Alaska 2023-2024 Regular Session

Alaska House Bill HB265 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	HB0265a -1- HB 265
3	3	New Text Underlined [DELETED TEXT BRACKETED]
4	4
5	5	33-LS1128\B
6	6
7	7
8	8
9	9
10	10
11	11	HOUSE BILL NO. 265
12	12
13	13	IN THE LEGISLATURE OF THE STATE OF ALASKA
14	14
15	15	THIRTY-THIRD LEGISLATURE - SECOND SESSION
16	16
17	17	BY REPRESENTATIVE VANCE
18	18
19	19	Introduced: 1/12/24
20	20	Referred: Prefiled
21	21
22	22
23	23	A BILL
24	24
25	25	FOR AN ACT ENTITLED
26	26
27	27	"An Act changing the term 'child pornography' to 'child sexual abuse material.'" 1
28	28	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 2
29	29	* Section 1. AS 11.61.125(a) is amended to read: 3
30	30	(a) A person commits the crime of distribution of child sexual abuse material
31	31	4
32	32	[PORNOGRAPHY] if the person distributes in this state or advertises, promotes, 5
33	33	solicits, or offers to distribute in this state any material that is proscribed under 6
34	34	AS 11.61.127. 7
35	35	* Sec. 2. AS 11.61.125(e) is amended to read: 8
36	36	(e) Distribution of child sexual abuse material [PORNOGRAPHY] is a 9
37	37	(1) class B felony; or 10
38	38	(2) class A felony if the person has been previously convicted of 11
39	39	distribution of child sexual abuse material [PORNOGRAPHY] in this jurisdiction or 12
40	40	a similar crime in this or another jurisdiction. 13
41	41	* Sec. 3. AS 11.61.127(a) is amended to read: 14
42	42	(a) A person commits the crime of possession of child sexual abuse material 15 33-LS1128\B
43	43	HB 265 -2- HB0265a
44	44	New Text Underlined [DELETED TEXT BRACKETED]
45	45
46	46	[PORNOGRAPHY] if the person knowingly possesses or knowingly accesses on a 1
47	47	computer with intent to view any material that visually depicts conduct described in 2
48	48	AS 11.41.455(a) knowing that the production of the material involved the use of a 3
49	49	child under 18 years of age who engaged in the conduct or a depiction of a part of an 4
50	50	actual child under 18 years of age who, by manipulation, creation, or modification, 5
51	51	appears to be engaged in the conduct. 6
52	52	* Sec. 4. AS 11.61.127(g) is amended to read: 7
53	53	(g) Possession of child sexual abuse material [PORNOGRAPHY] is a class 8
54	54	C felony. 9
55	55	* Sec. 5. AS 11.66.100(c) is amended to read: 10
56	56	(c) A person may not be prosecuted under (a)(1) of this section if the 11
57	57	(1) person witnessed or was a victim of, and reported to law 12
58	58	enforcement in good faith, one or more of the following crimes: 13
59	59	(A) murder in the first degree under AS 11.41.100; 14
60	60	(B) murder in the second degree under AS 11.41.110; 15
61	61	(C) manslaughter under AS 11.41.120; 16
62	62	(D) criminally negligent homicide under AS 11.41.130; 17
63	63	(E) assault in the first degree under AS 11.41.200; 18
64	64	(F) assault in the second degree under AS 11.41.210; 19
65	65	(G) assault in the third degree under AS 11.41.220; 20
66	66	(H) assault in the fourth degree under AS 11.41.230; 21
67	67	(I) sexual assault in the first degree under AS 11.41.410; 22
68	68	(J) sexual assault in the second degree under AS 11.41.420; 23
69	69	(K) sexual assault in the third degree under AS 11.41.425; 24
70	70	(L) sexual assault in the fourth degree under AS 11.41.427; 25
71	71	(M) sexual abuse of a minor in the first degree under 26
72	72	AS 11.41.434; 27
73	73	(N) sexual abuse of a minor in the second degree under 28
74	74	AS 11.41.436; 29
75	75	(O) sexual abuse of a minor in the third degree under 30
76	76	AS 11.41.438; 31 33-LS1128\B
77	77	HB0265a -3- HB 265
78	78	New Text Underlined [DELETED TEXT BRACKETED]
79	79
80	80	(P) sexual abuse of a minor in the fourth degree under 1
81	81	AS 11.41.440; 2
82	82	(Q) robbery in the first degree under AS 11.41.500; 3
83	83	(R) robbery in the second degree under AS 11.41.510; 4
