Alaska Manslaughter and Criminally Negligent Homicide Laws (2026)

Alaska has one offense named manslaughter, AS 11.41.120: intentionally, knowingly or recklessly causing the death of another person "under circumstances not amounting to murder in the first or second degree," intentionally aiding a suicide, or a death caused by delivering a schedule IVA controlled substance. It is a class A felony with a maximum of 20 years (AS 12.55.125(c)); below it, criminally negligent homicide (AS 11.41.130) is a class B felony with a maximum of 10 years, and because Alaska has no vehicular homicide statute, a fatal crash is charged under these sections or, where the driving manifests an extreme indifference to the value of human life, as second-degree murder (AS 11.41.110(a)(2)).

For the rules in other states, see our guide to manslaughter laws by state.

Information last verified on 2026-10-18. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers the Alaska statutes on homicide below murder: manslaughter (AS 11.41.120), criminally negligent homicide (AS 11.41.130), the unborn-child versions (AS 11.41.160 and 11.41.170), the heat-of-passion defense (AS 11.41.115), and the sentencing, traffic and licensing statutes that apply to them, including the changes made by HB 239 (chapter 9 SLA 2026). It does not cover first- or second-degree murder sentencing (see how long a life sentence is in Alaska and our overview of murder sentencing guidelines), self-defense (see Alaska self-defense laws), civil lawsuits by surviving family (see Alaska wrongful death law), or federal offenses, which the manslaughter laws hub covers.

What is manslaughter in Alaska?

The statute reads:

"(a) A person commits the crime of manslaughter if the person (1) intentionally, knowingly, or recklessly causes the death of another person under circumstances not amounting to murder in the first or second degree; (2) intentionally aids another person to commit suicide; or (3) knowingly manufactures or delivers a controlled substance in violation of AS 11.71.030 or 11.71.040(a)(1) for schedule IVA controlled substances, and another person dies as a direct result of ingestion of the controlled substance; the death is a result that does not require a culpable mental state. (b) Manslaughter is a class A felony." AS 11.41.120

The first form is the general one. It reaches every culpable mental state from intent down to recklessness, and it is defined by what it is not: a killing becomes manslaughter when the circumstances do not amount to first- or second-degree murder. The second form makes intentionally aiding a suicide manslaughter. The third form applies only to schedule IVA substances, and for it the death "does not require a culpable mental state."

Below manslaughter sits criminally negligent homicide:

"(a) A person commits the crime of criminally negligent homicide if, with criminal negligence, the person causes the death of another person. (b) Criminally negligent homicide is a class B felony." AS 11.41.130

The homicide offenses below murder in AS 11.41 are manslaughter, criminally negligent homicide, manslaughter of an unborn child (AS 11.41.160) and criminally negligent homicide of an unborn child (AS 11.41.170). When more than one person dies, "each death constitutes a separately punishable offense" (AS 11.41.135).

Alaska manslaughter and homicide offenses at a glance

Felony sentences come from AS 12.55.125, which sets a maximum term for each class and a presumptive range the court "shall" use, "subject to adjustment as provided in AS 12.55.155 - 12.55.175." For how Alaska sorts and sentences each class, see Alaska felony and misdemeanor classes.

Which first-felony range applies to manslaughter

AS 12.55.125(c) has two first-felony ranges for class A felonies. The lower one, 4 to 7 years, applies "if the offense is a first felony conviction and does not involve circumstances described in (2) of this subsection." The higher one, 7 to 11 years, applies "if the offense is a first felony conviction (A) and the defendant possessed a firearm, used a dangerous instrument, or caused serious physical injury or death during the commission of the offense," or knowingly directed the conduct at a uniformed or otherwise clearly identified peace officer, firefighter, correctional employee or other listed emergency responder engaged in official duties.

The Alaska Court of Appeals, in a 2011 manslaughter sentencing appeal, described this as a legislative change "to increase the presumptive sentencing range for a first felony offender convicted of manslaughter from five years to a sentencing range of seven to eleven years" (Bottcher v. State, Op. No. 2324 (Alaska App. Sept. 2, 2011)).

