What is a Second Degree Felony in Alaska?

The term "second-degree felony" is not a formal criminal classification under Alaska law. Rather, the state categorizes felonies into Class A, Class B, Class C, and unclassified. Per Alaska Statutes § 11.81.250, the equivalent of a second-degree felony in Alaska is a Class B felony. A Class B (second-degree) felony is a serious crime, falling between Class A felonies (the most severe) and Class C felonies and misdemeanors (less severe).

A conviction for Class B felonies in Alaska carries a potential prison sentence of up to 10 years, fines of up to $100,000, or both (Alaska Statute § 12.55.125). Examples of Class B felonies in the state include, but are not limited to, second-degree manslaughter, first-degree burglary, selling marijuana to a minor, second-degree assault, and scheming to defraud.

Note that in Alaska, the law uses the degree classification to indicate the severity and nature of specific types of crimes rather than the felony classification.

Which Crimes Are Considered Second Degree Felonies in Alaska?

According to Alaska Statutes § 11.81.250(2), second-degree felonies (called Class B felonies in Alaska) characteristically involve conduct resulting in severe violence against a person, aggravated offenses against property interests, or aggravated offenses against public administration or order to an extent less severe than Class A felonies. Crimes in the Class B felony category in the state include:

• Criminally negligent homicide (AS 11.41.130)
• Burglary in the 1st degree (AS 11.46.300)
• Sexual Assault in the 2nd degree (AS 11.41.420)
• Sexual abuse of a minor in the 2nd degree (AS 11.41.436)
• Misconduct involving a controlled substance in the 3rd degree (AS 11.71.030)
• Assault in the 2nd degree (AS 11.41.210)
• Robbery in the 2nd degree (AS 11.41.510)
• Arson in the 2nd degree (AS 11.46.410)
• Criminal mischief in the 2nd degree (AS 11.46.480)
• Theft in the 2nd degree (AS 11.46.100)

In Alaska, crimes like murder in the 1st degree, murder in the 2nd degree, and sexual assault in the 1st degree fall outside the standard A, B, and C felony classes and, as such, are called unclassified felonies (AS 11.81.250).

What is Second Degree Murder and How is it Classified in Alaska?

A second-degree murder in Alaska is defined as causing the death of a person with malicious intent to cause serious bodily injury or through extreme recklessness. Per Alaska Statutes § 11.41.110, a person commits second-degree murder if:

• They intend to cause serious physical injury or knew their actions could cause death, and another person dies as a result
• They knowingly engage in conduct that results in the death of another under circumstances that demonstrate extreme indifference to human life
• They cause a death during the commission of certain felonies like arson, robbery, burglary, kidnapping, or sexual assault, but without the specific intent to kill
• They act with criminal negligence and cause the death of a child under 16 and have been previously convicted of a crime involving a child under the age of 16.

Second-degree murder is less serious than first-degree murder in that it is not premeditated or deliberated; that is, there is no specific intent to kill. However, it is more serious than manslaughter, which involves no intent to cause serious harm or acting with extreme recklessness. Under state law (AS 11.81.250), second-degree murder is an unclassified felony with a potential prison sentence of five to 99 years.

Alaska Second Degree Felonies Penalties and Punishments

Under Alaska Statutes § 12.55.125, a class B (second-degree) felony is punishable by a definite prison term of up to 10 years imprisonment. However, there are presumptive ranges under the law that guide sentencing based on aggravating circumstances (e.g., multiple offenses, age of victim, type of crime), mitigating circumstances (e.g., minor role), and prior offenses.

For example, the court can sentence a defendant to one to three years in prison for a first Class B felony conviction not involving certain circumstances, such as a child victim (under 16); three to seven years if the offense is a second felony conviction; and six to 10 years for third felony convictions (AS 12.55.125(d)).

In addition to (or, sometimes, in place of) prison, judges may impose fines of up to $100,000, probation, restitution, surcharges, or community work service in a Class B (second-degree) felony sentence (AS 12.55.085). The maximum term of probation depends on the offense; however, under Alaska Statutes § 12.55.090(c), probation for non-sex-related Class B felony offenses may not exceed 10 years.

The table summarizes the prison time, fine, and other penalties for some Class B (second-degree) felonies in Alaska.

Are Second Degree Felony Records Public in Alaska?

Under the Alaska Public Records Act (APRA), second-degree felony records, specifically court and arrest-related records, are public, unless statutorily restricted, sealed, or exempt by court order. However, criminal history information (inclusive of second-degree records) maintained by the state's Criminal Records & Identification Bureau is confidential. These records are available only to individuals and employers in accordance with strict guidelines outlined in AS 12.62.160, 13 AAC 68, and Pub. L. 92-544.

