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Homicide in Alaska law is divided into first-degree murder, second-degree murder, manslaughter, and criminally negligent homicide.

History

Under Alaska's first law code, the Carter Code, the punishment for first-degree murder was a death sentence, but the jury could choose to give the defendant a life sentence instead. First-degree murder included not only deliberately killing another, but also all killings conducted in the course of certain felonies. Also, killing by poisoning or blocking a railroad were automatically considered first-degree murders. Second-degree murder included all malicious killings not included within the remit of first-degree murder, and carried a minimum penalty of fifteen years' imprisonment. Manslaughter was all killing not justifiable or excusable^[1], and not punishable as first- or second-degree murder. It was punished by a term lasting between 1 and 20 years. ^[2] Once again, manslaughter was expressly defined to include malpractice by a physician resulting in death.

In 1957, when the death penalty was abolished in Alaska, the punishment for first-degree murder was changed to "life or for any term of years".^[3] But by 1975, a new minimum of 20 years had been imposed. ^[4]

In 1978, Alaska's penal code was reformed. Murder and attempting murder were "unclassified felonies", which meant that it was one of the most serious crimes under the code. The punishment for first-degree murder was kept at a minimum of 20 years, and that for second-degree murder to a minimum of five. However the court could impose a 99-year sentence in all cases, and a 99-year sentence was mandatory in certain cases of first-degree murder, such as when the offender had previously been convicted of first- or second-degree murder, or when the person killed was a police officer or had been tortured by the offender.^[5]

The mandatory minimum for first-degree murder was raised to 30 years in 2016, while it was raised to 15 years in 2016 for second-degree murder.^[6]

First-degree murder

^ self-defense or defense of family, provocation, chance-medley, and corporal punishment against one's child
^ Alaskan Criminal Code of 1900 ss 3, 4, 5, 6.
^ Green v. State (1964), 390 P.2d 433
^ Morgan v. State (1978), 582 P.2d 1017
^ AS 12.55.125(a), (b), and (h).
^ The minimum had previously been set at 10 years, while that for second-degree murder affecting minors was set at, and remained, 20 years.

[1] self-defense or defense of family, provocation, chance-medley, and corporal punishment against one's child

[2] Alaskan Criminal Code of 1900 ss 3, 4, 5, 6.

[3] Green v. State (1964), 390 P.2d 433

[4] Morgan v. State (1978), 582 P.2d 1017

[5] AS 12.55.125(a), (b), and (h).

[6] The minimum had previously been set at 10 years, while that for second-degree murder affecting minors was set at, and remained, 20 years.

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