
             (E) if the offense is a third felony conviction, the offense does not involve circumstances described in (F) of this paragraph, and the defendant is not subject to sentencing under (l) of this section, 35 to 50 years;
             (F) if the offense is a third felony conviction, the defendant is not subject to sentencing under (l) of this section, and the defendant has two prior convictions for sexual felonies, 99 years;
        (3) sexual assault in the second degree, sexual abuse of a minor in the second degree, online enticement of a minor under AS 11.41.452(d), unlawful exploitation of a minor under AS 11.41.455(c)(1), or distribution of child pornography under AS 11.61.125(e)(2) may be sentenced to a definite term of imprisonment of not more than 99 years and shall be sentenced to a definite term within the following presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175:
             (A) if the offense is a first felony conviction, five to 15 years;
             (B) if the offense is a second felony conviction and does not involve circumstances described in (C) of this paragraph, 10 to 25 years;
             (C) if the offense is a second felony conviction and the defendant has a prior conviction for a sexual felony, 15 to 30 years;
             (D) if the offense is a third felony conviction and does not involve circumstances described in (E) of this paragraph, 20 to 35 years;
             (E) if the offense is a third felony conviction and the defendant has two prior convictions for sexual felonies, 99 years;
        (4) sexual assault in the third degree, incest, indecent exposure in the first degree, possession of child pornography, distribution of child pornography under AS 11.61.125(e)(1), or attempt, conspiracy, or solicitation to commit sexual assault in the second degree, sexual abuse of a minor in the second degree, unlawful exploitation of a minor, or distribution of child pornography, may be sentenced to a definite term of imprisonment of not more than 99 years and shall be sentenced to a definite term within the following presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175:
             (A) if the offense is a first felony conviction, two to 12 years;
             (B) if the offense is a second felony conviction and does not involve circumstances described in (C) of this paragraph, eight to 15 years;
             (C) if the offense is a second felony conviction and the defendant has a prior conviction for a sexual felony, 12 to 20 years;
             (D) if the offense is a third felony conviction and does not involve circumstances described in (E) of this paragraph, 15 to 25 years;
             (E) if the offense is a third felony conviction and the defendant has two prior convictions for sexual felonies, 99 years.
   (j) A defendant sentenced to a (1) mandatory term of imprisonment of 99 years under (a) of this section may apply once for a modification or reduction of sentence under the Alaska Rules of Criminal Procedure after serving one-half of the mandatory term without consideration of good time earned under AS 33.20.010, or (2) definite term of imprisonment under (l) of this section may apply once for a modification or reduction of sentence under the Alaska Rules of Criminal Procedure after serving one-half of the definite term. A defendant may not file and a court may not entertain more than one motion for modification or reduction of a sentence subject to this subsection, regardless of whether or not the court granted or denied a previous motion.
   (k)  [Repealed, Sec. 32 ch 2 SLA 2005].  
   (l) Notwithstanding any other provision of law, a defendant convicted of an unclassified or class A felony offense, and not subject to a mandatory 99-year sentence under (a) of this section, shall be sentenced to a definite term of imprisonment of 99 years when the defendant has been previously convicted of two or more most serious felonies. If a defendant is sentenced to a definite term under this subsection,
        (1) imprisonment for the prescribed definite term may not be suspended under AS 12.55.080;
        (2) imposition of sentence may not be suspended under AS 12.55.085;
        (3) imprisonment for the prescribed definite term may not be reduced, except as provided in (j) of this section.
   (m) Notwithstanding (a)(4) and (f) of this section, if a court finds that imposition of a mandatory term of imprisonment of 99 years on a defendant subject to sentencing under (a)(4) of this section would be manifestly unjust, the court may sentence the defendant to a definite term of imprisonment otherwise permissible under (a) of this section.
   (n) In imposing a sentence within a presumptive range under (c), (d), (e), or (i) of this section, the total term, made up of the active term of imprisonment plus any suspended term of imprisonment, must fall within the presumptive range, and the active term of imprisonment may not fall below the lower end of the presumptive range.
   (o)  [Repealed, sec. 179, ch. 36, SLA 2016].  
   (p) If the state seeks either (1) the imposition of a sentence under (a) of this section that would preclude the defendant from being awarded a good time deduction under AS 33.20.010(a) based on a fact other than a prior conviction; or (2) to establish a fact that would increase the presumptive sentencing range under (c)(2), (d)(2), (e)(4), (i)(1)(A) or (B), or (i)(2)(A) or (B) of this section, the factual question required to be decided shall be presented to a trial jury and proven beyond a reasonable doubt under procedures set by the court, unless the defendant waives trial by jury and either stipulates to the existence of the fact or consents to have the fact proven to the court sitting without a jury. Written notice of the intent to establish a fact under this subsection must be served on the defendant and filed with the court as provided for notice under AS 12.55.155(f)(2).

