Three Strikes and Habitual Offender Laws in Alaska

How Alaska law treats three strikes and habitual offender laws, from the state code and official state agencies.

Short answer: Alaska's 'three strikes' rule: a defendant convicted of an unclassified or class A felony who has been previously convicted of two or more 'most serious felonies' must be sentenced to a definite term of 99 years, which cannot be suspended. AS 12.55.125(l), (c)(3)-(4), (d)(3)-(4), (e)(2)-(3); AS 12.55.145(a)(2); AS 12.55.185 (most serious felony)

Three strikes and habitual offender laws	Alaska's 'three strikes' rule: a defendant convicted of an unclassified or class A felony who has been previously convicted of two or more 'most serious felonies' must be sentenced to a definite term of 99 years, which cannot be suspended. 'Most serious felony' means first-degree arson, first-degree sex trafficking under AS 11.66.110(a)(2), enticement of a minor under AS 11.41.452(e), any unclassified or class A felony in AS 11.41 (crimes against the person), or an attempt, conspiracy or solicitation of an unclassified AS 11.41 felony; each prior conviction must come before the next offense was committed. Separately, presumptive ranges rise with prior felonies: for a class A felony, 10 to 14 years for a second felony conviction and 15 to 20 years for a third; for a class B felony, 3 to 7 and 6 to 10 years; for a class C felony, 2 to 4 and 3 to 5 years. For the presumptive ranges, a prior conviction generally does not count if 10 or more years passed between unconditional discharge on it and the new offense, unless it was an unclassified or class A felony (AS 12.55.145(a)(1)(A)). Source: AS 12.55.125(l), (c)(3)-(4), (d)(3)-(4), (e)(2)-(3); AS 12.55.145(a)(2); AS 12.55.185 (most serious felony)

Three strikes and habitual offender laws

Alaska's 'three strikes' rule: a defendant convicted of an unclassified or class A felony who has been previously convicted of two or more 'most serious felonies' must be sentenced to a definite term of 99 years, which cannot be suspended. 'Most serious felony' means first-degree arson, first-degree sex trafficking under AS 11.66.110(a)(2), enticement of a minor under AS 11.41.452(e), any unclassified or class A felony in AS 11.41 (crimes against the person), or an attempt, conspiracy or solicitation of an unclassified AS 11.41 felony; each prior conviction must come before the next offense was committed. Separately, presumptive ranges rise with prior felonies: for a class A felony, 10 to 14 years for a second felony conviction and 15 to 20 years for a third; for a class B felony, 3 to 7 and 6 to 10 years; for a class C felony, 2 to 4 and 3 to 5 years.

For the presumptive ranges, a prior conviction generally does not count if 10 or more years passed between unconditional discharge on it and the new offense, unless it was an unclassified or class A felony (AS 12.55.145(a)(1)(A)).

Source: AS 12.55.125(l), (c)(3)-(4), (d)(3)-(4), (e)(2)-(3); AS 12.55.145(a)(2); AS 12.55.185 (most serious felony)

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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.