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What Is the Statute of Limitations in Alaska?
In Alaska, aggrieved claimants and the state face a strict timeframe when bringing legal proceedings to court. This legal clock, known as the statute of limitations, promotes judicial efficiency by preventing disputes from lingering too long before decisive legal action is taken. It also balances the interests of all parties by allowing plaintiffs to pursue justice. At the same time, evidence remains fresh, and defendants are protected from having to answer for events that have faded from memory with time.
Alaska’s statute of limitations is spread across various Alaska felonies, misdemeanors, and infractions, but primarily Title 9, Chapter 10 of the Alaska Statutes (Code of Civil Procedure) for civil cases and Title 12, Chapter 10 of the Alaska Statutes (Code of Criminal Procedure) for criminal cases. Once the statutory period for a particular case has expired, plaintiffs and the state lose the right to file suit or to prosecute it.
How Long Is the Statute of Limitations in Alaska?
As mentioned above, different statutes set varying deadlines for initiating criminal and civil proceedings across the state. Consequently, the time limits for filing a lawsuit in Alaska depend on the nature of the case and the applicable law.
The statute of limitations typically ranges from 1 to 10 years for civil matters. For example, personal injury cases must be filed within 2 years from the date of injury (AS 09.10.070), while actions for the recovery of real property have a 10-year limitation period (AS 09.19.030). Per Alaska Statutes § 09.10.100, civil matters with no specific statute of limitations provided for by any statute may be commenced within 10 years from the date the cause of action accrued.
On the other hand, in criminal cases, the statute of limitations often depends on the seriousness or category of the offense. Violations and misdemeanors usually have shorter timeframes than felonies.
The table below gives a breakdown of cases and their corresponding statutes of limitations:
| Case Type | Statute of Limitations | Note |
|---|---|---|
| Violations, infractions, and Misdemeanors | 5 years | The limitation period can be tolled or paused under specific circumstances, such as when the accused is out of state. In such cases, the clock stops running until the accused is within the court’s jurisdiction. |
| Felonies | 5 to 10 years | Most non-violent felonies have a statute of limitations of 5 years, while prosecution of most violent felonies are typically statute-barred after 10 years. |
| Civil Statutes | 1 to 10 years | Subject to certain exceptions, Alaska’s statute of repose prevents plaintiffs from filing lawsuits if more than 10 years have passed since the harm occurred, regardless of when it was discovered. |
What Crimes Have No Statute of Limitations in Alaska?
Some crimes in Alaska have no statute of limitations, which means they can be prosecuted anytime. These offenses are seen as so serious that limiting their time would amount to a miscarriage of justice and weaken the state’s commitment to protecting victims and holding offenders accountable for gross atrocities. In other words, the severity of these offenses far outweighs the need to impose a deadline on when justice can be pursued.
The crimes with no statute of limitations in Alaska are highlighted in Alaska Statutes 12.10.010 to include:
- Murder
- Attempt, solicitation, or conspiracy to commit murder or hindering the prosecution of murder
- Felony sexual assault of a minor
- Unclassified, class A or class B felony sexual assault, or certain sexual assault in the 2nd degree
- Kidnapping
- Distribution of child pornography
- Human trafficking
- Online enticement of a minor
Criminal Statute of Limitations in Alaska
The criminal statute of limitations in Alaska is primarily based on the category of offense—misdemeanor or felony. The most severe felonies have no statute of limitations and can be prosecuted at any time, regardless of when the cause of action arose.
Misdemeanors are divided into class A and class B. While class A misdemeanors are punishable by up to 1 year in jail and $10,000 fines, class B misdemeanors are subject to a maximum jail term of 90 days and a maximum fine of $2,000. Regardless of these differences, the statute of limitations for both categories of misdemeanors remains 5 years by virtue of AS 12.10.010(b)(2).
Notably, by virtue of AS 12.80.40, the misdemeanor statute of limitations in Alaska also applies to violations and infractions. Consequently, the state must prosecute violations and infractions within 5 years of their occurrence or forfeit its rights to initiate such proceedings in court.
In contrast, felonies are categorized into four classes: unclassified, class A, class B, and class C. Generally, unclassified felonies (felonies that do not fall into classes A, B, or C) are the most serious types of offenses and have no statute of limitations. Meanwhile, most class A felonies are statute-barred after 10 years, while most class B and C felonies have a 5-year statute of limitations.