Heat of passion and serious provocation

Alaska's code does not use the term voluntary manslaughter. Heat of passion appears instead as a defense to murder:

"(a) In a prosecution under AS 11.41.100(a)(1)(A) or 11.41.110(a)(1), it is a defense that the defendant acted in a heat of passion, before there had been a reasonable opportunity for the passion to cool, when the heat of passion resulted from a serious provocation by the intended victim." AS 11.41.115(a)

The defense applies only in a prosecution under the two murder provisions it names, and only when the provocation came from "the intended victim." Subsection (e) adds that "Nothing in (a) or (b) of this section precludes a prosecution for or conviction of manslaughter or any other crime not specifically precluded."

The section also defines serious provocation narrowly:

"'serious provocation' means conduct which is sufficient to excite an intense passion in a reasonable person in the defendant's situation, other than a person who is intoxicated, under the circumstances as the defendant reasonably believed them to be; insulting words, insulting gestures, or hearsay reports of conduct engaged in by the intended victim do not, alone or in combination with each other, constitute serious provocation." AS 11.41.115(f)(2)

AS 11.41 contains no provision addressing gay or trans panic claims, and AS 11.41.115(f)(2) does not mention sexual advances, sexual orientation or gender identity. Self-defense and other justifications are separate questions; our page on Alaska self-defense laws covers them.

Reckless manslaughter and criminally negligent homicide

The difference between manslaughter by recklessness and criminally negligent homicide is whether the person was aware of the risk. Both terms are defined in AS 11.81.900(a), which applies "For purposes of this title, unless the context requires otherwise":

"(3) a person acts 'recklessly' with respect to a result or to a circumstance described by a provision of law defining an offense when the person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists; the risk must be of such a nature and degree that disregard of it constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation; a person who is unaware of a risk of which the person would have been aware had that person not been intoxicated acts recklessly with respect to that risk; (4) a person acts with 'criminal negligence' with respect to a result or to a circumstance described by a provision of law defining an offense when the person fails to perceive a substantial and unjustifiable risk that the result will occur or that the circumstance exists; the risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation." AS 11.81.900(a)(3), (4)

A reckless person consciously disregards the risk; a criminally negligent person fails to perceive it. The last clause of the recklessness definition matters in intoxication cases. In Neitzel v. State, 655 P.2d 325 (Alaska App. 1982), a second-degree (extreme indifference) murder appeal decided under the code as it then read, the Court of Appeals said that "the Revised Code follows the Model Penal Code in precluding evidence of intoxication on the issue of recklessness," and that it did not consider that legislative judgment "so irrational that it violates due process."

The class B ranges for criminally negligent homicide are set by AS 12.55.125(d): a maximum of 10 years; a presumptive range of 1 to 3 years for a first felony conviction; 2 to 4 years for a first felony conviction where the defendant violated AS 11.41.130 "and the victim was a child under 18"; 3 to 7 years for a second felony conviction; and 6 to 10 years for a third. HB 239 raised that child age from 16 to 18, and the change applies to sentences for conduct on or after July 1, 2026. Some online copies of AS 12.55.125 may still print the earlier age.

Vehicular manslaughter and DUI deaths in Alaska

Alaska does not have a vehicular homicide, vehicular manslaughter or DUI manslaughter statute. A death caused by driving is prosecuted under the general homicide sections: manslaughter (AS 11.41.120(a)(1)) where the driver acted recklessly, or criminally negligent homicide (AS 11.41.130) where the driver acted with criminal negligence. Where the driving manifests an extreme indifference to the value of human life, the charge can be second-degree murder under AS 11.41.110(a)(2); in Jeffries v. State, 169 P.3d 913 (Alaska 2007), the Alaska Supreme Court held the evidence sufficient to support a second-degree murder conviction for a drunk-driving death. The recklessness definition's intoxication clause, quoted above, applies to these cases as to any other.

