(a) A person commits the crime of driving while texting, while communicating on a computer, or while a screen device is operating if the person is driving a motor vehicle, and

Attorney's Note

Under the Alaska Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class A felonyup to 20 yearsup to $250,000
Class B felonyup to 10 yearsup to $100,000
Class C felonyup to 5 yearsup to $50,000
Class A misdemeanorup to 1 yearup to $25,000
For details, see Alaska Stat. § 12.55.125(c), Alaska Stat. § 12.55.125 and Alaska Stat. § 12.55.135
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Terms Used In Alaska Statutes 28.35.161

  • department: means the Department of Administration. See Alaska Statutes 28.90.990
  • driver: means a person who drives or is in actual physical control of a vehicle. See Alaska Statutes 28.90.990
  • highway: means the entire width between the boundary lines of every way that is publicly maintained when a part of it is open to the public for purposes of vehicular travel, including but not limited to every street and the Alaska state marine highway system but not vehicular ways or areas. See Alaska Statutes 28.90.990
  • motor vehicle: means a vehicle which is self-propelled except a vehicle moved by human or animal power. See Alaska Statutes 28.90.990
  • municipality: means a political subdivision incorporated under the laws of the state that is a home rule or general law city, a home rule or general law borough, or a unified municipality. See Alaska Statutes 01.10.060
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • physical injury: has the meaning given in Alaska Stat. See Alaska Statutes 28.90.990
  • serious physical injury: has the meaning given in Alaska Stat. See Alaska Statutes 28.90.990
  • vehicle: means a device in, upon, or by which a person or property may be transported or drawn upon or immediately over a highway or vehicular way or area. See Alaska Statutes 28.90.990
(1) the vehicle has a television, video monitor, portable computer, or any other similar means capable of providing a visual display that is in full view of a driver in a normal driving position while the vehicle is in motion, and the monitor or visual display is operating while the person is driving; or
(2) the person is reading or typing a text message or other nonvoice message or communication on a cellular telephone, personal data assistant, computer, or any other similar means capable of providing a visual display that is in the view of the driver in a normal driving position while the vehicle is in motion and while the person is driving.
(b) A person may not install or alter equipment described in (a) of this section that allows the images to be viewed by the driver in a normal driving position while the vehicle is in motion.
(c) Subsections (a) and (b) of this section do not apply to

(1) portable cellular telephones or personal data assistants being used for voice communication or displaying caller identification information;
(2) equipment that is displaying only

(A) audio equipment information, functions, and controls;
(B) vehicle information or controls related to speed, fuel level, battery charge, and other vehicle safety or equipment information;
(C) navigation or global positioning;
(D) maps;
(E) visual information to

(i) enhance or supplement the driver’s view forward, behind, or to the sides of the motor vehicle for the purpose of maneuvering the vehicle; or
(ii) allow the driver to monitor vehicle occupants seated behind the driver;
(F) vehicle dispatching and response information for motor vehicles providing emergency road service or roadside assistance;
(G) vehicle dispatching information for passenger transport or freight or package delivery;
(H) information for use in performing highway construction, maintenance, or repair or data acquisition by the Department of Transportation and Public Facilities or a municipality; or
(I) information for use in performing utility construction, maintenance, repair, or data acquisition by a public utility; in this subparagraph, “public utility” has the meaning given in AS 42.05.990.
(d) Subsections (a) and (b) of this section do not apply to devices and equipment installed in an emergency vehicle, whether removable or permanently installed, or to the viewing of authorized screen devices by police, fire, or emergency medical service personnel if the user of the equipment or device reasonably believes the information on the device is necessary to respond to a health, safety, or criminal matter. In this subsection, “emergency vehicle” means a police, fire, or emergency medical service vehicle.
(e) It is an affirmative defense to a prosecution under (b) of this section that the equipment installed or altered includes a device that, when the motor vehicle is being driven, disables the equipment for all uses except those described in (c) of this section.
(f) A person who violates (a) of this section is guilty of

(1) a violation and shall be punished as provided in Alaska Stat. Chapter 12.55 , unless any of the circumstances described in (2) – (4) of this subsection apply;
(2) a class C felony if the person’s driving causes physical injury to another person;
(3) a class B felony if the person’s driving causes serious physical injury to another person;
(4) a class A felony if the person’s driving causes the death of another person.
(g) A person who violates (b) of this section is guilty of a class A misdemeanor.
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