However, these felony time limits are subject to exceptions. For example, while indecent exposure in the first degree can be a class B or C felony, the statute of limitations for this offense is 10 years. Furthermore, the following are exceptions to the general criminal statute of limitations in Alaska:
- Statute of limitations does not run during the period when an accused purposely evades detection, apprehension, or prosecution by residing out-of-state or outside their usual place of abode within the state (regardless, the applicable period of limitation cannot be exceeded by 3 years)
- The period of limitations stops running when there is an active legal case against the accused for the same conduct
| Offense | Statute of Limitations |
|---|---|
| Class A and B misdemeanors | 5 years |
| Unclassified Felonies | None |
| Theft Burglary Vehicle theft Arson Littering Forgery Criminal impersonation Commercial bribery Indecent exposure in the second degree | 5 years |
| Manslaughter Assault Reckless endangerment Robbery in the first degree Robbery in the second degree Stalking Incest Extortion Coercion Enticement of a minor Unlawful exploitation of a minor Indecent exposure in the first degree | 10 years |
Is There a Statute of Limitations on Attempted Murder?
No. Alaska Statutes 12.10.010(a)(2) lists an attempt to murder as an offense that can be prosecuted at any time, making it not subject to the state’s general statute of limitations.
Limitations on Sexual Assault in Alaska
Per Alaska Statutes 12.10.010, the following sexual assault or sexual abuse offenses have no statute of limitations:
- Felony sexual abuse of a minor
- Unclassified, class A, or class B sexual assault
Note: Sexual assault in the third and fourth degrees, incest, enticement of a minor, unlawful exploitation of a minor, and indecent exposure in the first degree have no statute of limitations if they were committed against a person under 18 years old. Furthermore, unclassified, class A, or class B felony sexual trafficking in violation of AS 11.66.110 to AS 11.66.130 has no timeline for commencement of prosecution.
Meanwhile, a 10-year statute of limitations applies to the following sexual assault/abuse offenses:
- Sexual assault in the third degree against persons who are mentally incapable, incapacitated, or unaware that a sexual act is being committed
- Sexual assault in the third degree if the offender is a state or municipality-employed probation/parole officer who engages in sexual penetration with a parolee in reckless disregard of the parolee’s status
- Sexual assault in the third degree if the offender is a juvenile probation officer or juvenile facility staff who recklessly engages in sexual penetration with a person 18 or 19 years of age
- Incest
- Enticement of a minor
- Unlawful exploitation of a minor
- Indecent exposure in the first degree
All other sexual assault/abuse cases not listed above have a 5-year statute of limitations, such as:
- Sexual assault in the fourth degree
- Indecent exposure in the second degree
- Sexual abuse of a minor in the fourth degree
Civil Statute of Limitations in Alaska
Alaska's civil statute of limitations is outlined in Title 9, Code of Civil Procedure (§§ 09.10.010–09.10.240) of the Alaska Statutes. These provisions explain how long you have to sue in Alaska, with deadlines for filing civil cases generally ranging from 1 to 10 years, depending on the type of claim.
Unless a legal exception applies, plaintiffs who miss the deadlines for filing their claims will usually be barred from pursuing the lawsuit in court. For example, the general statute of limitations for actions to recover real property is 10 years. However, suppose the claimant or their predecessor once possessed the property, or the claimant's ownership interest is properly recorded in the official property records. In that case, they can sue for quiet title or to eject an illegal occupant at any time.
