Alaska Stat. § 12.47.130

Current through Chapter 3 of the 2024 Legislative Session
Section 12.47.130 - Definitions

In this chapter,

(1) "affirmative defense" has the meaning given in AS 11.81.900(b);
(2) "assist in the defendant's own defense" means to consult with a lawyer while exercising a reasonable degree of rational functioning;
(3) "culpable mental state" has the meaning given in AS 11.81.900(b);
(4) "incompetent" means a defendant is unable to understand the proceedings against the defendant or to assist in the defendant's own defense;
(5) "mental disease or defect" means a disorder of thought or mood that substantially impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life; "mental disease or defect" also includes intellectual and developmental disabilities that result in significantly below average general intellectual functioning that impairs a person's ability to adapt to or cope with the ordinary demands of life;
(6) "understand the proceedings against the defendant" means that the defendant's elementary mental process is such that the defendant has a reasonably rational comprehension of the proceedings.

AS 12.47.130

Amended by SLA 2013, ch. 42,sec. 2, eff. 9/1/2013.