84	84	(S) extortion under AS 11.41.520; 5
85	85	(T) coercion under AS 11.41.530; 6
86	86	(U) distribution of child sexual abuse material 7
87	87	[PORNOGRAPHY] under AS 11.61.125; 8
88	88	(V) possession of child sexual abuse material 9
89	89	[PORNOGRAPHY] under AS 11.61.127; 10
90	90	(W) sex trafficking in the first degree under AS 11.66.110; 11
91	91	(X) sex trafficking in the second degree under AS 11.66.120; 12
92	92	(Y) sex trafficking in the third degree under AS 11.66.130; or 13
93	93	(Z) sex trafficking in the fourth degree under AS 11.66.135; 14
94	94	(2) evidence supporting the prosecution under (a)(1) of this section 15
95	95	was obtained or discovered as a result of the person reporting the crime to law 16
96	96	enforcement; and 17
97	97	(3) person cooperated with law enforcement personnel. 18
98	98	* Sec. 6. AS 12.10.010(a) is amended to read: 19
99	99	(a) Prosecution for the following offenses may be commenced at any time: 20
100	100	(1) murder; 21
101	101	(2) attempt, solicitation, or conspiracy to commit murder or hindering 22
102	102	the prosecution of murder; 23
103	103	(3) felony sexual abuse of a minor; 24
104	104	(4) sexual assault that is an unclassified, class A, or class B felony or a 25
105	105	violation of AS 11.41.425(a)(2) - (4); 26
106	106	(5) a violation of AS 11.41.425, 11.41.427, 11.41.450 - 11.41.458, 27
107	107	AS 11.66.110 - 11.66.130, or former AS 11.41.430, when committed against a person 28
108	108	who, at the time of the offense, was under 18 years of age; 29
109	109	(6) kidnapping; 30
110	110	(7) distribution of child sexual abuse material [PORNOGRAPHY] in 31 33-LS1128\B
111	111	HB 265 -4- HB0265a
112	112	New Text Underlined [DELETED TEXT BRACKETED]
113	113
114	114	violation of AS 11.61.125; 1
115	115	(8) sex trafficking in violation of AS 11.66.110 - 11.66.130 that is an 2
116	116	unclassified, class A, or class B felony or that is committed against a person who, at 3
117	117	the time of the offense, was under 20 years of age; 4
118	118	(9) human trafficking in violation of AS 11.41.360 or 11.41.365. 5
119	119	* Sec. 7. AS 12.55.125(i) is amended to read: 6
120	120	(i) A defendant convicted of 7
121	121	(1) sexual assault in the first degree under AS 11.41.410(a)(1)(A), (2), 8
122	122	(3), or (4), sexual abuse of a minor in the first degree, unlawful exploitation of a minor 9
123	123	under AS 11.41.455(c)(2), or sex trafficking in the first degree under 10
124	124	AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 11
125	125	than 99 years and shall be sentenced to a definite term within the following 12
126	126	presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 13
127	127	(A) if the offense is a first felony conviction, the offense does 14
128	128	not involve circumstances described in (B) of this paragraph, and the victim 15
129	129	was 16
130	130	(i) less than 13 years of age, 25 to 35 years; 17
131	131	(ii) 13 years of age or older, 20 to 30 years; 18
132	132	(B) if the offense is a first felony conviction and the defendant 19
133	133	possessed a firearm, used a dangerous instrument, or caused serious physical 20
134	134	injury during the commission of the offense, 25 to 35 years; 21
135	135	(C) if the offense is a second felony conviction and does not 22
136	136	involve circumstances described in (D) of this paragraph, 30 to 40 years; 23
137	137	(D) if the offense is a second felony conviction and the 24
138	138	defendant has a prior conviction for a sexual felony, 35 to 45 years; 25
139	139	(E) if the offense is a third felony conviction and the defendant 26
140	140	is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 27
141	141	to 60 years; 28
142	142	(F) if the offense is a third felony conviction, the defendant is 29
143	143	not subject to sentencing under (l) of this section, and the defendant has two 30
