Child Witnesses to Domestic Violence - Alaska

Circumstances That Constitute Witnessing

Citation: Alaska Stat. §§ 12.55.155; 47.10.011

In criminal law: A felony offense of domestic violence that was committed in the physical presence or hearing of a child under age 16 who was, at the time of the offense, living within the residence of the victim, the residence of the perpetrator, or the residence where the domestic violence occurred is considered an aggravating factor for sentencing purposes.

In civil law: The court may find a child to be a child in need of aid if it finds by a preponderance of evidence that the child has been subjected to conduct by or conditions created by the parent, guardian, or custodian that have resulted in mental injury to the child, or placed the child at substantial risk of mental injury, due to either of the following:

• Exposure to the crime of murder, assault, or sexual assault, or the attempt to commit these crimes by a household member against another household member
• Repeated exposure to the crime of reckless endangerment or stalking by a household member against another household member

Consequences

Citation: Alaska Stat. § 12.55.155

Domestic violence committed in the physical presence or hearing of a child under 16 years of age is considered an aggravating factor and may allow imposition of a sentence above the presumptive range set out in § 12.55.125.