Driving under the influence

Alaska's DUI statute reaches a person who "operates or drives a motor vehicle or operates an aircraft or a watercraft" while under the influence of an alcoholic beverage, inhalant or controlled substance (AS 28.35.030(a)). It has no death tier:

"(b) Except as provided under (n) of this section, driving while under the influence of an alcoholic beverage, inhalant, or controlled substance is a class A misdemeanor." AS 28.35.030(b)

Under subsection (n), DUI is a class C felony when the person "has been previously convicted two or more times since January 1, 1996, and within the 10 years preceding the date of the present offense," or punishment under that subsection or AS 28.35.032(p) was previously imposed within the last 10 years. For DUI penalties when no one is killed, see Alaska DUI laws.

License revocation

Under AS 28.15.181(a), conviction of "manslaughter or negligent homicide resulting from driving a motor vehicle," or of "failure to stop and give aid as required by law when a motor vehicle accident results in the death or personal injury of another," is "grounds for the immediate revocation of a driver's license, privilege to drive, or privilege to obtain a license." Subsection (b) directs the court to revoke for not less than 30 days for a first conviction, unless the court finds the person's ability to earn a livelihood would be severely impaired and a limitation under AS 28.15.201 can be placed on the license; for not less than one year for a second conviction within 10 years of a prior conviction; and for not less than three years for a third or subsequent conviction.

Texting and screen devices

A violation of AS 28.35.161(a), the statute on using electronic devices while driving, is ordinarily a violation, but it is "(4) a class A felony if the person's driving causes the death of another person" (AS 28.35.161(f)(4)). The same subsection makes it a class C felony if the driving causes physical injury and a class B felony if it causes serious physical injury.

Leaving the scene of a fatal crash

AS 28.35.050(a) requires "An operator of a vehicle involved in an accident resulting in injury to or death of a person" to "immediately stop." HB 239 rewrote the penalties for failing to render reasonable assistance, effective July 1, 2026, for offenses committed on or after that date:

"(d) A person who fails to comply with a requirement of this section regarding failure to render reasonable assistance in an accident resulting in death is, upon conviction, guilty of a class A felony, punishable as provided in AS 12.55. This provision does not apply to a person incapacitated by the accident to the extent that the person is physically incapable of complying with the requirement." AS 28.35.060(d), added by HB 239

The same act made the failure a class B felony where the accident results in injury (AS 28.35.060(c)). Before July 1, 2026, failing to render reasonable assistance to an injured person was punishable by imprisonment for not more than 10 years, a fine of not more than $10,000, or both. For offenses committed on or after July 1, 2026, when a defendant is sentenced for criminally negligent homicide (or criminally negligent homicide of an unborn child) together with a crime under AS 28.35.050 or 28.35.060, AS 12.55.127(c)(4), added by HB 239, requires "a consecutive term of imprisonment" for "some additional term of imprisonment for each additional crime" under those sections. Other failures under AS 28.35.060, such as not giving name, address and vehicle license number, are punishable by up to one year, a fine of up to $500, or both (AS 28.35.060(b)). AS 28.35.050 states no penalty of its own; a violation of AS 28 for which no other penalty is provided is a misdemeanor punishable by up to 90 days, a fine of up to $500, or both (AS 28.90.010). See Alaska hit-and-run laws.

Fleeing police, suspended drivers and reckless driving

• Failure to stop at the direction of a peace officer: the first degree is a class C felony where, during the offense, the person drives recklessly under AS 28.35.400, is committing first- or second-degree vehicle theft, or causes an accident or serious physical injury; the second degree is a class A misdemeanor (AS 28.35.182(a), (e)). The section has no death tier.
• Driving while license canceled, suspended or revoked: a class A misdemeanor for a violation of (a)(1), with a 10-day minimum (suspended for a first offense), or for (a)(2) or (3) after a prior conviction; otherwise an infraction (AS 28.15.291(b)). The section has no death tier.
• Reckless driving: a misdemeanor punishable by a fine of not more than $1,000, imprisonment for not more than one year, or both (AS 28.35.400(b)). AS 28.35 contains no racing or speed-contest offense, and lawfully conducted racing events are excluded from the reckless driving section (AS 28.35.400(c)).
• Move-over and school-bus violations: failing to vacate a lane or slow for a stationary emergency or road-service vehicle is a class A misdemeanor if personal injury results (AS 28.35.185(b)); passing a school bus is a class B misdemeanor (AS 28.35.145(d)). Neither section has a death tier.