144	144	prior convictions for sexual felonies, 99 years; 31 33-LS1128\B
145	145	HB0265a -5- HB 265
146	146	New Text Underlined [DELETED TEXT BRACKETED]
147	147
148	148	(2) sexual assault in the first degree under AS 11.41.410(a)(1)(B), 1
149	149	unlawful exploitation of a minor under AS 11.41.455(c)(1), enticement of a minor 2
150	150	under AS 11.41.452(e), or attempt, conspiracy, or solicitation to commit sexual assault 3
151	151	in the first degree under AS 11.41.410(a)(1)(A), (2), (3), or (4), sexual abuse of a 4
152	152	minor in the first degree, or sex trafficking in the first degree under 5
153	153	AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 6
154	154	than 99 years and shall be sentenced to a definite term within the following 7
155	155	presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 8
156	156	(A) if the offense is a first felony conviction, the offense does 9
157	157	not involve circumstances described in (B) of this paragraph, and the victim 10
158	158	was 11
159	159	(i) under 13 years of age, 20 to 30 years; 12
160	160	(ii) 13 years of age or older, 15 to 30 years; 13
161	161	(B) if the offense is a first felony conviction and the defendant 14
162	162	possessed a firearm, used a dangerous instrument, or caused serious physical 15
163	163	injury during the commission of the offense, 25 to 35 years; 16
164	164	(C) if the offense is a second felony conviction and does not 17
165	165	involve circumstances described in (D) of this paragraph, 25 to 35 years; 18
166	166	(D) if the offense is a second felony conviction and the 19
167	167	defendant has a prior conviction for a sexual felony, 30 to 40 years; 20
168	168	(E) if the offense is a third felony conviction, the offense does 21
169	169	not involve circumstances described in (F) of this paragraph, and the defendant 22
170	170	is not subject to sentencing under (l) of this section, 35 to 50 years; 23
171	171	(F) if the offense is a third felony conviction, the defendant is 24
172	172	not subject to sentencing under (l) of this section, and the defendant has two 25
173	173	prior convictions for sexual felonies, 99 years; 26
174	174	(3) sexual assault in the second degree, sexual abuse of a minor in the 27
175	175	second degree, enticement of a minor under AS 11.41.452(d), indecent exposure in the 28
176	176	first degree under AS 11.41.458(b)(2), distribution of child sexual abuse material 29
177	177	[PORNOGRAPHY] under AS 11.61.125(e)(2), or attempt, conspiracy, or solicitation 30
178	178	to commit sexual assault in the first degree under AS 11.41.410(a)(1)(B) may be 31 33-LS1128\B
179	179	HB 265 -6- HB0265a
180	180	New Text Underlined [DELETED TEXT BRACKETED]
181	181
182	182	sentenced to a definite term of imprisonment of not more than 99 years and shall be 1
183	183	sentenced to a definite term within the following presumptive ranges, subject to 2
184	184	adjustment as provided in AS 12.55.155 - 12.55.175: 3
185	185	(A) if the offense is a first felony conviction, five to 15 years; 4
186	186	(B) if the offense is a second felony conviction and does not 5
187	187	involve circumstances described in (C) of this paragraph, 10 to 25 years; 6
188	188	(C) if the offense is a second felony conviction and the 7
189	189	defendant has a prior conviction for a sexual felony, 15 to 30 years; 8
190	190	(D) if the offense is a third felony conviction and does not 9
191	191	involve circumstances described in (E) of this paragraph, 20 to 35 years; 10
192	192	(E) if the offense is a third felony conviction and the defendant 11
193	193	has two prior convictions for sexual felonies, 99 years; 12
194	194	(4) sexual assault in the third degree, sexual abuse of a minor in the 13
195	195	third degree under AS 11.41.438(c), incest, indecent exposure in the first degree under 14
196	196	AS 11.41.458(b)(1), indecent viewing or production of a picture under 15
