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- Alaska Statutes.
- Title 12. Code of Criminal Procedure
- Chapter 55. Sentencing and Probation
- Section 127. Consecutive and Concurrent Terms of Imprisonment.
previous: Section 125. Sentences of Imprisonment For Felonies.
next: Section 135. Sentences of Imprisonment For Misdemeanors.
AS 12.55.127. Consecutive and Concurrent Terms of Imprisonment.
- (a) If a defendant is required to serve a term of imprisonment under a separate judgment, a term of imprisonment imposed
in a later judgment, amended judgment, or probation revocation shall be consecutive.
- (b) Except as provided in (c) of this section, if a defendant is being sentenced for two or more crimes in a single
judgment, terms of imprisonment may be concurrent or partially concurrent.
- (c) If the defendant is being sentenced for
- (1) escape, the term of imprisonment shall be consecutive to the term for the underlying crime;
- (2) two or more crimes under AS 11.41, a consecutive term of
imprisonment shall be imposed for at least
- (A) the mandatory minimum term under AS 12.55.125
(a) for each additional crime that is murder in the first degree;
- (B) the mandatory minimum term for each additional crime that is an unclassified felony governed by AS 12.55.125
(b);
- (C) the presumptive term specified in AS 12.55.125
(c) or the active term of imprisonment, whichever is less, for each additional crime that is
- (i) manslaughter; or
- (ii) kidnapping that is a class A felony;
- (D) two years or the active term of imprisonment, whichever is less, for each additional crime that is criminally
negligent homicide;
- (E) one-fourth of the presumptive term under AS 12.55.125
(c) or (i) for each additional crime that is sexual assault in the first degree under AS 11.41.410
or sexual abuse of a minor in the first degree under AS 11.41.434
, or an attempt, solicitation, or conspiracy to commit those offenses; and
- (F) some additional term of imprisonment for each additional crime, or each additional attempt or solicitation to commit
the offense, under AS 11.41.200
- 11.41.250, 11.41.420 - 11.41.432, 11.41.436 - 11.41.458, or 11.41.500 - 11.41.520.
- (d) In this section,
- (1) "active term of imprisonment" means the total term of imprisonment imposed for a crime, minus suspended imprisonment;
- (2) "additional crime" means a crime that is not the primary crime;
- (3) "primary crime" means the crime
- (A) for which the sentencing court imposes the longest active term of imprisonment; or
- (B) that is designated by the sentencing court as the primary crime when no single crime has the longest active term of
imprisonment.
Note to HTML Version:
This version of the Alaska Statutes is current through December, 2004. The Alaska Statutes were automatically converted to HTML from a plain text format. Every effort
has been made to ensure their accuracy, but this can not be guaranteed. If it is critical that the precise terms of the Alaska Statutes be known, it is recommended that more formal sources be consulted. For statutes adopted after the effective date of these statutes, see, Alaska State Legislature
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Last modified 9/3/2005