Alaska Use of Force and Self-Defense Laws

Alaska Use of Force Laws

Alaska has comprehensive use of force laws codified in Alaska Statutes Title 11, Chapter 81. Alaska is a "Stand Your Ground" state — since September 18, 2013, a person has no duty to retreat from any place where they have a right to be before using deadly force in self-defense.

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Use of Nondeadly Force in Defense of Self (AS 11.81.330)

A person is justified in using nondeadly force upon another when and to the extent the person reasonably believes it is necessary for self-defense against what the person reasonably believes to be the use of unlawful force by the other person.

Exceptions — Nondeadly Force is NOT Justified If:

1. The person used force in mutual combat not authorized by law;
2. The person claiming self-defense provoked the other's conduct with intent to cause physical injury;
3. The person claiming self-defense was the initial aggressor; or
4. The force used was the result of using a deadly weapon or dangerous instrument the person possessed while:
   • (A) Acting alone or with others to further a felony criminal objective;
   • (B) A participant in a felony transaction or purported transaction, or in immediate flight from such a transaction, or in violation of AS 11.71; or
   • (C) Acting alone or with others in revenge for, retaliation for, or response to actual or perceived conduct by a rival or perceived rival, or a member or perceived member of a rival group, if the person or group has a history or reputation for violence among civilians.

Regaining the Right to Self-Defense After Disqualification:

A person who is not justified in using force under the exceptions listed above may regain the right to use nondeadly force in self-defense if the person has withdrawn from the encounter and effectively communicated the withdrawal to the other person, but the other person persists in continuing the incident by the use of unlawful force.

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Use of Deadly Force in Defense of Self (AS 11.81.335)

A person who is justified in using nondeadly force under AS 11.81.330 may use deadly force in self-defense upon another person when and to the extent the person reasonably believes the use of deadly force is necessary for self-defense against:

1. Death;
2. Serious physical injury;
3. Kidnapping (except custodial interference in the first degree under AS 11.41.320);
4. Sexual assault in the first degree;
5. Sexual assault in the second degree;
6. Sexual abuse of a minor in the first degree; or
7. Robbery in any degree.

Duty to Retreat (AS 11.81.335(b))

A person may not use deadly force if the person knows that, with complete personal safety and with complete safety as to others being defended, the person can avoid the necessity of using deadly force by leaving the area of the encounter.

However, there is NO duty to retreat if the person is:

1. On premises:
   • (A) That the person owns or leases;
   • (B) Where the person resides, temporarily or permanently; or
   • (C) As a guest or express or implied agent of the owner, lessor, or resident;
2. A peace officer acting within the scope and authority of the officer's employment, or a person assisting a peace officer under AS 11.81.380;
3. In a building where the person works in the ordinary course of employment;
4. Protecting a child or a member of the person's household; or
5. In any other place where the person has a right to be (Stand Your Ground provision, effective September 18, 2013).

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Use of Force in Defense of a Third Person (AS 11.81.340)

A person is justified in using force upon another when and to the extent the person reasonably believes it is necessary to defend a third person when, under the circumstances as the person claiming defense of another reasonably believes them to be, the third person would be justified under AS 11.81.330 or AS 11.81.335 in using that degree of force for self-defense.

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Use of Force in Defense of Property and Premises (AS 11.81.350)

Nondeadly Force — Property and Services (AS 11.81.350(a))

A person may use nondeadly force upon another when and to the extent the person reasonably believes it is necessary to terminate what the person reasonably believes to be the commission or attempted commission by the other of an unlawful taking or damaging of property or services.

Deadly Force — Arson (AS 11.81.350(b))

A person may use deadly force upon another when and to the extent the person reasonably believes it necessary to terminate what the person reasonably believes to be the commission or attempted commission of arson upon a dwelling or occupied building.

Force in Defense of Premises (AS 11.81.350(c))

A person in possession or control of any premises, or a guest or an express or implied agent of that person, may use:

1. Nondeadly force when and to the extent the person reasonably believes it is necessary to terminate what the person reasonably believes to be the commission or attempted commission of criminal trespass in any degree upon the premises;
2. Deadly force when and to the extent the person reasonably believes it is necessary to terminate what the person reasonably believes to be a burglary in any degree occurring in an occupied dwelling or building.