197	197	AS 11.61.123(f)(1) or (2), possession of child sexual abuse material 16
198	198	[PORNOGRAPHY], distribution of child sexual abuse material [PORNOGRAPHY] 17
199	199	under AS 11.61.125(e)(1), or attempt, conspiracy, or solicitation to commit sexual 18
200	200	assault in the second degree, sexual abuse of a minor in the second degree, unlawful 19
201	201	exploitation of a minor, or distribution of child sexual abuse material 20
202	202	[PORNOGRAPHY], may be sentenced to a definite term of imprisonment of not more 21
203	203	than 99 years and shall be sentenced to a definite term within the following 22
204	204	presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 23
205	205	(A) if the offense is a first felony conviction and does not 24
206	206	involve the circumstances described in (B) or (C) of this paragraph, two to 12 25
207	207	years; 26
208	208	(B) if the offense is a first felony conviction under 27
209	209	AS 11.61.125(e)(1) and does not involve circumstances described in (C) of this 28
210	210	paragraph, four to 12 years; 29
211	211	(C) if the offense is a first felony conviction under 30
212	212	AS 11.61.125(e)(1), and the defendant hosted, created, or helped host or create 31 33-LS1128\B
213	213	HB0265a -7- HB 265
214	214	New Text Underlined [DELETED TEXT BRACKETED]
215	215
216	216	a mechanism for multi-party sharing or distribution of child sexual abuse 1
217	217	material [PORNOGRAPHY], or received a financial benefit or had a financial 2
218	218	interest in a child sexual abuse material [PORNOGRAPHY] sharing or 3
219	219	distribution mechanism, six to 14 years; 4
220	220	(D) if the offense is a second felony conviction and does not 5
221	221	involve circumstances described in (E) of this paragraph, eight to 15 years; 6
222	222	(E) if the offense is a second felony conviction and the 7
223	223	defendant has a prior conviction for a sexual felony, 12 to 20 years; 8
224	224	(F) if the offense is a third felony conviction and does not 9
225	225	involve circumstances described in (G) of this paragraph, 15 to 25 years; 10
226	226	(G) if the offense is a third felony conviction and the defendant 11
227	227	has two prior convictions for sexual felonies, 99 years. 12
228	228	* Sec. 8. AS 12.55.127(d) is amended to read: 13
229	229	(d) If the defendant is being sentenced for two or more crimes of distribution 14
230	230	of child sexual abuse material [PORNOGRAPHY] under AS 11.61.125, possession 15
231	231	of child sexual abuse material [PORNOGRAPHY] under AS 11.61.127, or 16
232	232	distribution of indecent material to minors under AS 11.61.128, a consecutive term of 17
233	233	imprisonment shall be imposed for some additional term of imprisonment for each 18
234	234	additional crime or each additional attempt or solicitation to commit the offense. 19
235	235	* Sec. 9. AS 12.55.185(16) is amended to read: 20
236	236	(16) "sexual felony" means sexual assault in the first degree, sexual 21
237	237	abuse of a minor in the first degree, sex trafficking in the first degree, sexual assault in 22
238	238	the second degree, sexual abuse of a minor in the second degree, sexual abuse of a 23
239	239	minor in the third degree under AS 11.41.438(c), unlawful exploitation of a minor, 24
240	240	indecent viewing or production of a picture under AS 11.61.123(f)(1) or (2), 25
241	241	distribution of child sexual abuse material [PORNOGRAPHY], sexual assault in the 26
242	242	third degree, incest, indecent exposure in the first degree, possession of child sexual 27
243	243	abuse material [PORNOGRAPHY], enticement of a minor, and felony attempt, 28
244	244	conspiracy, or solicitation to commit those crimes; 29
245	245	* Sec. 10. AS 12.63.100(7) is amended to read: 30
246	246	(7) "sex offense" means 31 33-LS1128\B
247	247	HB 265 -8- HB0265a