For quick reference, a breakdown of most civil lawsuit deadlines in Alaska is highlighted in the table below:
| Claim Type | Statute of Limitations | Section (§) of the Alaska Code of Civil Procedure |
|---|---|---|
| Actions related to escape Lawsuits against a construction professional | 1 year 1 year after discovery of the defect and within 10 years of completion of work | § 16.002(a) § 09.10.054(a) |
| Assault and battery False imprisonment, forfeiture or state penalty, injury to personal property, libel/slander, medical malpractice, personal injury or death | 2 years | § 16.004(a)(3) § 09.10.070(a) |
| Contract actions Misdemeanor sexual abuse of a minor, misdemeanor sexual assault, incest or felony indecent exposure | 3 years | § 09.10.53 |
| Waste or trespass upon real property | 6 years | § 09.10.50 |
| Action to recover real property Action upon judgment or sealed instrument Fraud | 10 years from when the course of action accrued | § 09.10.30 § 09.10.40 § 09.10.100 |
Statute of Limitations for Medical Malpractice in Alaska
Like most personal injury cases, the medical malpractice statute of limitations in Alaska is two years from the date the claim accrues (the date of the malpractice). However, under the state’s discovery rule, the clock begins on the date the claimant discovered the injury if that date differs from the date of the malpractice. In other words, the discovery rule stops the malpractice claim deadline in Alaska from running until the claimant discovers or is reasonably expected to discover the malpractice, irrespective of the date the malpractice occurred.
Note: If the injured party is a minor, the time starts counting within 2 years and 1 day from their 18th birthday. Also, the statute of repose highlighted above applies to medical malpractice cases.
Examples of common medical malpractice cases in Alaska are highlighted in the table below:
| Type of Medical Malpractice | Example |
|---|---|
| Anesthesia Errors | Administering excessive anesthesia and failing to monitor Vital signs during a surgical procedure |
| Birth Injuries | Delaying or omitting a Vital C-section, resulting in injury to a baby or the mother. |
| Medication Errors | Prescribing the wrong drug or incorrect dosages |
| Misdiagnosis/Delayed Diagnosis | Failure to accurately diagnose an illness despite apparent symptoms and test results |
| Surgical Errors | Operating on the wrong body part or leaving a foreign object inside the patient during surgery. |
Statute of Limitations for Debt in Alaska
Per AS 09.10.053, Alaska's debt statute of limitations for actions upon express or implied contracts and liability is 3 years. This 3-year limit applies to most debts, including credit cards, personal loans, medical bills, furniture accounts, gym memberships, and in-store credit cards/accounts. Time starts running from the date the debtor defaults. However, if payment is made after a long time, the time starts counting from when the payment was made.
However, some formal agreements may fall under different statutes allowing a longer duration. For example, an action to enforce a promissory note has a 6-year statute of limitations (§ 45.03.118 of the Alaska Statutes). In contrast, an action upon a sealed instrument must be commenced within 10 years (§ AS 09.10.040).
It is worth noting that under the Fair Credit Reporting Act, unpaid debts stay on the debtor's credit report from the date of the first default. This means that a debt can still hurt the debtor's credit score even after the 3-year statute of limitations for loan recovery expires.
The table below summarizes the statute of limitations for various types of debts in Alaska:
| Type of Debt | Statute of Limitations | Notes |
|---|---|---|
| Credit Card Debt | 3 years | Starts at default; clock restarts with specific events such as payment or acknowledgment |
| Auto Loan | 3 years | 6 years if structured as a promissory note |
| Personal Loan | 3 years | Time starts counting from the date of default or last payment |
| Medical Bills | 3 years | The statute of limitations may be longer in specific cases if the medical provider puts a lien against the debtor |
| Written and oral contracts | 3 years | The exception for promissory notes apply; sealed instruments have a 10-year statute of limitations |
Statute of Limitations for Child Abuse and Child Support in Alaska
The child abuse statute of limitations in Alaska is unlimited in many cases, reflecting the severity and sensitivity of these offenses. As a result, certain child abuse crimes can be prosecuted at any time, regardless of how much time has passed since the offense. These offenses include:
- Sexual assault of a child
- 1st, 2nd, and 3rd degree sexual abuse of a minor
- Incest
- Online enticement of a minor
- Unlawful exploitation of a minor
- Indecent exposure in the first degree
Note: 4th degree sexual abuse of a minor and indecent exposure in the 2nd degree carry a 5-year statute of limitations.
On the other hand, Alaska's civil statute of limitations for many child abuse cases is 3 years from the date the victim attains majority age. However, felony sexual abuse of a minor has no civil statute of limitations.
Furthermore, there is no statute of limitations for child support in Alaska. Per the joint interpretation of AS 25.27.225 and AS 25.27.226, back child support payments do not expire and can be enforced anytime, as each missed support payment is treated as a judgment.