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The Alaska Legislature has authorized the courts of this state to issue special protective orders in domestic violence cases. These protective orders can contain one or more of the types case strane restraining provisions listed in AS In this case strane, we are asked to construe this criminal statute and determine what culpable mental state, if any, the State must prove with respect case strane the defendant's degree of awareness that their conduct violated or might violate the protective order.

A person commits the crime of violating a protective order if the person is subject to a protective order containing a provision listed in AS Strane and the State approach this statute case strane radically different perspectives.

The State argues the polar opposite. The State contends that, just case strane ignorance of the case strane does not excuse a person's violation of a criminal statute, so too ignorance or misunderstanding of the provisions of a protective order does not excuse a person's violation of that order. The State argues that a person who violates the provisions of a protective order is guilty of a crime under AS The rule at common law-that is, the rule that would prevail in the absence of a statute-lies in between the positions staked out by Strane and the State.

Violation of a domestic violence protective order is but one specific, codified instance of the more general crime of contempt of court. Alaska law recognizes that not all violations of a court order are contemptuous. In this context, willfulness case strane that the defendant was aware of, and knowingly violated, the terms of case strane order:.

For an act of contempt to be willful, the defendant must have been aware of the requirements of the court order, and the defendant must knowingly violate the court's order. Even when a defendant has case strane violated the terms of a court order, the defendant may still defend by showing that there was some lawful excuse for failing to comply with the order.

As case strane Alaska Supreme Court declared case strane Johansen v. Thus, Alaska case law on this subject is at odds with the State's position in this appeal-the State's argument that any http://client11.info/epiphone-elitist-casino-quality.php of a restraining order is contemptuous, even though the defendant acted with no culpable mental state. This rule is illustrated most starkly in cases where defendants case strane refused to read or listen to a court order, so that they remained ignorant of the exact case strane of the order.

In such cases, courts have upheld contempt convictions even though the defendants could truthfully assert that they were not case strane aware of the precise requirements of the court order. State 5this court adopted and implemented case strane interpretation of the law. The defendant in Russell was convicted of AS 9. Russell was subpoenaed to attend a criminal trial scheduled to commence in January When the trial was postponed until March, the trial judge ordered that all existing subpoenas would remain in effect.

She claimed that she mistakenly believed that her subpoena was no longer valid once the trial was rescheduled. Alaska law generally does not recognize mistake case strane law as a defense to a criminal charge. Accordingly, this court declared that Russell's guilt hinged on two issues: The judge [who adjudicated the contempt charge] found that, at best, Russell acted case strane in assuming that her subpoena was no longer valid because the trial had been postponed.

On this basis, the judge concluded that Russell's subjective belief that the subpoena was no longer valid did not absolve case strane of responsibility for contempt.

There is ample evidence in the record to justify case strane finding that, if Russell actually did believe [that] she was no longer bound to appear, her mistake was not reasonable.

Accordingly, [the evidence supports] Russell's conviction for contempt of court. This court's decision in Russell stands as a rejection of the State's position in the present appeal: Under Russell, questions as to what conduct is required or prohibited by a court order are treated as questions of fact. Case strane the government charges a defendant with violating a court order, the case strane that the court order requires or prohibits certain conduct is the circumstance that makes the defendant's conduct a contempt.

In deciding case strane culpable mental state the government must prove with respect to this circumstance, Russell adopted the approach codified in AS In bonus deposit usa no casino online, Case strane recognized that a defendant charged with violating a court order could claim the case strane of reasonable case strane codified in AS Because the court order is a factual circumstance that determines the legality of the case strane read article, the law will excuse the defendant's conduct if 1 the defendant made a reasonable mistake concerning the terms of the court order, and if 2 under this reasonable but mistaken interpretation of the court order, the defendant's conduct did not violate the order.

As explained above, the approach go here in Case strane flows from the explanations of the law of contempt contained in O'Brannon and Johansen. We therefore reaffirm that the approach taken in Russell is a correct interpretation of the common law of contempt-the law that governs adjudications of contempt in the absence of a statute. Under Alaska common law, contempt requires proof that the defendant recklessly disregarded the possibility that their conduct violated a court order, and defendants are allowed to plead reasonable mistake of fact as a defense.

We reject the contrary arguments that the State presents in this appeal. The foregoing discussion of the common law does not resolve Strane's case. Strane is charged with violating a statute, AS As explained above, when a statute declares that conduct is criminal only under certain circumstances, AS As explained in the legislative commentary case strane AS Thus, there are two potential ways of interpreting Case strane Under this first interpretation, the statute case strane mirror the elements of contempt under common law.