A death in any of those situations is charged, where the elements fit, as manslaughter, criminally negligent homicide or, with extreme indifference to the value of human life, second-degree murder.

Drug-delivery deaths

AS 11.41.120(a)(3) makes a death from a schedule IVA substance manslaughter. For offenses committed on or after January 1, 2025 (HB 66, chapter 11 SLA 2024), a death from a substance delivered in violation of AS 11.71.010 or 11.71.021 is instead graded as second-degree murder under AS 11.41.110(a)(6), reduced to a class A felony where the defendant proves the affirmative defense in AS 11.41.110(b) (seeking help in good faith, remaining at the scene, cooperating, and small quantities not delivered for a profit). Before that date, manslaughter (a)(3) reached deliveries in violation of AS 11.71.010 to 11.71.030. See our overview of murder laws in the United States.

Unborn victims

Alaska's unborn-child ladder parallels the born-victim offenses. Manslaughter of an unborn child (AS 11.41.160) is intentionally, knowingly or recklessly causing the death of an unborn child "under circumstances not amounting to murder of an unborn child," a class A felony. Criminally negligent homicide of an unborn child (AS 11.41.170) is causing that death "with criminal negligence," a class B felony. Murder of an unborn child is a separate offense (AS 11.41.150). Under AS 11.41.180, these sections do not apply to acts during a legal abortion with the consent the section describes, to acts under usual and customary standards of medical practice during diagnostic testing, therapeutic treatment, or to assist a pregnancy, or to acts committed by a pregnant woman against herself and her own unborn child.

Other offenses graded by a resulting death

• Endangering the welfare of a child in the first degree under AS 11.51.100(a)(3): class B felony if the child dies (AS 11.51.100(d)(1)).
• Failure to render reasonable assistance in an accident resulting in injury: class B felony for offenses on or after July 1, 2026 (AS 28.35.060(c)).

A criminally negligent death of a child under 18 caused by a person previously convicted of a felony AS 11.41 crime involving a child is second-degree murder under AS 11.41.110(a)(5), outside the scope of this page.

Sentencing rules that apply to manslaughter

Adjusting the presumptive range. The ranges in AS 12.55.125 are adjustable by the aggravating and mitigating factors of AS 12.55.155 through 12.55.175. Where the court finds "by clear and convincing evidence that manifest injustice would result" from failing to consider factors not listed in AS 12.55.155 or from a sentence within the presumptive range, it must send the case to a three-judge panel for sentencing under AS 12.55.175 (AS 12.55.165(a)).

Consecutive terms for additional homicides. AS 12.55.127(c)(2) requires, for each additional crime that is manslaughter, consecutive time equal to "the presumptive term specified in AS 12.55.125(c) or the active term of imprisonment, whichever is less," and for each additional criminally negligent homicide, "two years or the active term of imprisonment, whichever is less," subject to the exception in (c)(4), added by HB 239 for offenses on or after July 1, 2026, for a criminally negligent homicide sentenced with a leaving-the-scene count.

Repeat felony offenders. Under AS 12.55.125(l), "a defendant convicted of an unclassified or class A felony offense, and not subject to a mandatory 99-year sentence under (a) of this section, shall be sentenced to a definite term of imprisonment of 99 years when the defendant has been previously convicted of two or more most serious felonies." A "most serious felony" includes "any unclassified or class A felony prescribed under AS 11.41" (AS 12.55.185(10)), so a prior manslaughter conviction counts. For the presumptive ranges in AS 12.55.125(c) to (e), a prior conviction is disregarded once 10 or more years have passed since unconditional discharge, unless it was for an unclassified or class A felony (AS 12.55.145(a)(1)). For the 99-year rule no such time limit applies, but the conviction for the first offense must precede commission of the second, and the conviction for the second must precede commission of the present offense (AS 12.55.145(a)(2)).