248	248	New Text Underlined [DELETED TEXT BRACKETED]
249	249
250	250	(A) a crime under AS 11.41.100(a)(3), or a similar law of 1
251	251	another jurisdiction, in which the person committed or attempted to commit a 2
252	252	sexual offense, or a similar offense under the laws of the other jurisdiction; in 3
253	253	this subparagraph, "sexual offense" has the meaning given in 4
254	254	AS 11.41.100(a)(3); 5
255	255	(B) a crime under AS 11.41.110(a)(3), or a similar law of 6
256	256	another jurisdiction, in which the person committed or attempted to commit 7
257	257	one of the following crimes, or a similar law of another jurisdiction: 8
258	258	(i) sexual assault in the first degree; 9
259	259	(ii) sexual assault in the second degree; 10
260	260	(iii) sexual abuse of a minor in the first degree; or 11
261	261	(iv) sexual abuse of a minor in the second degree; 12
262	262	(C) a crime, or an attempt, solicitation, or conspiracy to commit 13
263	263	a crime, under the following statutes or a similar law of another jurisdiction: 14
264	264	(i) AS 11.41.410 - 11.41.438; 15
265	265	(ii) AS 11.41.440(a)(2); 16
266	266	(iii) AS 11.41.450 - 11.41.458; 17
267	267	(iv) AS 11.41.460 or AS 26.05.900(c) if the indecent 18
268	268	exposure is before a person under 16 years of age and the offender has 19
269	269	previously been convicted under AS 11.41.460 or AS 26.05.900(c); 20
270	270	(v) AS 11.61.125 - 11.61.128; 21
271	271	(vi) AS 11.66.110, 11.66.130(a)(2)(B), or 22
272	272	AS 26.05.900(b) if the person who was induced or caused to engage in 23
273	273	prostitution was under 20 years of age at the time of the offense; 24
274	274	(vii) former AS 11.15.120, former 11.15.134, or assault 25
275	275	with the intent to commit rape under former AS 11.15.160, former 26
276	276	AS 11.40.110, or former 11.40.200; 27
277	277	(viii) AS 11.61.118(a)(2) if the offender has a previous 28
278	278	conviction for that offense; 29
279	279	(ix) AS 11.66.100(a)(2) if the offender is subject to 30
280	280	punishment under AS 11.66.100(e); 31 33-LS1128\B
281	281	HB0265a -9- HB 265
282	282	New Text Underlined [DELETED TEXT BRACKETED]
283	283
284	284	(x) AS 26.05.890 if the person engaged in sexual 1
285	285	penetration or sexual contact with the victim; 2
286	286	(xi) AS 26.05.890 if, at the time of the offense, the 3
287	287	victim is under a duty to obey the lawful orders of the offender, 4
288	288	regardless of whether the offender is in the direct chain of command 5
289	289	over the victim; 6
290	290	(xii) AS 26.05.893 if the person engaged in sexual 7
291	291	penetration or sexual contact with the victim; 8
292	292	(xiii) AS 26.05.900(a)(1) - (4) if the victim is under 18 9
293	293	years of age at the time of the offense; 10
294	294	(xiv) AS 26.05.900 if, at the time of the offense, the 11
295	295	victim is under a duty to obey the lawful orders of the offender, 12
296	296	regardless of whether the offender is in the direct chain of command 13
297	297	over the victim; or 14
298	298	(xv) AS 11.61.123 if the offender is subject to 15
299	299	punishment under AS 11.61.123(f)(1) or (2); 16
300	300	(D) an offense, or an attempt, solicitation, or conspiracy to 17
301	301	commit an offense, under AS 26.05.935(b), or a similar law of another 18
302	302	jurisdiction, if the member of the militia commits one of the following 19
303	303	enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform 20
304	304	Code of Military Justice): 21
305	305	(i) child sexual abuse material [PORNOGRAPHY]; or 22
306	306	(ii) pandering and prostitution if the person who is 23
307	307	induced, enticed, caused, or procured to engage in a sexual act is under 24
308	308	20 years of age at the time of the offense; or 25
309	309	(E) an offense in which the person is required to register as a 26
310	310	sex offender under the laws of another jurisdiction; 27
