AK · jury_instructions
Alaska Criminal Pattern Jury Instruction 11.51.130(a)(4) (Affirmative Defense to Contributing to the Delinquency of a Minor)
Affirmative Defense to Contributing to the Delinquency of a Minor
If you find that the state has proved beyond a reasonable doubt each of the elements of contributing to the delinquency of a minor as set forth in Instruction No. _____, then you must consider the affirmative defense raised by the defendant.
To establish this affirmative defense, the defendant must prove that each of the following statements is more likely true than not true:
(1) at the time of the alleged offense, the defendant reasonably believed that the child was [in danger of physical injury] [in need of temporary shelter]; and
(2) within twelve hours after taking the actions comprising the alleged offense, the defendant notified [a peace officer] [a law enforcement agency] [the Department of Health and Social Services] of the name of the child and the child's location.
The burden is on the defendant to prove this affirmative defense. The defendant does not have to prove this affirmative defense beyond a reasonable doubt. Rather, the burden is on the defendant to prove this affirmative defense by a preponderance of the evidence, which is a lower standard than beyond a reasonable doubt. It means "more likely true than not true."
If you find that the state has proved beyond a reasonable doubt each of the elements of contributing to the delinquency of a minor as set forth in Instruction No. _____ and you also find that the defendant has proved this affirmative defense by a preponderance of the evidence, then you must find the defendant not guilty on that count.
If you find that the state has proved beyond a reasonable doubt each of the elements of contributing to the delinquency of a minor as set forth in Instruction No. _____ and you also find that the defendant has not proved this affirmative defense by a preponderance of the evidence, then you must find the defendant guilty on that count.
History
Alaska Criminal Pattern Jury Instructions 11.51.130(a)(4), dated Added 2010. 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
48f3c80cec574583d12c31fd4617ad100ed659fe52dfde545dbf23c3bfeb9aad
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