Sec. 11.51.210. Endangering the welfare of a vulnerable adult in the second degree.
(a) A person commits the crime of endangering the welfare of a vulnerable adult in the second degree if the person fails without lawful excuse to provide support for the vulnerable adult and the vulnerable adult is in the person's care
(1) by contract or authority of law; or
(2) in a facility or program that is required by law to be licensed by the state.
(b) As used in this section, "support" includes necessary food, care, clothing, shelter, and medical attention. There is no failure to provide medical attention to a vulnerable adult if the vulnerable adult is provided treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination of which the vulnerable adult is a member or adherent, provided the vulnerable adult consents to the treatment through spiritual means only, and the treatment is administered by an accredited practitioner of the church or denomination.
(c) Endangering the welfare of a vulnerable adult in the second degree is a class A misdemeanor.
Sec. 11.51.220. Definition of vulnerable adult.
In AS 11.51.200 - 11.51.210, "vulnerable adult" has the meaning given in AS 47.24.900 .
[Repealed, Sec. 21 ch 166 SLA 1978. For current law, see AS 11.61.190 - 11.61.250].
Article 01. BRIBERY AND RELATED OFFENSES
Sec. 11.56.100. Bribery.
(a) A person commits the crime of bribery if the person confers, offers to confer, or agrees to confer a benefit upon a public servant with the intent to influence the public servant's vote, opinion, judgment, action, decision, or exercise of official discretion.
(b) In a prosecution under this section, it is not a defense that the person sought to be influenced was not qualified to act in the desired way, whether because that person had not assumed office, lacked jurisdiction, or for any other reason.
(c) Bribery is a class B felony.
Sec. 11.56.110. Receiving a bribe.
(a) A public servant commits the crime of receiving a bribe if the public servant
(1) solicits a benefit with the intent that the public servant's vote, opinion, judgment, action, decision, or exercise of discretion as a public servant will be influenced; or
(2) accepts or agrees to accept a benefit upon an agreement or understanding that the public servant's vote, opinion, judgment, action, decision, or exercise of discretion as a public servant will be influenced.
(b) Receiving a bribe is a class B felony.
Sec. 11.56.120. Receiving unlawful gratuities.
(a) A public servant commits the crime of receiving unlawful gratuities if, for having engaged in an official act which was required or authorized and for which the public servant was not entitled to any special or additional compensation, the public servant
(1) solicits a benefit, regardless of value; or
(2) accepts or agrees to accept a benefit having a value of $50 or more.
(b) Receiving unlawful gratuities is a class A misdemeanor.
Sec. 11.56.124. Failure to report bribery or receiving a bribe.
(a) A public servant commits the crime of failure to report bribery or receiving a bribe if the public servant
(1) witnesses what the public servant knows or reasonably should know is
(A) bribery of a public servant by another person; or
(B) receiving a bribe by another public servant; and
(2) does not as soon as reasonably practicable report that crime to a peace officer or a law enforcement agency.
(b) Failure to report bribery or receiving a bribe is a class A misdemeanor.
Sec. 11.56.130. Definition.
In AS 11.56.100 - 11.56.130, "benefit" has the meaning ascribed to it in AS 11.81.900 but does not include
(1) political campaign contributions reported in accordance with AS 15.13 unless the contribution is made or received in exchange for an agreement to alter an elected official's or candidate's vote or position on a matter the elected official has, or the candidate on election would have, the authority to take official action on; in this paragraph, "official action" means advice, participation, or assistance, including, for example, a recommendation, decision, approval, disapproval, vote, or other similar action, including inaction;
(2) concurrence in official action in the cause of legitimate compromise between public servants; or
(3) support, including a vote, solicited by a public servant or offered by any person in an election.
Article 02. PERJURY AND RELATED OFFENSES
Sec. 11.56.200. Perjury.
(a) A person commits the crime of perjury if the person makes a false sworn statement which the person does not believe to be true.
