Felony murder rule (Alaska)
Encyclopedia
In the state of Alaska
Alaska
Alaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait...

, the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...

 felony murder rule is codified in Alaska Statutes § 11.41.100(a). Alaska's law regarding felony murder is very specific, and unlike most felony murder rule laws, which make all felony crimes that cause murder that of the first degree, delegates some felony murders to second degree murder.

First degree murder

Alaska makes the following offenses equate to first degree murder if they result in death:
  • Sexual offenses and kidnapping
    Kidnapping
    In criminal law, kidnapping is the taking away or transportation of a person against that person's will, usually to hold the person in false imprisonment, a confinement without legal authority...

     of a child under 16
  • Criminal Mischief
    Mischief
    Mischief is a vexatious or annoying action, or, conduct or activity that playfully causes petty annoyance. Young children, when they hear of mischief, think of practical jokes....

     in the first degree
  • Terroristic Threatening in the first degree

Second degree murder

The following offenses equate to second degree murder if they result in death:
  • Arson
    Arson
    Arson is the crime of intentionally or maliciously setting fire to structures or wildland areas. It may be distinguished from other causes such as spontaneous combustion and natural wildfires...

     in the first degree
  • All other Kidnapping
    Kidnapping
    In criminal law, kidnapping is the taking away or transportation of a person against that person's will, usually to hold the person in false imprisonment, a confinement without legal authority...

  • Sexual Assault
    Sexual assault
    Sexual assault is an assault of a sexual nature on another person, or any sexual act committed without consent. Although sexual assaults most frequently are by a man on a woman, it may involve any combination of two or more men, women and children....

     in the first and second degrees
  • Burglary
    Burglary
    Burglary is a crime, the essence of which is illicit entry into a building for the purposes of committing an offense. Usually that offense will be theft, but most jurisdictions specify others which fall within the ambit of burglary...

     in the first degree
  • Escape
    Prison escape
    A prison escape or prison break is the act of an inmate leaving prison through unofficial or illegal ways. Normally, when this occurs, an effort is made on the part of authorities to recapture them and return them to their original detainers...

     in the first or second degrees
  • Robbery
    Robbery
    Robbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear....

  • Misconduct involving a controlled substance
    Controlled substance
    A controlled substance is generally a drug or chemical whose manufacture, possession, or use are regulated by a government. This may include illegal drugs and prescription medications ....

  • Acting to commit a felony with a street gang
  • Criminal negligence
    Criminal negligence
    In the criminal law, criminal negligence is one of the three general classes of mens rea element required to constitute a conventional as opposed to strict liability offense. It is defined as an act that is:-Concept:...

    involving a child under 16, if that person had been convicted before under certain specific crimes involving a child under 16


This is enumerated entirely at Alaska Statute Sec. 11.41.100(a)(2)-(5) (first degree murder) and 11.41.110(a)(3)-(5) (second degree murder).
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