Alaska Youth Law Guide: A Handbook for Teens and Young Adults This publication is a public education resource presented by the Alaska Bar Association Law-Related Education Committee to help young Alaskans understand the law and how it may affect them. You will find general information about many of the legal issues teens and young adults are likely to encounter, and some resources for getting more information or assistance. We hope you find it helpful! Please note that this is a PDF copy of the live version current as of June 2017. The PDF version is published once a year. If you need more updated information, please check the website. Important Information about Using the Alaska Youth Law Guide This guide is not a substitute for having a lawyer. It does not provide specific legal advice and you cannot rely on the information presented here to solve a legal problem for you. Every legal problem is different, and there may be something about your situation that makes the general information presented here not applicable to you. There is no attorney-client relationship between you and the staff of the Alaska Bar Association or the Law-Related Education Committee. You are strongly encouraged to seek the services of an attorney for legal advice and strategy. The information presented here was accurate to the best of the Committee’s knowledge at the time it was posted. However, laws change frequently. Therefore, some of the information you read may be inaccurate or incomplete based on changes in the law since the Guide was written. Topics Law Enforcement Entering the “Real World” (Continued) Encounters with law enforcement: Fraud and Consumer Protection -Stops Housing: -Searches -Renting an Apartment -Arrests and your rights in criminal -Roommates and subleases proceedings -Living in the Apartment -Security guards -Problems with the apartment The juvenile justice process: -Eviction -Informal proceedings -Moving out -Formal proceedings: -Public housing -Pre-adjudication Jury duty -Guardians ad litem Voting -Adjudication Student Loans & Financial Aid -Disposition -Appeal Cars and Guns -Review Adult criminal proceedings Driving in Alaska: Reentry: getting help after a prison sentence -Kinds of driver’s licenses If you are a victim of a crime -Financial responsibility and mandatory If you witness a crime insurance Behaviors that are a crimes: -Other laws related to driving -Shoplifting and theft Guns, knives, and other weapons -Leash law violations Fireworks -Vandalism and graffiti Crossing the Canadian border -Curfew violation Hunting and fishing in Alaska -Disorderly conduct -Assault -DUI Family Life -Breath test refusal Family Law Glossary of Legal Terms -Electronic Bullying Marriage Sex, Drugs, and Rock n’ Roll Divorce and dissolution: -Property division Alcohol: -Child custody -Penalties for drinking or possessing alcohol -Child support -DUI Domestic violence and stalking -Other alcohol-related crimes in Alaska Parents’ rights and responsibilities: Tobacco -Duty to support children -E-cigs (coming soon) -Right to children’s wages Narcotics and drugs: -Liability for actions of children -Marijuana Ending parental rights and responsibilities: -Synthetic drugs -Emancipation -Seeking medical help for overdose -Child in Need of Aid (CINA) procedures: -Emergency protective custody -Non-emergency temporary custody Sexual Relationships: -Termination of parental rights -Birth control -Rights in CINA cases -Same-sex relationships Guardian ad litem Sexual crimes: Reporting child abuse and neglect -Rape or sexual assault Accessing public benefits: -Statutory rape; age of consent -Alaska Temporary Assistance Program -Sexting (ATAP) Pregnancy: -Food stamps -Abortion, parental consent, and judicial -Denali Kidcare bypass of parental consent requirement -Section 8/Public Housing -Adoption -Establishing paternity School Days -Child support Tattoos, body piercing, and tanning Attendance Physicals/Vaccinations Entering the “Real World” Rights Dress Code Age of majority and emancipation Phones & Computers Going to work: Privacy & Searches -Limits on jobs minors can have Discipline: -Minimum wage and overtime -Types of discipline -Paycheck deductions -Discipline procedures -Social security numbers Electronic Bullying -Getting fired -Benefits: breaks, vacation, sick leave The Courts -Drug, alcohol and lie detector tests -Worker’s compensation and unemployment Lawsuits and non-criminal court procedures insurance The Right to Appeal -Discrimination and sexual harassment Youth Court -Pregnancy and disabilities -Family Medical Leave Act (FMLA) Registering for selective service Entering the military Money: -Contracts -Bank accounts -Credit cards -Debit cards -Credit reports Resources for Assistance Alaska Court System: Family Law Self-Help Center Alaska Legal Services Corporation www.lawhelp.org Thank You! Acknowledgements The Law-related Education Committee of the Alaska Bar Association thanks the generous contributions of the following writers and editors. Without their expertise, this Guide could