Gang Laws and Penalties in Alaska
Contents
Gang Laws and Penalties in Alaska
Gangs are a big problem in many parts of the country, including Alaska. Gang activity often leads to increased crime and violence. To try to combat this, Alaska has passed various laws related to criminal gangs and gang activities.
This article will provide an overview of gang laws in Alaska, including penalties for gang-related crimes. We’ll also look at some of the pros and cons of these laws, and discuss their implications.
Definition of a Gang
Alaska law defines a “criminal street gang” as:
An ongoing group, club, organization, or association of three or more persons who commit criminal offenses, who have in common a name, identifying sign, symbol or other physical characteristic, and whose members individually or collectively engage in or have engaged in a pattern of criminal street gang activity.
This definition is important because it establishes what qualifies as a gang under Alaska law. The key elements are:
- 3 or more people
- Ongoing association
- Common name, sign, symbol, etc.
- Pattern of criminal activity
So if a group meets these criteria, they can be considered a criminal street gang in Alaska and be subject to gang-related charges and penalties.
Under Alaska Statute 12.55.137, if someone commits a Class B misdemeanor “for the benefit of, at the direction of, or in association with a criminal street gang,” the penalties are increased.
Normally, a Class B misdemeanor in Alaska carries a maximum penalty of 90 days in jail and a $2,000 fine. But under this statute, the penalties are enhanced as follows:
- 90 days minimum jail time (up to 1 year max)
- $5,000 minimum fine (up to $10,000 max)
So gang membership can significantly increase the penalties even for relatively minor crimes like petty theft, criminal mischief, disorderly conduct, etc.
In addition to enhanced penalties for misdemeanors, Alaska law also provides increased penalties for certain felony offenses committed for the benefit of a gang.
For example, under Alaska Statute 12.55.015, if a felony offense is gang-related, the court can impose an additional penalty of up to 5 years of imprisonment and a $20,000 fine.
There are also crimes specifically defined in relation to gang activity, such as recruiting juveniles into a gang, which is a Class C felony punishable by up to 5 years imprisonment and a $50,000 fine.
Civil Damages
Under Alaska Statute 12.55.137, if a person suffers injury or property damage as a result of gang-related criminal conduct, they can sue the gang members involved for up to three times the actual damages sustained.
This provides victims a way to recover monetary damages through a civil lawsuit if they have been harmed by criminal gang activity.
Asset Forfeiture
Alaska law also allows assets like money, vehicles, property, etc. used by or obtained through criminal gang activity to be seized and forfeited through a civil proceeding, even if no one is convicted of the underlying crime.
The asset forfeiture laws are quite broad and controversial, but potentially allow law enforcement to disrupt gang operations by taking away resources used to facilitate gang activities.
Pros and Cons of Gang Laws
Alaska’s gang laws seek to deter gang-related crime and provide additional penalties for gang members. But like any laws, they also raise questions and concerns. Some of the pros and cons include:
Pros
- Increased penalties act as a deterrent for joining or participating in gangs
- Allows victims to recover damages through civil lawsuits
- Provides tools for law enforcement to disrupt gang operations
- Sends a message that gang crime will be taken seriously
Cons
- Harsher penalties could disproportionately impact minorities
- Broad asset forfeiture powers could lead to abuse
- May not address root causes of gang membership and activity
- Legal definition of a gang could be applied arbitrarily
As with any attempt to address a complex social problem like gangs through legislation, there are reasonable arguments on both sides. There are likely improvements that could be made to Alaska’s laws, but they do provide law enforcement and prosecutors with additional tools to combat gangs and gang-related crime.
Legal Defenses
If you are facing charges related to gang activity in Alaska, some possible legal defenses to consider include:
- Mistaken identity – Argue you are not actually a member of the alleged gang
- Association rights – Challenge that your mere association with known gang members is not enough to prove involvement in criminal activity
- Unlawful search – Seek to have evidence suppressed that was obtained through an illegal search by police
- Entrapment – Argue that you were induced by police to commit crimes you otherwise wouldn’t have
A skilled criminal defense attorney may be able to negotiate reduced charges or get charges dismissed altogether by raising effective legal defenses.
Conclusion
Gang activity is a major concern in Alaska leading to increased criminal laws and penalties. While these laws seek to deter crime, their impact remains debatable. The legal system must strike a balance between reducing gang violence and preserving individual rights. For anyone facing gang-related charges, consulting with an attorney to understand your defenses is highly recommended.