Deadly Force — Vehicle Defense (AS 11.81.350(e))

1. A person in a vehicle, or forcibly removed from a vehicle, may use deadly force when and to the extent the person reasonably believes it is necessary to terminate what the person reasonably believes to be a carjacking of that vehicle at or about the time the vehicle is carjacked;
2. A person outside of a vehicle may use deadly force when and to the extent the person reasonably believes it is necessary to terminate what the person reasonably believes to be the theft of that vehicle when another person (other than the perceived offender) is inside the vehicle. This does not apply to disputes between household members.

"Carjacking" means a robbery involving the taking or attempted taking of a vehicle from a person in possession of the vehicle. (AS 11.81.350(g)(1))

"Vehicle" means a "motor vehicle" as defined in AS 28.90.990, an aircraft, or a watercraft. (AS 11.81.350(g)(2))

No Duty to Retreat — Property Defense (AS 11.81.350(f))

A person justified in using force under AS 11.81.350 does not have a duty to leave or attempt to leave the area of the encounter before using force.

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Key Definitions (AS 11.81.900(b))

• "Deadly force" — Force that the person uses with the intent of causing, or uses under circumstances that the person knows create a substantial risk of causing, death or serious physical injury. Includes intentionally discharging or pointing a firearm in the direction of another person or in the direction in which another person is believed to be, and intentionally placing another person in fear of imminent serious physical injury by means of a dangerous instrument.
• "Nondeadly force" — Force other than deadly force.
• "Force" — Any bodily impact, restraint, or confinement or the threat of imminent bodily impact, restraint, or confinement; includes deadly and nondeadly force.
• "Physical injury" — A physical pain or an impairment of physical condition.
• "Firearm" — A weapon, including a pistol, revolver, rifle, or shotgun, whether loaded or unloaded, operable or inoperable, designed for discharging a shot capable of causing death or serious physical injury.
• "Premises" — Real property and any building.
• "Dwelling" — A building that is designed for use or is used as a person's permanent or temporary home or place of lodging.
• "Dangerous instrument" — Any deadly weapon or anything that, under the circumstances in which it is used, attempted to be used, or threatened to be used, is capable of causing death or serious physical injury; also includes hands, other body parts, or other objects when used to impede normal breathing or circulation of blood.

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Reasonable Belief Standard

The reasonableness of a defendant's beliefs must be evaluated based on the circumstances of the situation, including:

• Any relevant knowledge the defendant had about the other person;
• Physical attributes of all persons involved (including the defendant);
• Any prior experiences that could provide a reasonable basis for the defendant's beliefs.

A defendant's belief may be reasonable even when, in hindsight, the belief turns out to have been mistaken (Bachmeier v. State, 276 P.3d 494, 498 (Alaska App. 2012)).

Note: A defendant's distorted perceptions due to voluntary intoxication or mental illness may not be a factor in evaluating the reasonableness of the defendant's beliefs (Ha v. State, 892 P.2d 184, 195-96 (Alaska App. 1995)).

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Burden of Proof

Self-defense and defense of property/premises are classified as "defenses" (not affirmative defenses) under Alaska law (AS 11.81.900(b)(20)). This means:

• The defendant must present "some evidence" placing the defense in issue;
• Once raised, the State bears the burden of disproving the defense beyond a reasonable doubt.

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Use of Force by Private Persons in Making Arrests (AS 11.81.390)

A private person may use nondeadly force to make an arrest or terminate an escape of a person who the private person reasonably believes has committed a misdemeanor in the private person's presence or a felony, when and to the extent reasonably necessary.

A private person may use deadly force only when reasonably necessary to arrest or terminate the escape of another who the private person reasonably believes:

1. Has committed or attempted to commit a felony involving the use of force against a person; or
2. Has escaped or is attempting to escape from custody while in possession of a firearm.

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Use of Force in Resisting Arrest (AS 11.81.400)

A person may not use force to resist personal arrest or interfere with the arrest of another by a peace officer who is known or reasonably appears to be a peace officer, whether the arrest is lawful or unlawful, unless the force used by the peace officer exceeds that allowed under AS 11.81.370.