Generally, criminal records, including those related to second-degree felonies, are restricted or made confidential to protect individual privacy, sensitive information, or safeguard the integrity of ongoing law enforcement investigations. Also, as provided in Alaska Stat. § 12.62.180, a criminal record is sealed if the information resulted from mistaken identity or false accusation. However, conviction records for crimes really committed cannot be sealed.

States handle sealing and confidentiality differently. New York, for example, seals eligible convictions and arrests after waiting periods, typically after 8 or 10 years (CPL §§ 160.58–160.59), while California’s Penal Code § 1203.4 allows felony convictions to be expunged at the end of probation or sentence.

How to Access Second Degree Felony Court Records in Alaska

Interested members of the public can access Class B (second-degree) felony records in Alaska through these methods:

• Online Access: They can search the Alaska Courtview Public Access Website to view court records of second-degree felony cases, including charges and disposition. The website allows searches by case number, party name, or ticket/citation number. It encompasses records from trial courts across Alaska. Access is free. Note that cases that fall under the Administrative Rule 40(a)(13), 40(a)(3)-(8), 40(a)(1), and Alaska Stat. § 22.35.030 are removed from public access.
• In-person Access: Visit the records department or clerk of the Superior Court where the second-degree felony case was filed to request copies or inspect the case records. The relevant Superior Court contact information and address can be found on the Alaska Court Directory. Requests must include the defendant's name, the case number (if known), and the case type. Public inspection is usually free; however, fees will be charged for copies. This includes $5.00 for the first document, $3.00 for each additional one requested with the first, $10.00 for the first certified copy, and $3.00 for each additional certified copy of the same document requested together. $15.00 is also charged for each exemplified copy of a document.
• Fax, Mail, and Email Requests: Copies of case files may be requested by submitting completed forms by fax, mail, or email to the Records Department or court clerk. Each trial court’s page in the Alaska Court System Contact Directory lists its mailing, email, and fax addresses. The case file request forms to complete for different locations across the state are as follows:
  • TF-311 ANCH (Anchorage, Saint Paul Island, and Sand Point)
  • TF-311 FBKS (Fairbanks)
  • TF-311 PA (Palmer)
  • TF-311 (Other locations)

The completed forms can also be submitted in person to obtain record copies. Fees for copies are as listed above.

Can Second Degree Felony Charges be Reduced or Dismissed?

Yes. Under Alaska Rule of Criminal Procedure 11(e), prosecutors may reduce Class B felony charges to Class C felonies or misdemeanors in exchange for a guilty or nolo contendere plea. Similarly, under Rule 43(a), the prosecutor can file a notice to dismiss the charge. The court can also dismiss the charge on motion or by initiative in the furtherance of justice (i.e., due to weak evidence or rights violations) under Rule 43(b) and 43(c).

Additionally, the court, under Alaska Rule of Criminal Procedure 35(b), may modify or reduce a sentence within 180 days of the distribution of the written judgment upon the filing of a motion in the original criminal case. Typically, whether a charge is reduced or dismissed depends on the case, the strength of the evidence, the defendant's legal representation, and their criminal history.

Is it Possible to Expunge or Seal a Second Degree Felony or Murder Record in Alaska?

Alaska doesn't allow felony records (including Class B felonies) and second-degree murder to be expunged or sealed. As a result, adult felony conviction records are permanently public in Alaska. However, Alaska Stat. § 12.62.180 allows sealing when a conviction results from mistaken identity or false accusation. The convicted person must submit a completed request to seal criminal justice information to the agency head maintaining the records, proving the case of mistaken identity and false accusation beyond a reasonable doubt.

On the other hand, juvenile records are automatically sealed under Alaska Statute § 47.12.300 within 30 days of the offender’s 18th birthday or upon release from jurisdiction. If the offense were a felony if committed by an adult, sealing is not automatic at age 18; instead, the offender must wait five years after completing the sentence, and a superior must order the sealing.

How Long Do Second Degree Felony Records Stay Public in Alaska?

In Alaska, second-degree felony records remain in the public index indefinitely, as they do not expire or get expunged. Consequently, these records remain accessible to the public without time limits. Albeit records may be subject to individual agencies’ record retention policies. In contrast, some states impose time limits or offer expungement. California expunges certain felonies under Penal Code § 1203.4 at the end of probation or sentence. Also, New York seals eligible cases under CPL §§ 160.58–.59 after waiting periods.