AK · jury_instructions
Alaska Criminal Pattern Jury Instruction 11.61.200(b)(1)
Misconduct Involving Weapons - Third Degree - Affirmative Defense
The defendant has raised an affirmative defense to the crime of misconduct involving weapons in the third degree as charged in Count ______. To establish this affirmative defense, the defendant must prove that the following statement is more likely true than not true:
[the defendant received a pardon for the prior conviction on which Count _____ is based] [the prior conviction on which Count _____ is based has been set aside under AS 12.55.085 or as a result of post-conviction proceedings] [a period of 10 years or more had elapsed between the date of the defendant’s unconditional discharge on the prior conviction or adjudication of juvenile delinquency on which Count _____ is based and the date the defendant committed the crime charged in Count _____, and the prior conviction or adjudication of juvenile delinquency did not result from a violation of AS 11.41 or of another similar law of the United States or of another state or territory].
The burden is on the defendant to prove this affirmative defense by a preponderance of the evidence. The preponderance of the evidence standard means "more likely true than not true." This is a lower standard than beyond a reasonable doubt. The defendant does not have to prove the affirmative defense beyond a reasonable doubt.
If you find that the state has proved beyond a reasonable doubt each of the elements of the crime of misconduct involving weapons in the third degree as charged in Count _____, but you also find that the defendant has proved by a preponderance of the evidence the affirmative defense to that crime, then you must find the defendant not guilty on that count.
History
Alaska Criminal Pattern Jury Instructions 11.61.200(b)(1), dated Added 2009. 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
5efc3b44b5f163a25fc435e8283dc1148336f7013b72cbef9e628bdc67b273d2
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