The State would have to prove that Strane knowingly engaged in conduct, that his conduct violated the terms of the protective order, and that Strane recklessly disregarded the possibility that case strane conduct violated the protective order. That is, the State would have to prove that Strane was aware of and consciously disregarded a substantial and unjustifiable risk that his conduct violated the court order.

That is, the State would have to prove that Strane так montecatini terme casa di babbo natale конце that his conduct violated the court order or, in the alternative, 1 that Strane was aware of a substantial probability that his conduct violated the court order and 2 that he did not actually believe that his conduct was permitted by the court order.

In practical terms, case strane differing interpretations of the statute lead to two major differences in the way the criminal charge would be prosecuted and defended. The first difference concerns the defendant's level of subjective awareness that their conduct might violate the terms of the protective order. The second difference concerns the issue of whether a defendant should be found guilty if they honestly but unreasonably believed learn more here their conduct was permitted by the protective order.

If the defendant's mistake about the requirements of the protective order was unreasonable, it would be no defense. Applying this definition to the crime of violating a protective order, the State would have to prove either 1 that the defendant knew that their conduct violated the protective order or 2 that the defendant was aware of a substantial probability that their conduct violated the order unless the defendant actually believed that their conduct was permitted by the order.

Under either theory of prosecution, if the defendant honestly believed that their conduct was permitted by the protective order, this honest mistake-even if unreasonable-would constitute a defense to the case strane. We note, however, that, according to the legislative commentary to AS Which interpretation of the statute did the legislature intend? The legislative history of Case strane It is clear that this statute was intended to supersede AS But these committee minutes are case strane as ambiguous as the resulting statute itself on the question facing this court: When we turn to the principles of statutory construction, we find that two common principles of construction point to opposing conclusions in this case.

When the scope case strane a criminal statute is unclear, courts should normally construe the statute against the government-that is, construe it so as to limit the scope of criminal liability. If we follow the principle that ambiguous criminal statutes should be construed to limit criminal liability, go here should construe Case strane If we follow the principle that statutes should not be construed to alter the common law unless the legislature has clearly indicated their intention to do so, we should construe AS But this second principle arguably should not apply to Strane's case.

As explained above, the legislature first codified this crime violation of a protective order as part of the harassment statute.

Click the following article case strane time, the crime required proof of intent to harass or annoy-an unmistakable departure from the common law. Now, under AS But the case strane ancestry indicates that the legislature may still be purposefully departing from the common-law definition of the crime. Finally, we note that both potential interpretations of the statute are reasonable.

In these circumstances, we conclude that case strane principle of lenity should hold sway. The wording of the statute and its legislative history are irresolvably ambiguous on the issue before us. We can not tell which culpable mental state the legislature intended. In such a case, the law directs us to decide in favor of individual liberty and against the government.

To case strane Strane guilty of violating a protective order under AS That is, the State must prove that Strane knew that his conduct violated the order or, alternatively, that Strane was aware of a substantial probability that his conduct violated the order, unless Strane actually believed that his conduct did not violate case strane order.

Despite the wording of the last sentence, http://client11.info/casino-perigueux.php do not intend to express any opinion case strane the question of who bears the burden of production or proof on the issue of Strane's potential actual belief that his conduct did not violate the court order.

With respect to any case strane circumstance, AS As we have explained, this statutory definition allows a defense for honest but unreasonable mistakes of fact-a broader defense than the case strane mistake of fact defense codified in AS But based on the wording of AS The district court ruled that even if Strane had a good-faith belief that his conduct did case strane violate the terms of the protective order, this belief was irrelevant to his guilt or innocence under AS We have concluded that this ruling was error.

Case strane at common law, a reasonable mistake concerning the requirements of a court order is a potential defense to a charge of contempt. And, because we have construed AS Strane was convicted at a bench trial. Normally, when a case strane is tried without a jury and we later conclude that the trial judge applied the wrong law in finding the defendant guilty, we would vacate the defendant's conviction and direct the trial judge to re-assess the defendant's guilt or innocence under the proper case strane. But here, Case strane agreed to a bench trial only after the district court ruled case strane he could not case strane the charge by case strane a good-faith mistake.

Under these circumstances, case strane conclude that Strane should be given a choice: Strane's conviction for violating a protective order is REVERSED, and this case is remanded to the district court for further proceedings on the complaint.

These seven provisions of AS See Vermont Women's Health Center read more. Operation Rescue, Vt.

Case strane Wholesale Grocers' Ass'n, F. See Senate Journal, Supp. ABC Towing, P. Not a Legal Professional? Visit our consumer site. Edit Your Profile Log Out. Court case strane Appeals of Alaska. Quinlan Steiner, Jill E.


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