HB71 OBSTRUCTION OF CERTAIN PUBLIC PLACES | Alaska Bill

Plain English Breakdown

The official text defines penalties but does not specify prison terms beyond the fine/imprisonment limits mentioned in Section 2, which are general chapter limits rather than specific sentencing guidelines for this new crime.

Alaska Law on Blocking Public Places

This law makes it a crime to block public places and sets specific amounts of money that people must pay in civil court if their actions cause harm or death.

What This Bill Does

Creates the crime of obstruction of a public place for knowingly dropping substances that risk injury or blocking areas by other means.
Sets the penalty as a class C felony if the act risks physical injury, blocks access to government services, or stops emergency responders.
Sets the penalty as a class A misdemeanor for cases not meeting the stricter conditions above.
Requires people who block public places to pay specific amounts of money in civil court: $10,000 for minor rights violations, $50,000 for property damage, $100,000 for bodily injury, and $500,000 for death.
Allows courts to order people outside Alaska to face legal action if they knew their actions would likely cause a blockage inside the state.

Who It Names or Affects

People who knowingly drop substances or block public places without permission.
Individuals whose passage is obstructed, including those suffering injury, property damage, or death.
People who aid, encourage, or authorize obstruction with actual malice.

Terms To Know

Class C felony: A serious crime that carries heavier punishment than a misdemeanor but is less severe than the highest level of felonies.
Actual malice: Knowing or recklessly ignoring that words or actions will cause an illegal blockage of a public place.
Strict liability: Being legally responsible for damages even if the person did not intend to cause harm, as long as they broke the law regarding obstruction.

Limits and Unknowns

The law does not apply to blocking authorized by a permit from a state agency or city.
Service vehicles like buses and garbage trucks are allowed brief stops while working.
This act only applies to offenses committed on or after July 1, 2025.

Official Summary Text

OBSTRUCTION OF CERTAIN PUBLIC PLACES
An Act relating to obstruction; and providing for an effective date.

Current Bill Text

Read the full stored bill text

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HOUSE BILL NO. 71

IN THE LEGISLATURE OF THE STATE OF ALASKA

THIRTY-FOURTH LEGISLATURE - FIRST SESSION

BY THE HOUSE RULES COMMITTEE BY REQUEST OF THE GOVERNOR

Introduced: 1/27/25
Referred: Transportation, Judiciary

A BILL

FOR AN ACT ENTITLED

"An Act relating to obstruction; and providing for an effective date." 1
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 2
* Section 1. AS 02.20.050 is amended by adding a new subsection to read: 3
(e) A person who violates this section is guilty of 4
(1) a class C felony if the conduct 5
(A) creates a substantial risk of physical injury to another 6
person; or 7
(B) interferes with a firefighting, medical, or other emergenc y 8
response; or 9
(2) a class A misdemeanor. 10
* Sec. 2. AS 02.20.060(b) is amended to read: 11
(b) A person who violates [TH IS CHAPTER, OR] a regulation adop ted under 12
this chapter [,] is punishable, upon conviction, for each offen se by a fine of not more 13
than $500, or by imprisonment for not more than six months, or by both. 14
* Sec. 3. AS 09.65 is amended by adding a new section to read: 15
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Sec. 09.65.360. Civil liability for obstruction of free passage in public 1
places. (a) In addition to other civil damages and criminal penalties provided by law, a 2
person who obstructs a public place in violation of AS 02.20.05 0, AS 11.61.155, or 3
AS 38.05.128 is strictly liable in a civil action to another pe rson whose passage is 4
obstructed for no less than the following damages for each incident: 5
(1) $10,000 to a person who suffers only nominal damages; 6
(2) $50,000 to a person who suffers injury to property; 7
(3) $100,000 to a person who suffers bodily injury; and 8
(4) $500,000 to a person who suffers death. 9
(b) A person is jointly and severally liable for the conduct o f another person 10
under (a) of this section if the person with actual malice dire ctly or indirectly, by 11
words or action, aids, encourages, or authorizes the conduct, including by 12
(1) participating in the conduct; 13
(2) directing, advising, or soliciting another person to engag e in or 14
participate in the conduct; or 15
(3) conspiring to engage in the conduct. 16
(c) The liability of a person for damages under this section i s in addition to 17
liability for an award of full reasonable attorney fees and costs to a prevailing party. 18
(d) A plaintiff under this sec tion may be entitled to temporar y and permanent 19
injunctive relief. 20
(e) A court of this state has personal jurisdiction over a per son outside the 21
state who is liable under (b) of this section if the person kne w or had reason to know 22
that the person's acts or omissions were likely to lead to the obstruction of a public 23
place in the state. 24
(f) Nothing in this section authorizes a cause of action agains t the state, a 25
political subdivision of the state, or an employee or agent of the state or a political 26
subdivision. 27
(g) In this section, 28
(1) "actual malice" means a person knows or recklessly disrega rds that 29
the person's actions or words will result in unlawful obstruction of a public place; 30
(2) "nominal damages" means the infraction of a legal right un der the 31
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section that does not result in death, bodily injury, or injury to property. 1
* Sec. 4. AS 11.61 is amended by adding a new section to read: 2
Sec. 11.61.155. Obstruction of a public place. (a) A person commits the 3
crime of obstruction of a public place if the person knowingly 4
(1) causes or allows a substance to drop on a public place that creates a 5
substantial risk of physical injury to another person; or 6
(2) obstructs or blocks a public place by any other means. 7
(b) It is an affirmative defense to a prosecution under (a)(1) of this section that 8
(1) the defendant took reasonabl e steps to remove the substanc e from 9
the public place; and 10
(2) no person suffered physical injury as a result of the pres ence of the 11
substance on the public place. 12
(c) This section does not apply to 13
(1) the obstruction or blocking of a public place authorized b y a permit 14
issued by a state agency or municipality of the state; 15
(2) a service vehicle, including a bus, garbage truck, or tow truck, 16
making brief stops on a highway in the performance of its service; or 17
(3) conduct otherwise authorized by law or the person in charg e of the 18
premises. 19
(d) Obstruction of a public place is 20
(1) a class C felony if 21
(A) the person violates (a)(1) of this section; or 22
(B) the conduct 23
(i) creates a substantial risk of physical injury to another 24
person; 25
(ii) substantially interferes with a person's access to a 26
public place that renders governmental or judicial services; or 27
(iii) interferes with a firefighting, medical, or other 28
emergency response; or 29
(2) a class A misdemeanor. 30
* Sec. 5. AS 38.05.128(f) is amended to read: 31
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(f) A violation of (a) of this section is a 1
(1) class C felony if the conduct 2
(A) creates a substantial risk of physical injury to another 3
person; or 4
(B) interferes with a firefighting, medical, or other 5
emergency response: or 6
(2) class A [B] misdemeanor. 7
* Sec. 6. AS 11.61.150 and AS 28.35.140(a) are repealed. 8
* Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 9
read: 10
APPLICABILITY. This Act applies to offenses committed on or aft e r t h e e f f e c t i v e 11
date of this Act. 12
* Sec. 8. This Act takes effect July 1, 2025. 13