Parole and good time. AS 33.16.090(a)(1)(D) provides that "a prisoner sentenced to a single sentence within or below a presumptive range set out in AS 12.55.125(c), (d)(2) - (4), (e)(3) and (4), or (i) who has not been allowed by the three-judge panel under AS 12.55.175 to be considered for discretionary parole release is not eligible for consideration of discretionary parole." That list covers class A presumptive sentences, including manslaughter. A single sentence above the presumptive range is instead governed by AS 33.16.090(b)(3). A first-felony criminally negligent homicide sentence in the 1-to-3-year range of AS 12.55.125(d)(1) is not on that list; that prisoner may be considered for discretionary parole after serving at least one-fourth of the active term (AS 33.16.090(b)(4)), and (d)(1) allows a suspended imposition of sentence conditioned on an active term within the range. A prisoner who follows the facility's rules is entitled to a deduction of one-third of the term under AS 33.20.010(a), except a prisoner sentenced to a mandatory 99-year term, to a definite term under AS 12.55.125(l), for certain sexual felonies under AS 12.55.125(i), or for an unclassified felony under AS 11.41.100 or 11.41.110. A 99-year sentence under AS 12.55.125(l) also carries no discretionary parole (AS 33.16.090(a)(1)(A)).

Registration. Alaska's registration statute provides that "A sex offender or child kidnapper who is physically present in the state shall register" (AS 12.63.010(a)). The list of sex offenses in AS 12.63.100(7) does not include manslaughter or criminally negligent homicide; its only hook in AS 11.41.100 to 11.41.130 is murder committed during a sexual offense.

Recent changes

HB 239 of the 34th Legislature became law without the governor's signature on June 18, 2026, as chapter 9 SLA 2026, and took effect July 1, 2026 (bill history). It did not amend the manslaughter or criminally negligent homicide sections. It did:

• make failing to render reasonable assistance in an accident resulting in death a class A felony, and in an accident resulting in injury a class B felony (AS 28.35.060(c), (d)), for offenses committed on or after July 1, 2026;
• raise the child-victim age in the 2 to 4 year presumptive range for criminally negligent homicide from under 16 to under 18 (AS 12.55.125(d)(2)(A)), for conduct on or after July 1, 2026;
• raise the same age in the second-degree murder provision for a criminally negligent child death by a prior offender (AS 11.41.110(a)(5));
• add AS 12.55.127(c)(4), requiring a consecutive term for a crime under AS 28.35.050 or 28.35.060 sentenced together with criminally negligent homicide or criminally negligent homicide of an unborn child, for offenses on or after July 1, 2026.

Conduct before July 1, 2026 is sentenced under the earlier versions of these provisions.

Earlier, HB 66 of the 33rd Legislature (chapter 11 SLA 2024), effective January 1, 2025 for offenses on or after that date, narrowed manslaughter under AS 11.41.120(a)(3) to schedule IVA deliveries in violation of AS 11.71.030 or 11.71.040(a)(1) and made a death from a delivery in violation of AS 11.71.010 or 11.71.021 second-degree murder (AS 11.41.110(a)(6)), with the affirmative defense in AS 11.41.110(b) (enrolled HB 66).

Alaska court decisions on manslaughter

• Neitzel v. State, 655 P.2d 325 (Alaska App. 1982): the Court of Appeals held that the code's exclusion of intoxication evidence on the issue of recklessness does not violate due process.
• Bottcher v. State, Op. No. 2324 (Alaska App. 2011): in a manslaughter sentencing appeal, the court recorded that the legislature increased the presumptive range for a first felony offender convicted of manslaughter from five years to seven to eleven years.

Federal law, 18 U.S.C. 1112, separately covers manslaughter on federal land and in other federal jurisdictions; the manslaughter laws hub explains it.

