Alaska Statutes (Last Updated: January 11, 2017) |
Title 12. CODE OF CRIMINAL PROCEDURE. |
Chapter 12.61. RIGHTS OF VICTIMS; PROTECTION OF VICTIMS AND WITNESSES. |
Article 12.61.01. RIGHTS AND DUTIES. |
Section 12.61.020. Money received as the result of the commission of a crime.
Latest version.
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(a) Every person contracting with an offender with respect to the reenactment of the offender's crime by way of a movie, book, magazine article, radio or television presentation, or live entertainment of any kind, or to the expression of the offender's thoughts, feelings, opinions, or emotions regarding the crime, shall pay to the state any money that would otherwise be owing to the offender.
(b) A claim by a victim arising out of an order of restitution under AS 12.55.045, or a judgment in a civil action against an offender for damages resulting from a crime is a superior claim for money that would otherwise be paid to the state under (a) of this section.
(c) Notwithstanding other statutory limitations, a civil action by a victim against an offender for damages resulting from the commission of the crime must be commenced within 10 years of the date of the crime or the date of the discovery of the perpetrator of the crime if the perpetrator is unknown on the date of the commission of the crime.
(d) For the purposes of this section, if the offender has not been convicted, proof of the commission of a crime must be established by a preponderance of the evidence.
(e) In this section
(1) "offender" means a person who has committed a crime in this state, whether or not the person has been convicted of the crime, or that person's representative or assignee;
(2) [Repealed, Sec. 25 ch 59 SLA 1989].
Authorities
12.47.095;18.67.165
Notes
References
AS 12.47.095 Notice to victims.
AS 18.67.165 Distribution of money received as a result of the commission of crime. [Repealed, Sec. 11 ch 154 SLA 1984. For current law see
History
(Sec. 4 ch 154 SLA 1984; am Sec. 25 ch 59 SLA 1989; am Sec. 10, 11 ch 41 SLA 2009)
].