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Alaska Criminal Pattern Jury Instruction 11.41.240

Assault in the Presence of a Child

activein force · 2026-01-01 – presentas-observed

__________________________________, the defendant in this case, has been charged with the crime of assault in the presence of a child.

To prove that the defendant committed this crime, the state must prove beyond a reasonable doubt each of the following elements:

[(1) The defendant committed an [assault in the first degree] [assault in the second degree] [assault in the third degree] [assault in the fourth degree] and the assault was a crime involving domestic violence]

[(1) The defendant committed [sexual assault in the first degree] [sexual assault in the second degree] [sexual assault in the third degree] [sexual assault in the fourth degree]]; and

(2) The defendant acted with reckless disregard that, at the time of the assault, a child under 16 years of age was present in the dwelling, vehicle, or location where the assault occurred.

For purposes of this crime, “dwelling” does not include another unit in multi-unit housing; and “present” means physically present or within hearing of the assault.

History

Alaska Criminal Pattern Jury Instructions 11.41.240, dated Revised 2026; list of updates: January 2026. Prepared by the Alaska Criminal Pattern Jury Instructions Committee; published by the Alaska Court System. The Alaska Court System states that these instructions "have not been approved or promulgated by any court or the Alaska Bar Association."

Provenance

Source
courts.alaska.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
6bd4878d14b35333b74c51c05dc33cd7290fd111a2d92676d7c42b7416fd0ce7
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