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- Alaska Statutes.
- Title 11. Criminal Law
- Chapter 41. Offenses Against the Person
- Section 445. General Provisions.
previous: Section 443
. Spousal Relationship No Defense. [Repealed, Sec. 61 Ch 50 SLA 1989. For Current Law, See AS 11.41.432
next: Section 450
AS 11.41.445. General Provisions.
- (a) In a prosecution under AS 11.41.434
- 11.41.440 it is an affirmative defense that, at
the time of the alleged offense, the victim was the legal spouse of the defendant unless the offense was committed
without the consent of the victim.
- (b) In a prosecution under AS 11.41.410
- 11.41.440, whenever a provision of law defining an
offense depends upon a victim's being under a certain age, it is an affirmative defense that, at the time of the
alleged offense, the defendant
- (1) reasonably believed the victim to be that age or older; and
- (2) undertook reasonable measures to verify that the victim was that age or older.
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