Current through Chapter 61 of the 2024 Legislative Session and 2024 Executive Orders 125, 133 through 135
Section 12.47.130 - DefinitionsIn 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.Amended by SLA 2013, ch. 42,sec. 2, eff. 9/1/2013.