Section 18.66.210. Exceptions.  


Latest version.
  • The privilege provided under AS 18.66.200 does not apply to
            (1) reports of suspected child abuse or neglect under AS 47.17;
            (2) evidence that the victim is about to commit a crime;
            (3) a proceeding that occurs after the victim's death;
            (4) a communication relevant to an issue of breach by the victim or victim counselor of a duty arising out of the victim-victim counselor relationship;
            (5) a communication that is determined to be admissible hearsay as an excited utterance under the Alaska Rules of Evidence;
            (6) a child-in-need-of-aid proceeding under AS 47.10;
            (7) a communication made during the victim-victim counselor relationship if the services of the counselor were sought, obtained, or used to enable anyone to commit or plan a crime or to escape detection or apprehension after the commission of a crime; or
            (8) a criminal proceeding concerning criminal charges against a victim of domestic violence or sexual assault where the victim is charged with a crime
                 (A) under AS 11.41 against a minor; or
                 (B) in which the physical, mental, or emotional condition of the victim is raised in defense of the victim.

Authorities

18.66.200

Notes


References

AS 18.66.200 Compulsory disclosure of communications prohibited.
History

(Sec. 3 ch 95 SLA 1992)