Alaska Domestic Violence Overview

Alaska Statutes: Title 18: Health, Safety and Housing. Chapter 66. Domestic Violence & Sexual Assault.

Alaska defines "domestic violence" and "crimes involving domestic violence" as meaning one or more of the following offenses or an offense under a law or ordinance of another jurisdiction having elements similar to these offenses, or an attempt to commit the offense, by a household member against another household member:

• a crime against the person under AS 11.41 (assault, battery, stalking, kidnapping, etc.);
• burglary under AS 11.46.300 - 11.46.310;
• criminal trespass under AS 11.46.320 - 11.46.330;
• arson or criminally negligent burning under AS 11.46.400 - 11.46.430;
• criminal mischief under AS 11.46.475 - 11.46.486;
• terrorist threatening under AS 11.56.807 or 11.56.810;
• violating a protective order under AS 11.56.740 (a)(1); or
• harassment under AS 11.61.120 (a)(2) - (4);

"Household members" include:

• adults or minors who are current or former spouses;
• adults or minors who live together or who have lived together;
• adults or minors who are dating or who have dated;
• adults or minors who are engaged in or who have engaged in a sexual relationship;
• adults or minors who are related up to the fourth degree (by blood or adoption)
• adults or minors who are related or formerly related by marriage;
• persons who have a child of the relationship; and
• minor children of a person in a relationship

A conviction of domestic violence committed in the presence of a child may result in harsher penalties. Thus, when the presence of a child during domestic violence is considered to be "aggravating circumstances," sentencing guidelines mandate that such aggravating circumstances result in a harsher criminal penalty, such as a longer jail or prison term or an increased fine.

In Alaska, domestic violence committed in the physical presence or hearing of a child under 16 years of age, living within the residence of the victim or perpetrator, or where the violence occurred or placing a child at substantial risk of mental injury as a result of exposure to acts of violence by one household member on another household member is considered an aggravating factor for sentencing purposes. Citation: §§ 12.55.125; 47.10.011