(a) Except as provided in (d) of this section, a person is guilty of a class A misdemeanor if the person with criminal negligence

Attorney's Note

Under the Alaska Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
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 and Alaska Stat. § 12.55.135
lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Alaska Statutes 46.03.790

  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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
(1) violates a provision of this chapter, Alaska Stat. Chapter 46.04, Alaska Stat. Chapter 46.09, or Alaska Stat. Chapter 46.14, a regulation or order of the department, or a permit, approval, or acceptance, or a term or condition of a permit, approval, or acceptance issued under this chapter, Alaska Stat. Chapter 46.04, Alaska Stat. Chapter 46.09, or Alaska Stat. Chapter 46.14;
(2) fails to provide information or provides false information required by Alaska Stat. § 46.03.465, 46.03.475, 46.03.755, Alaska Stat. Chapter 46.04, or Alaska Stat. Chapter 46.09, or by a regulation adopted by the department under Alaska Stat. § 46.03.020(12), 46.03.460, 46.03.755, Alaska Stat. Chapter 46.04, or Alaska Stat. Chapter 46.09;
(3) makes a false statement or representation in an application, label, manifest, record, report, permit, or other document filed, maintained, or used for purposes of compliance with Alaska Stat. § 46.03.250 – 46.03.313 applicable to hazardous wastes or a regulation adopted by the department under Alaska Stat. § 46.03.250 – 46.03.313;
(4) makes a false statement, representation, or certification in an application, notice, record, report, permit, or other document filed, maintained, or used for purposes of compliance with Alaska Stat. § 46.03.460 – 46.03.475, Alaska Stat. Chapter 46.14, or a regulation adopted under Alaska Stat. § 46.03.020(12), 46.03.460, or Alaska Stat. Chapter 46.14; or
(5) renders inaccurate a monitoring device or method required to be maintained under Alaska Stat. Chapter 46.14, a regulation adopted under Alaska Stat. § 46.03.020(12) or Alaska Stat. Chapter 46.14, a permit issued by the department or a local air quality control program under Alaska Stat. Chapter 46.14, or a permit issued by the department under the program authorized by Alaska Stat. § 46.03.020(12).
(b)[Repealed, Sec. 5 ch 141 SLA 1990].
(c) Each day on which a violation described in this section occurs is considered a separate violation.
(d) Notwithstanding (a) of this section, a person who with criminal negligence discharges oil in violation of Alaska Stat. § 46.03.740 or who, when required by an oil discharge to comply with the provisions of an oil discharge contingency plan approved under Alaska Stat. § 46.04.030, with criminal negligence fails to comply with the plan is guilty of

(1) a class C felony if the oil discharge is 10,000 barrels or more;
(2) a class A misdemeanor if the oil discharge is less than 10,000 barrels.
(e)[Repealed, Sec. 5 ch 141 SLA 1990].
(f)[Repealed, Sec. 5 ch 141 SLA 1990].
(g) Notwithstanding Alaska Stat. § 12.55.035(b), upon conviction of a violation of a regulation adopted under Alaska Stat. § 46.03.020(12) or of a violation related to Alaska Stat. Chapter 46.14 and described in (a) of this section, a defendant who is not an organization may be sentenced to pay a fine of not more than $10,000 for each separate violation.
(h) Notwithstanding (a) and (d) of this section, a person is guilty of a class A misdemeanor if the person negligently

(1) violates a regulation adopted by the department under Alaska Stat. § 46.03.020(12);
(2) violates a permit issued under the program authorized by Alaska Stat. § 46.03.020(12);
(3) fails to provide information or provides false information required by a regulation adopted under Alaska Stat. § 46.03.020(12);
(4) makes a false statement, representation, or certification in an application, notice, record, report, permit, or other document filed, maintained, or used for purposes of compliance with a permit issued under or a regulation adopted under Alaska Stat. § 46.03.020(12); or
(5) renders inaccurate a monitoring device or method required to be maintained by a permit issued under or a regulation adopted under Alaska Stat. § 46.03.020(12).
(i) In this section,

(1) “barrel” has the meaning given in Alaska Stat. § 46.04.900;
(2) “criminal negligence” has the meaning given in Alaska Stat. § 11.81.900.
  Previous section
Next section  
 Article 9 Contents