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- Alaska Statutes.
- Title 11. Criminal Law
- Chapter 56. Offenses Against Public Administration
- Section 235. Retraction as a Defense.
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Section 230. Perjury By Inconsistent Statements.
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Section 240. Definitions.
AS 11.56.235. Retraction as a Defense.
- (a) In a prosecution under AS 11.56.200
or 11.56.230, if the false statement was made in an
official proceeding, it is an affirmative defense that the defendant expressly retracted the false statement
- (1) during the course of the same official proceeding;
- (2) before discovery of the falsification became known to the defendant;
- (3) before reliance upon the false statement by the person for whom it was intended; and
- (4) if the official proceeding involved a trier of fact, before the subject matter of the official proceeding was
submitted to the ultimate trier of fact.
- (b) In a prosecution under AS 11.56.200
, if the false statement was not made in an official proceeding, it is an affirmative defense that the defendant
expressly retracted the false statement
- (1) before discovery of the falsification became known to the defendant; and
- (2) before reliance upon the false statement by the person for whom it was intended.
- (c) In a prosecution under AS 11.56.210
, it is an affirmative defense that the defendant expressly retracted the false statement before reliance upon the
false statement by the person for whom it was intended.
- (d) As used in this section, "during the course of the same official proceeding" includes separate hearings at separate
stages of the same official proceeding.
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