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(a) A person may not be prosecuted for a violation of AS 11.71.040(a)(3), (4), or (12), 11.71.050(a)(4) or (5), or 11.71.060(a)(1) or (2) if that person
(1) sought, in good faith, medical or law enforcement assistance for another person who the person reasonably believed was experiencing a drug overdose and
(A) the evidence supporting the prosecution for an offense under AS 11.71.040(a)(3), (4), or (12), 11.71.050(a)(4) or (5), or 11.71.060(a)(1) or (2) was obtained or discovered as a result of the person seeking medical or law enforcement assistance;
(B) the person remained at the scene with the other person until medical or law enforcement assistance arrived; and
(C) the person cooperated with medical or law enforcement personnel, including by providing identification;
(2) was experiencing a drug overdose and sought medical assistance, and the evidence supporting a prosecution for an offense under AS 11.71.040(a)(3), (4), or (12), 11.71.050(a)(4) or (5), or 11.71.060(a)(1) or (2) was obtained as a result of the overdose and the need for medical assistance.
(b) In this section, “drug overdose” means a controlled-substance-induced physiological event that results in a life-threatening emergency to the person who ingested, inhaled, injected, or otherwise introduced the controlled substance into the body.
Cite this article: FindLaw.com - Alaska Statutes Title 11. Criminal Law § 11.71.311. Restriction on prosecution for certain persons in connection with a drug overdose - last updated April 21, 2021 | https://codes.findlaw.com/ak/title-11-criminal-law/ak-st-sect-11-71-311.html
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