Section 12.55.127. Consecutive and concurrent terms of imprisonment.

   (a) If a defendant is required to serve a term of imprisonment under a separate judgment, a term of imprisonment imposed in a later judgment, amended judgment, or probation revocation shall be consecutive.
   (b) Except as provided in (c) of this section, if a defendant is being sentenced for two or more crimes in a single judgment, terms of imprisonment may be concurrent or partially concurrent.
   (c) If the defendant is being sentenced for
        (1) escape, the term of imprisonment shall be consecutive to the term for the underlying crime;
        (2) two or more crimes under AS 11.41, a consecutive term of imprisonment shall be imposed for at least
             (A) the mandatory minimum term under AS 12.55.125(a) for each additional crime that is murder in the first degree;
             (B) the mandatory minimum term for each additional crime that is an unclassified felony governed by AS 12.55.125(b);
             (C) the presumptive term specified in AS 12.55.125(c) or the active term of imprisonment, whichever is less, for each additional crime that is
                  (i) manslaughter; or
                  (ii) kidnapping that is a class A felony;
             (D) two years or the active term of imprisonment, whichever is less, for each additional crime that is criminally negligent homicide;
             (E) one-fourth of the presumptive term under AS 12.55.125(c) or (i) for each additional crime that is sexual assault in the first degree under AS 11.41.410 or sexual abuse of a minor in the first degree under AS 11.41.434, or an attempt, solicitation, or conspiracy to commit those offenses; and
             (F) some additional term of imprisonment for each additional crime, or each additional attempt or solicitation to commit the offense, under AS 11.41.200 - 11.41.250, 11.41.420 - 11.41.432, 11.41.436 - 11.41.458, or 11.41.500 - 11.41.520.
   (d) If the defendant is being sentenced for two or more crimes of distribution of child pornography under AS 11.61.125, possession of child pornography under AS 11.61.127, or distribution of indecent material to minors under AS 11.61.128, a consecutive term of imprisonment shall be imposed for some additional term of imprisonment for each additional crime or each additional attempt or solicitation to commit the offense.
   (e) In this section,
        (1) "active term of imprisonment" means the total term of imprisonment imposed for a crime, minus suspended imprisonment;
        (2) "additional crime" means a crime that is not the primary crime;
        (3) "presumptive term" means the middle of the applicable presumptive range set out in AS 12.55.125;
        (4) "primary crime" means the crime
             (A) for which the sentencing court imposes the longest active term of imprisonment; or
             (B) that is designated by the sentencing court as the primary crime when no single crime has the longest active term of imprisonment.

Authorities

12.55.120;12.55.185;33.16.090

Notes

References

AS 12.55.120 Appeal of sentence.
AS 12.55.185 Definitions.
AS 33.16.090 Eligibility for discretionary parole and minimum terms to be served.

History

(Sec. 3 ch 125 SLA 2004; am Sec. 14 ch 2 SLA 2005; am Sec. 21 ch 43 SLA 2013)