State v. Jack

125 P.3d 311, 2006 A.M.C. 206, 2005 Alas. LEXIS 182, 2005 WL 3360874
CourtAlaska Supreme Court
DecidedDecember 12, 2005
DocketS-11051
StatusPublished
Cited by3 cases

This text of 125 P.3d 311 (State v. Jack) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Jack, 125 P.3d 311, 2006 A.M.C. 206, 2005 Alas. LEXIS 182, 2005 WL 3360874 (Ala. 2005).

Opinions

OPINION

MATTHEWS, Justice.

Vernon Jack is charged under the Alaska criminal code with committing a sexual assault while on an Alaska state ferry in Canadian waters. The question is whether Alaska has jurisdiction to prosecute him. We conclude that jurisdiction exists for two reasons. First, AS 44.03.010(2) grants offshore jurisdiction to the State to the extent that the United States has jurisdiction, and the United States has jurisdiction in this case. Second, Alaska has jurisdiction under the widely recognized “effects doctrine.”

I. FACTS AND PROCEEDINGS

The facts as stated in Judge Stewart’s opinion for the court of appeals are as follows:

On May 12, 2001, the Alaska state ferry Matanuska was navigating the Inside Passage on a voyage from Bellingham, Washington, to Southeast Alaska. According to the grand jury’s indictment, while the Ma-tanuska cruised through Canadian territorial waters, Vernon G. Jack, V, engaged in sexual contact and sexual penetration with S.N.F. and physically assaulted her. An Alaska State Trooper who happened to be aboard the Matanuska investigated Jack’s conduct and arrested him. The grand jury in Ketchikan charged Jack with one count of first-degree sexual assault, one count of second-degree sexual assault, and four counts of fourth-degree assault for his misconduct aboard the Matanuska while it was in Canadian territorial waters.[1]

Jack moved to dismiss the indictment on jurisdictional grounds. The superior court granted his motion. On the State’s petition for review, the court of appeals affirmed. We granted the State’s petition for review.

[313]*313II. ARGUMENTS OF THE PARTIES

The statutory sections most directly involved are AS 44.03.010(2) and AS 44.03.030(1). These sections provide:

AS 44.03.010:

The jurisdiction of the state extends to water offshore from the coast of the state as follows:
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(2) the high seas to the extent that jurisdiction is claimed by the United States of America, or to the extent recognized by the usages and customs of international law or by agreement to which the United States of America or the state is a party[.]

AS 44.03.030:

This chapter does not limit or restrict
(1) the jurisdiction of the state over a person or subject inside or outside the state that is exercisable by reason of citizenship, residence, or another reason recognized by law[.][2]

The State argues in general that these sections reflect that the legislature intended to provide for extraterritorial jurisdiction 3 that is as broad as may be permitted under the United States Constitution. Focusing on subsection .010(2) the State contends that this section gives the State of Alaska jurisdiction when the United States would have jurisdiction over acts committed on the high seas. The State contends that the term “high seas” was generally understood in 1959, when the statute was enacted, to encompass foreign territorial waters, and that the United States has jurisdiction over crimes committed aboard U.S. vessels in foreign territorial waters. The State contends that since the Matanuska is a U.S. vessel, the United States has jurisdiction, and therefore, under subsection .010(2), so does the State of Alaska.

The State notes that an additional element is needed for the exercise of state extraterritorial jurisdiction under any theory. The State must have a substantial interest that justifies the exercise of jurisdiction. This requirement is met, according to the State, [314]*314because it has a strong interest in protecting the personal safety of individuals onboard state-owned ferries.

Jack argues that neither subsection .010(2) nor subsection .030(1) was meant to extend state jurisdiction to the maximum that would be permitted by the federal constitution. As to subsection .030(1), Jack contends that it “simply authorizes the state to claim bases of jurisdiction other than territorial, to the maximum extent permitted by law.” Jack argues that this authorization can only be exercised by additional legislation and there is no additional legislation that is applicable to this case.

Jack also argues that AS 44.03.010(2) does not apply because the Canadian territorial waters where the alleged crime occurred are not “high seas” within the meaning of the statute. Further, and “[m]ore importantly,” Jack contends the waters are not “offshore from the coast of the state.”4 In addition Jack argues that subsection (3) of AS 44.03.010 and AS 44.03.020 indicate that the reach of subsection .010(2) should be circumscribed because they extend jurisdiction to and assert ownership of submerged land including subsurface resources “lying under the water mentioned” in section .010. Jack argues that subsection (2) can extend only to waters over submerged lands to which the State might have a reasonable jurisdictional and ownership claim. No such claim could be asserted concerning submerged land in Canadian territorial waters.

III. DISCUSSION

A. The Statute Should Be Broadly Construed

The statutory sections involved here were enacted in 1959 by the First Alaska Legislature as part of Chapter 89 of the 1959 Session Laws of Alaska. We set forth in the margin the full text of Chapter 89.5 The revisor of statutes revised Chapter 89 as a part of the bulk formal revision that took place in 1962, but it has not otherwise been amended. Because the revisor of statutes is not permitted to change the meaning of a statute, we consider the original session law language when interpreting what the statute means.6

Section 1 of Chapter 89 contained, in its original form, language indicating that the state’s jurisdiction should be broadly con[315]*315strued. The first sentence of section 1 stated that the jurisdiction of the state not only “extends to water offshore”7 but “shall extend to and over, and be exercisable with respect to, waters offshore.8 Further, subsection (2) underscored the breadth of the intended reach of state jurisdiction by use of inclusive words and phrases such as “whatever,” “may be,” “any,” and “or otherwise.” Thus in its original form section 1(2) provided:

The jurisdiction of this State shall extend to and over, and be exercisable with respect to, waters offshore from the coasts of this State as follows ... (2) The high seas to whatever extent jurisdiction therein may be claimed by the United States of America, or to whatever extent may be recognized by the usages and customs of international law or by any agreement, international or otherwise, to which the United States of America or this State may be party.[9]

That Chapter 89 was intended to reflect a broad assertion of state jurisdiction is also evident from its other sections. Both section 3(1) and section 4 make it clear that the provisions of Chapter 89 are not to be construed to limit state jurisdiction.

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Related

Pacific Merchant Shipping Ass'n v. Goldstene
639 F.3d 1154 (Ninth Circuit, 2011)
Commonwealth v. Armstrong
897 N.E.2d 105 (Massachusetts Appeals Court, 2008)
State v. Jack
125 P.3d 311 (Alaska Supreme Court, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
125 P.3d 311, 2006 A.M.C. 206, 2005 Alas. LEXIS 182, 2005 WL 3360874, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jack-alaska-2005.