Authorities

12.55.015;12.55.050;12.55.120;12.55.127;12.55.145;12.55.155;12.55.165;12.55.175;33.16.090;33.20.010;33.30.101;33.30.161

Notes

Recent Bills that will modify this

SB 91 OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS

Implemented As

22 AAC 20.005
22 AAC 20.025
22 AAC 20.030
22 AAC 20.035
22 AAC 20.060
22 AAC 20.085

References

22 AAC 20.025
22 AAC 20.030
22 AAC 20.035
22 AAC 20.040
22 AAC 20.050
AS 12.55.015 Authorized sentences; forfeiture.
AS 12.55.050 Increased punishment for persons convicted of more than one felony. [Repealed, Sec. 21 ch 166 SLA 1978. For sentences of
AS 12.55.120 Appeal of sentence.
AS 12.55.127 Consecutive and concurrent terms of imprisonment.
AS 12.55.145 Prior convictions.
AS 12.55.155 Factors in aggravation and mitigation.
AS 12.55.165 Extraordinary circumstances.
AS 12.55.175 Three-judge sentencing panel.
AS 33.16.090 Eligibility for discretionary parole and minimum terms to be served.
AS 33.20.010 Computation of good time.
AS 33.30.101 Furloughs.
AS 33.30.161 Eligibility to serve time in a correctional restitution center.

History

(Sec. 12 ch 166 SLA 1978; am Sec. 18 ch 45 SLA 1982; am Sec. 28 - 30 ch 143 SLA 1982; am Sec. 8 ch 78 SLA 1983; am Sec. 1 - 3 ch 92 SLA 1983; am Sec. 5 ch 59 SLA 1988; am Sec. 4 ch 37 SLA 1989; am Sec. 23 - 25 ch 79 SLA 1992; am Sec. 5 ch 3 SLA 1994; am Sec. 1, 2, 6 ch 6 SLA 1996; am Sec. 3 - 7 ch 7 SLA 1996; am Sec. 8 ch 30 SLA 1996; am Sec. 4 ch 33 SLA 1996; am Sec. 9 - 11 ch 54 SLA 1999; am Sec. 1 ch 65 SLA 1999; am Sec. 1, 2 ch 49 SLA 2000; am Sec. 4 ch 60 SLA 2002; am Sec. 1 - 5 ch 90 SLA 2003; am Sec. 5 ch 99 SLA 2004; am Sec. 8 - 13, 32 ch 2 SLA 2005; am Sec. 4 - 7 ch 14 SLA 2006; am Sec. 14, 15 ch 53 SLA 2006; am Sec. 8, 9 ch 73 SLA 2006; am Sec. 2 ch 8 SLA 2007; am Sec. 23 ch 24 SLA 2007; am Sec. 9 ch 41 SLA 2009; am Sec. 18 ch 20 SLA 2011; am Sec. 11, 12 ch 70 SLA 2012; am Sec. 20 ch 1 TSSLA 2012; am Sec. 86 - 90, 179 ch 36 SLA 2016)

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