(b) In a prosecution under this section, it is not a defense that
(1) the statement was inadmissible under the rules of evidence; or
(2) the oath or affirmation was taken or administered in an irregular manner.
(c) Perjury is a class B felony.
Sec. 11.56.205. Unsworn falsification in the first degree.
(a) A person commits the crime of unsworn falsification in the first degree if the person violates AS 11.56.210
(a)(1) and the application is an application for a permanent fund dividend.
(b) In this section,
(1) "application for a permanent fund dividend" includes a written or electronic application and any other documentation submitted to support an application for a permanent fund dividend;
(2) "permanent fund dividend" has the meaning given in AS 43.23.095
.
(c) Unsworn falsification in the first degree is a class C felony.
Sec. 11.56.210. Unsworn falsification in the second degree.
(a) A person commits the crime of unsworn falsification in the second degree if, with the intent to mislead a public servant in the performance of a duty, the person submits a false written or recorded statement that the person does not believe to be true
(1) in an application for a benefit; or
(2) on a form bearing notice, authorized by law, that false statements made in it are punishable.
(b) Unsworn falsification in the second degree is a class A misdemeanor.
Sec. 11.56.220. Proof of guilt.
In a prosecution for perjury or unsworn falsification in the first or second degree, it is not necessary that proof be made by a particular number of witnesses or by documentary or other type of evidence.
Sec. 11.56.230. Perjury by inconsistent statements.
(a) A person commits the crime of perjury by inconsistent statements if
(1) in the course of one or more official proceedings the person makes two or more sworn statements which are irreconcilably inconsistent to the degree that one of them is necessarily false;
(2) the person does not believe one of the statements to be true at the time the statement is made; and
(3) each statement is made within the jurisdiction of this state and within the period of the statute of limitations for the crime charged.
(b) In a prosecution under this section, it is not necessary for the state to prove which statement was false but only that one or the other was false and not believed by the defendant to be true at the time the defendant made the statement. Proof of the irreconcilable inconsistency of the statements is prima facie evidence that one or the other of the statements was false.
(c) Perjury by inconsistent statements is a class C felony.
Sec. 11.56.235. Retraction as a defense.
(a) In a prosecution under AS 11.56.200
or 11.56.230, if the false statement was made in an official proceeding, it is an affirmative defense that the defendant expressly retracted the false statement
(1) during the course of the same official proceeding;
(2) before discovery of the falsification became known to the defendant;
(3) before reliance upon the false statement by the person for whom it was intended; and
(4) if the official proceeding involved a trier of fact, before the subject matter of the official proceeding was submitted to the ultimate trier of fact.
(b) In a prosecution under AS 11.56.200
, if the false statement was not made in an official proceeding, it is an affirmative defense that the defendant expressly retracted the false statement
(1) before discovery of the falsification became known to the defendant; and
(2) before reliance upon the false statement by the person for whom it was intended.
(c) In a prosecution under AS 11.56.210
, it is an affirmative defense that the defendant expressly retracted the false statement before reliance upon the false statement by the person for whom it was intended.
(d) As used in this section, "during the course of the same official proceeding" includes separate hearings at separate stages of the same official proceeding.
Sec. 11.56.240. Definitions.
In AS 11.56.200 - 11.56.240, unless the context requires otherwise,
(1) "statement" means a representation of fact and includes a representation of opinion, belief, or other state of mind when the representation clearly relates to state of mind apart from or in addition to any facts that are the subject of the representation;
(2) "sworn statement" means
(A) a statement knowingly given under oath or affirmation attesting to the truth of what is stated, including a notarized statement; or
(B) a statement knowingly given under penalty of perjury under AS 09.63.020.
Article 03. ESCAPE AND RELATED OFFENSES
Sec. 11.56.300. Escape in the first degree.
(a) One commits the crime of escape in the first degree if, without lawful authority, one removes oneself from official detention by means of a deadly weapon or a defensive weapon.
(b) Escape in the first degree is a class A felony.
