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- Alaska Statutes.
- Title 9. Code of Civil Procedure
- Chapter 65. Actions, Immunities, Defenses, and Duties
- Section 210. Damages Resulting From Commission of a Felony or While Under the Influence of Alcohol or Drugs.
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Section 205. Civil Liability For Controlled Substances Offense.
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Section 215. Immunity of Peace Officer For Use of Body Wire Eavesdropping Device.
AS 09.65.210. Damages Resulting From Commission of a Felony or While Under the Influence of Alcohol or Drugs.
A person who suffers personal injury or death or the person's personal representative under AS 09.55.570
or 09.55.580 may not recover damages for the personal
injury or death if the injury or death occurred while the person was
- (1) engaged in the commission of a felony, the person has been convicted of the felony, including conviction based on a
guilty plea or plea of nolo contendere, and the party defending against the claim proves by clear and convincing
evidence that the felony substantially contributed to the personal injury or death;
- (2) engaged in conduct that would constitute the commission of an unclassified felony, a class A felony, or a class B
felony for which the person was not convicted and the party defending against the claim proves by clear and convincing
evidence
- (A) the felonious conduct; and
- (B) that the felonious conduct substantially contributed to the personal injury or death;
- (3) fleeing after the commission, by that person, of conduct that would constitute an unclassified felony, a class A
felony, or a class B felony or being apprehended for conduct that would constitute an unclassified felony, a class A
felony, or a class B felony if the party defending against the claim proves by clear and convincing evidence
- (A) the felonious conduct; and
- (B) that the conduct during the flight or apprehension substantially contributed to the injury or death;
- (4) operating a vehicle, aircraft, or watercraft while under the influence of intoxicating liquor or any controlled
substance in violation of AS 28.35.030
, was convicted, including conviction based on a guilty plea or plea of nolo contendere, and the party defending
against the claim proves by clear and convincing evidence that the conduct substantially contributed to the personal
injury or death; or
- (5) engaged in conduct that would constitute a violation of AS 28.35.030 for which the person was not convicted if the
party defending against the claim proves by clear and convincing evidence
- (A) the violation of AS 28.35.030
; and
- (B) that the conduct substantially contributed to the personal injury or death.
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