Violence in the Workplace Law Summaries

Violence in the Workplace Law Summaries

Alaska, Violence in the Workplace Law Summaries

The state's stalking and concealed weapons laws are located in the Alaska Statutes at Secs. 11.61.220 and 11.41.270. The state's deadly force law is located at Sec. 11.81.335.

DEFINITIONS

“Course of conduct” means repeated acts of nonconsensual contact involving the victim or a family member.

“Nonconsensual contact” means any contact with another person that is initiated or continued without that person's consent, that is beyond the scope of the consent provided by that person, or that is in disregard of that person's expressed desire that the contact be avoided or discontinued. Nonconsensual contact includes:

1. Following or appearing within the sight of that person;

2. Approaching or confronting that person in a public place or on private property;

3. Appearing at the workplace or residence of that person;

4. Entering onto or remaining on property owned, leased, or occupied by that person;

5. Contacting that person by telephone;

6. Sending mail or electronic communications to that person; or

7. Placing an object on, or delivering an object to, property owned, leased, or occupied by that person.

WHAT THE EMPLOYER MUST DO

Stalking laws.- A person commits the crime of stalking by knowingly engaging in a course of conduct that recklessly places another person in fear of death or physical injury, or in fear of the death or physical injury of a family member.

Carrying concealed weapons.- In Alaska, it is unlawful to: (1) knowingly possess a deadly weapon, other than an ordinary pocket knife or defensive weapon, that is concealed on the person; (2) knowingly possess a loaded firearm on the person in any place where intoxicating liquor is sold for consumption on the premises; (3) being an unemancipated minor under 16 years of age, possess a firearm without the consent of a parent or guardian of the minor; (4) knowingly possess a firearm within the grounds of or on a parking lot immediately adjacent to a center, other than a private residence, licensed or recognized by the federal government as a child care facility; or (5) possess or transport a switchblade or a gravity knife.

It is not unlawful to possess a concealed deadly weapon: (1) in one's own house, on one's own land (owned or leased); (2) while engaged in lawful hunting, fishing, trapping or other lawful outdoor activity that necessarily involves the carrying of a weapon for personal protection; (3) if one is the holder of a valid permit to carry a concealed handgun, the weapon concealed was a handgun and the possession did not occur in a municipality or established village in which the possession of concealed handguns is prohibited; or on one's own business premises (owned or leased) or on one's business premises in the course of employment for the owner or lessee of those premises.

The prohibitions do not apply to peace officers acting within the scope and authority of their employment.

Possession of firearms in motor vehicles.- Notwithstanding any other provision of law, the state, a municipality, or a person may not adopt or enforce a law, ordinance, policy, or rule that prohibits or has the effect of prohibiting an individual from possessing a firearm while that individual is within a motor vehicle or prohibiting an individual from storing a firearm that is locked in the individual's motor vehicle while the motor vehicle is otherwise legally parked in or on state or municipal property or another person's property. This section applies only to possession of a firearm by an individual who may legally possess a firearm under state and federal law (Sec. 18.65.800(a), as added by Ch. 82 (H. 184), L. 2005).

Notwithstanding Sec. 18.65.800(a) just above, an employer or its agent may prohibit the possession of firearms within a secured restricted access area, in a vehicle owned, leased, or rented by the employer or its agent or in a parking lot owned or controlled by the employer within 300 feet of the secured restricted access area that does not include common areas of ingress and egress open to the general public. The employer or its agent shall post conspicuous notice of the prohibition against possession of firearms at each entrance to the restricted access area and affected parking area (Sec. 18.65.800(d), as added by Ch. 82 (H. 184), L. 2005).

Municipalities.- Municipalities may enact and enforce ordinances prohibiting the possession of firearms in the restricted access area of municipal government buildings; the municipal assembly shall post notice of the prohibition against possession of firearms at each entrance to the restricted access area (Sec. 29.35.145, as amended by Ch. 82 (H. 184), L. 2005).

Use of deadly force.- Except as provided in Sec. 11.81.335(b) just below, a person who is justified in using nondeadly force in self-defense under Sec. 11.81.330 may use deadly force in self-defense upon another person when and to the extent the person reasonably believes the use of deadly force is necessary for self-defense against (Sec. 11.81.335(a), as amended by Ch. 68 (S. 200), L. 2005, enacted June 15, 2006):

1. death;

2. serious physical injury;

3. kidnapping, except for what is described as custodial interference in the first degree;

4. sexual assault in the first degree;

5. sexual assault in the second degree;

6. sexual abuse of a minor in the first degree; or

7. robbery in any degree.

A person may not use deadly force under this section if the person knows that, with complete personal safety and with complete personal safety as to others being defended, the person can avoid the necessity of using deadly force by leaving the area of the encounter, except there is no duty to leave the area if the person is (1) on premises (a) that the person owns or leases; (b) where the person resides; (c) as a guest or agent of the owner, lessor, or resident; (2) a peace officer acting within the scope and authority of the officer's employment or a person assisting a peace officer under Sec. 11.81.380; (3) in a building where the person works in the ordinary course of the person's employment; or (4) protecting a child or a member of the person's household (Sec. 11.81.335(b), as amended by Ch. 68 (S. 200), L. 2005, enacted June 15, 2006).

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Alaska, Violence in the Workplace Law Summaries

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