Related pages

• Manslaughter laws by state
• Alaska felony and misdemeanor classes
• Alaska DUI laws
• Alaska hit-and-run laws
• The difference between murder, homicide and manslaughter

This article provides general legal information about Alaska law as of 2026-10-18. It is not legal advice. For a specific situation, contact a lawyer licensed in Alaska.

Last updated: 2026-10-18.

Frequently Asked Questions

Is manslaughter a felony in Alaska?

Yes. Manslaughter under AS 11.41.120 is a class A felony, and criminally negligent homicide under AS 11.41.130 is a class B felony. AS 11.41.100 to 11.41.170 contain no misdemeanor homicide offense.

What is the sentence for manslaughter in Alaska?

Up to 20 years (AS 12.55.125(c)). For a first felony conviction the presumptive range is 7 to 11 years where the defendant caused serious physical injury or death during the offense, possessed a firearm or used a dangerous instrument, among other listed circumstances, and 4 to 7 years otherwise; 10 to 14 years for a second felony conviction and 15 to 20 for a third. The court can adjust a presumptive range under AS 12.55.155 to 12.55.175.

What is the difference between voluntary and involuntary manslaughter in Alaska?

Alaska does not use those labels. Its manslaughter statute covers intentional, knowing and reckless killings not amounting to murder (AS 11.41.120(a)(1)), and heat of passion is a defense to certain murder charges under AS 11.41.115 rather than a separate offense. A death caused with criminal negligence is criminally negligent homicide (AS 11.41.130).

What is the charge for a DUI death in Alaska?

Alaska has no DUI manslaughter or vehicular homicide statute. A death caused by an impaired or reckless driver is charged as manslaughter (AS 11.41.120, class A felony) or criminally negligent homicide (AS 11.41.130, class B felony), or, where the driving manifests an extreme indifference to the value of human life, as second-degree murder (AS 11.41.110(a)(2)). Driving under the influence by itself is a class A misdemeanor, or a class C felony with the prior convictions listed in AS 28.35.030(n).

What is criminally negligent homicide in Alaska?

Causing the death of another person with criminal negligence (AS 11.41.130). Criminal negligence means failing to perceive a substantial and unjustifiable risk, where the failure is a gross deviation from the standard of care a reasonable person would observe (AS 11.81.900(a)(4)). It is a class B felony with a maximum of 10 years.

Is aiding a suicide manslaughter in Alaska?

Yes. A person who intentionally aids another person to commit suicide commits manslaughter under AS 11.41.120(a)(2), a class A felony.

Is leaving the scene of a fatal crash a felony in Alaska?

For offenses committed on or after July 1, 2026, failing to render reasonable assistance in an accident resulting in death is a class A felony (AS 28.35.060(d)). The provision does not apply to a person incapacitated by the accident to the extent the person is physically incapable of complying. Other failures under AS 28.35.060, such as not giving name, address and vehicle license number, are punishable by up to one year, a fine of up to $500, or both (AS 28.35.060(b)).

Does Alaska ban the gay or trans panic defense?

No Alaska statute addresses it. AS 11.41.115(f)(2) defines serious provocation and states that insulting words, insulting gestures, or hearsay reports of conduct engaged in by the intended victim do not, alone or in combination with each other, constitute serious provocation.

Is parole available for manslaughter in Alaska?

A prisoner serving a single sentence within or below a class A presumptive range under AS 12.55.125(c) is not eligible for discretionary parole unless a three-judge panel allowed it under AS 12.55.175 (AS 33.16.090(a)(1)(D)). For a first-felony criminally negligent homicide sentence in the 1-to-3-year range of AS 12.55.125(d)(1), which that bar does not list, discretionary parole may be considered after at least one-fourth of the active term (AS 33.16.090(b)(4)). Good time of one-third of the term is generally available under AS 33.20.010(a), except for the categories that section lists, including a 99-year sentence under AS 12.55.125(l).

Do people convicted of manslaughter have to register in Alaska?

Alaska’s registration law (AS 12.63.010) applies to sex offenders and child kidnappers. Its list of sex offenses in AS 12.63.100(7) does not include manslaughter or criminally negligent homicide.