Felony murder rule (Alaska)

In the state of Alaska, the common law felony murder rule is codified in Alaska Statutes § 11.41.100(a). Alaska's law regarding felony murder is very specific, and unlike most felony murder rule laws, which make all felony crimes that cause murder that of the first degree, delegates some felony murders to second degree murder.

First degree murder

Alaska makes the following offenses equate to first degree murder if they result in death:

• Sexual offenses and kidnapping of a child under 16
• Criminal Mischief in the first degree
• Terroristic Threatening in the first degree

Second degree murder

The following offenses equate to second degree murder if they result in death:

• Arson in the first degree
• All other Kidnapping
• Sexual Assault in the first and second degrees
• Burglary in the first degree
• Escape in the first or second degrees
• Robbery
• Misconduct involving a controlled substance
• Acting to commit a felony with a street gang
• Criminal negligence involving a child under 16, if that person had been convicted before under certain specific crimes involving a child under 16

This is enumerated entirely at Alaska Statute Sec. 11.41.100(a)(2)-(5) (first degree murder) and 11.41.110(a)(3)-(5) (second degree murder).^[1]

References