Alaska Criminal Code Revision — Tentative Draft, Part 4: Conspiracy; Criminal Mischief; Business and Commercial Offenses; Escape and Related Offenses; Offenses Relating to Judicial and Other Proceedings; Obstruction of Public Administration; Prostitution; Gambling

Abstract

As of 1975, Alaska’s criminal laws were based primarily on Oregon criminal statutes as they existed at the close of the nineteenth century, with new statutes added and old statutes amended over the succeeding 75 years by Alaska territorial and state legislatures in a piecemeal approach to revision. This resulted in a criminal code containing outdated statutes, obsolete terminology, a number of overly specific statutes, a haphazard approach to mens rea (the culpable mental state with which a defendant must perform an act in order to be convicted of a crime) and the lack of a coherent, rational sentencing structure. The Alaska Criminal Code Revision Commission was established in 1975 with the responsibility to present a comprehensive revision of Alaska’s criminal code for consideration by the Alaska State Legislature. (The Commission was reestablished in June 1976 as a Subcommission of the newly formed Code Commission.) Staff services for the Criminal Code Revision Commission and Criminal Code Revision Subcommission were provided by the Criminal Justice Center at University of Alaska, Anchorage (John Havelock, project executive director; Barry Jeffrey Stern, reporter/staff counsel; Sheila Gallagher, Reporter/Staff Counsel; and Peter Smith Ring, research director). The tentative draft proposed by the Criminal Code Revision Subcommission was substantially amended by the Alaska State Legislature prior to its approval as the Revised Alaska Criminal Code in June 1978 (effective January 1, 1980).The Alaska Criminal Code Revision Commission was established in 1975, and reestablished in June 1976 as a Subcommission of the newly formed Code Commission, with the responsibility to present a comprehensive revision of Alaska’s criminal code for consideration by the Alaska State Legislature. Tentative Draft, Part 4, is composed of nine articles of the Revised Criminal Code: attempt and related offenses (part 2); arson, criminal mischief, and related offenses (part 2); business and commercial offenses; escape and related offenses; offenses relating to judicial and other proceedings; obstruction of public administration; general provisions; prostitution and related offenses; and gambling offenses. Commentary following each article is designed to aid the reader in analyzing the effect of the draft Revised Code on existing law and also provides a section-by-section analysis of each provision of the draft Revised Code. Appendices include derivations of each provision of the Code and amendments to the gambling provisions of Title 5 of the Alaska Statutes.Alaska Criminal Code Revision SubcommissionIntroduction to Tentative Draft, Part 4 // TENTATIVE DRAFTS AND COMMENTARY / I. Attempt and Related Offenses / II. Criminal Mischief / III. Business and Commercial Offenses / IV. Escape and Related Offenses / V. Offenses Relating to Judicial and Other Proceedings / VI. Obstruction of Public Administration / VII. General Provisions / VIII. Prostitution and Related Offenses / IX. Gambling Offenses // APPENDICES / I. Derivations of Tentative Drafts / II. Amendments to Authorized Gambling Statutes in Title