Alaska Statutes §§ 11.41.260–.270 establish the laws for stalking in the first and second degree. Under § 11.41.270, a person commits stalking in the second degree by knowingly engaging in a course of nonconsensual conduct that recklessly places another in fear of death, physical injury to themselves or a family member.
This was a review of a sentence imposed by a trial magistrate at the request of the regional magistrate. In the opinion of the regional magistrate, the sentence imposed by the trial magistrate was too harsh and a community service sentence would have been just in the case. The accused was charged with physical abuse as defined under the DVA. The 20-year-old accused assaulted the complainant, his18-year-old wife, over a denial of conjugal rights. He was sentenced to two months’ imprisonment with a further two months suspended.