not have been published. Principal Editor: Virginia Rusch Anita Alves Marie Evans Barbara Jones George Skladal Barbara Armstrong Maryann Foley Steven King Ed Sniffen Erin Bennett Ryan Fortson Kristin S. Knudsen Matthew Teaford Brooke Berens Eric Goldwarg Amy Lance Irene Tresser Jason Brandeis Nancy Gordon Stacey Marz Tom Wagner Molly Carver Joanne Grace Marilyn May Thomas V. Wang Terisia Chleborad Megyn Greider Jill McLeod Samantha Weinstein Matt Claman Carmen Gutierrez Allison Mendel Diane Wendlandt Emily Cooper Andy Harrington Antonia Moras Bruce Weyhrauch Jessica Dillon Leslie Hiebert Deb Periman Denise Wike Kathleen Doherty Lee Holen Elizabeth Perry Davyn D. Williams Thomas A. Dosik Sarah Horton Matthew Prieksat Adolf Zeman Cynthia Drinkwater Maggie Humm Cam Rader Monica Elkinton Lars Johnson Krista Scully Law enforcement Encounters with law enforcement: -Stops -Searches -Arrests and your rights in criminal proceedings -Security guards The juvenile justice process: -Informal proceedings -Formal proceedings: -Pre-adjudication -Guardians ad litem -Adjudication -Disposition -Appeal -Review Adult criminal proceedings Reentry: getting help after a prison sentence If you are a victim of a crime If you witness a crime Behaviors that are a crimes: -Shoplifting and theft -Leash law violations -Vandalism and graffiti -Curfew violation -Disorderly conduct -Assault -DUI -Breath test refusal -Electronic bullying Crime and the Criminal Justice System This section explains important parts of what may happen if law enforcement officials think you have or are committing a crime. Here you can find out when police can stop you, search you, or arrest you, and what your rights are if any of these things happen to you. This section also explains criminal proceedings, beginning with the juvenile justice system. Juvenile justice may be informal or may involve formal proceedings, including the stages of pre-adjudication, adjudication and disposition. But if you are over 18 or if a judge has decided you should be tried in adult court, you will go through adult criminal proceedings which have some important differences from the juvenile justice system. You can find more information about the justice system in Alaska and how it may affect juveniles at www.beforeyouplea.com/ak. This section also explains some kinds of help you can get if you are the victim of a crime or if you are a witness to a crime. Finally, this section tells you about some kinds of crimes and what behavior can make you guilty of those crimes. Important Note: In this section, the word “police” or “law enforcement officers” includes city or borough police, Alaska State Troopers, or Village Public Safety Officers (VSPO’s). Encounters with Law Enforcement Stops When can a law enforcement officer stop me or my car? In Alaska, police can come up to you and talk to you whenever they want to. You can always refuse to talk to them, or walk away. But to “detain you,” which means to prevent you from leaving when you want to leave, police must have a “reasonable, articulable suspicion” that a crime has occurred or that you might be involved in recent serious harm to persons or property. “Reasonable, articulable suspicion” means an officer must have a good reason that he or she can clearly explain to justify the stop. This means that police can't just stop you on the side of the street at any time and make you talk to them. Do I have to answer a police officer’s questions? You must give the police your name and identifying information if they ask. You don’t have to answer other questions. That means you don't have to answer if the police ask questions like “Where are you kids coming from tonight?” or “Do you know anyone around here?” You don’t have to volunteer any information. You can ask “Am I free to go?” If they say you are free to go, then you can leave. What are my rights if the police question me? Police can continue to question you if don’t object and are willing to answer. If police officers say you are not free to go, and ask you more questions, you can ask “Am I under arrest?” If you are under arrest, police must tell you that you have the right to remain silent; anything you say can be used against you in court; you have the right to talk to a lawyer (also called an attorney) and have the lawyer with you to help you when police question you; and if you cannot afford a lawyer, the court will appoint one for you at public expense. This information is called the Miranda warning. When a police officer gives you this information, it is called reading you your Miranda rights. The information in this section explains what your rights are. View more information and a card that you can carry with you. You also have the right to have a parent or other adult present. It is important to tell the police officers that you do want an attorney or your parents to be there for you, because police will stop the questioning until you get an attorney or a parent. If the police stop me and ask questions, are they recording me? Most likely, yes.