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- Alaska Statutes.
- Title 11. Criminal Law
- Chapter 51. Offenses Against the Family and Vulnerable Adults
- Section 120. Criminal Nonsupport.
previous: Section 110
. Endangering the Welfare of a Child in the Second Degree.
next: Section 121
. Aiding the Nonpayment of Child Support in the First Degree.
AS 11.51.120. Criminal Nonsupport.
- (a) A person commits the crime of criminal nonsupport if, being a person legally charged with the support of a child the
person knowingly fails, without lawful excuse, to provide support for the child.
- (b) As used in this section "support" includes necessary food, care, clothing, shelter, medical attention, and education.
There is no failure to provide medical attention to a child if the child is provided treatment solely by spiritual
means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by an
accredited practitioner of the church or denomination.
- (c) Except as provided in (d) of this section, criminal nonsupport is a class A misdemeanor.
- (d) Criminal nonsupport is a class C felony if the support the person failed to provide is monetary support required by a
court or administrative order from this or another jurisdiction and, at the time the person knowingly failed, without
lawful excuse, to provide the support,
- (1) the aggregate amount of accrued monetary child support arrearage is $20,000 or more;
- (2) no child support payment has been made for a period of 24 consecutive months or more; or
- (3) the person had been previously convicted under this section or a similar provision in another jurisdiction and
- (A) the aggregate amount of accrued monetary child support arrearage is $5,000 or more; or
- (B) no child support payment has been made for a period of six months or more.
- (e) In addition to the provisions of (c) and (d) of this section, criminal nonsupport is punishable by loss or restriction
of a recreational license as provided in AS 12.55.139
- (f) In this section,
- (1) "child" means a person
- (A) under 18 years of age; or
- (B) 18 years of age or older for whom a person is ordered to pay support under a valid court or administrative order;
- (2) "child support" means support for a child;
- (3) "without lawful excuse" means having the financial ability to provide support or having the capacity to acquire that
ability through the exercise of reasonable efforts.
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