311	311	* Sec. 11. AS 15.80.010(10) is amended to read: 28
312	312	(10) "felony involving moral turpitude" includes those crimes that are 29
313	313	immoral or wrong in themselves such as murder, manslaughter, assault, sexual assault, 30
314	314	sexual abuse of a minor, unlawful exploitation of a minor, robbery, extortion, 31 33-LS1128\B
315	315	HB 265 -10- HB0265a
316	316	New Text Underlined [DELETED TEXT BRACKETED]
317	317
318	318	coercion, kidnapping, incest, arson, burglary, theft, forgery, criminal possession of a 1
319	319	forgery device, offering a false instrument for recording, scheme to defraud, falsifying 2
320	320	business records, commercial bribe receiving, commercial bribery, bribery, receiving a 3
321	321	bribe, perjury, perjury by inconsistent statements, endangering the welfare of a minor, 4
322	322	escape, promoting contraband, interference with official proceedings, receiving a bribe 5
323	323	by a witness or a juror, jury tampering, misconduct by a juror, tampering with physical 6
324	324	evidence, hindering prosecution, terroristic threatening, riot, criminal possession of 7
325	325	explosives, unlawful furnishing of explosives, sex trafficking, criminal mischief, 8
326	326	misconduct involving a controlled substance or an imitation controlled substance, 9
327	327	permitting an escape, promoting gambling, possession of gambling records, 10
328	328	distribution of child sexual abuse material [PORNOGRAPHY], and possession of 11
329	329	child sexual abuse material [PORNOGRAPHY]; 12
330	330	* Sec. 12. AS 28.15.046(c) is amended to read: 13
331	331	(c) The department may not issue a license under this section to an applicant 14
332	332	(1) who has been convicted of any of the following offenses: 15
333	333	(A) a violation, or an attempt, solicitation, or conspiracy to 16
334	334	commit a violation, of AS 11.41.100 - 11.41.220, 11.41.260 - 11.41.320, 17
335	335	11.41.360 - 11.41.370, 11.41.410 - 11.41.470, or 11.41.500 - 11.41.530; 18
336	336	(B) a felony violation of endangering the welfare of a child in 19
337	337	the first degree under AS 11.51.100; 20
338	338	(C) felony indecent viewing or production of a picture under 21
339	339	AS 11.61.123; 22
340	340	(D) distribution of child sexual abuse material 23
341	341	[PORNOGRAPHY] under AS 11.61.125; 24
342	342	(E) possession of child sexual abuse material 25
343	343	[PORNOGRAPHY] under AS 11.61.127; 26
344	344	(F) distribution of indecent material to minors under 27
345	345	AS 11.61.128; 28
346	346	(G) felony prostitution under AS 11.66.100(e); 29
347	347	(H) sex trafficking in the first, second, or third degree under 30
348	348	AS 11.66.110 - 11.66.130; 31 33-LS1128\B
349	349	HB0265a -11- HB 265
350	350	New Text Underlined [DELETED TEXT BRACKETED]
351	351
352	352	(I) a felony involving distribution of a controlled substance 1
353	353	under AS 11.71 or imitation controlled substance under AS 11.73; 2
354	354	(J) a felony violation under AS 28.35.030(n) or 28.35.032(p); 3
355	355	or 4
356	356	(2) who has been convicted of any of the following offenses and less 5
357	357	than two years have elapsed since the applicant's date of conviction for the offense: 6
358	358	(A) assault in the fourth degree under AS 11.41.230; 7
359	359	(B) reckless endangerment under AS 11.41.250; 8
360	360	(C) contributing to the delinquency of a minor under 9
361	361	AS 11.51.130; 10
362	362	(D) misdemeanor prostitution under AS 11.66.100(a)(2); 11
363	363	(E) a misdemeanor violation of endangering the welfare of a 12
364	364	child in the first degree under AS 11.51.100. 13
365	365	* Sec. 13. AS 47.12.110(d) is amended to read: 14
366	366	(d) Notwithstanding (a) of this section, a court hearing on a petition seeking 15
367	367	the adjudication of a minor as a delinquent shall be open to the public, except as 16
368	368	prohibited or limited by order of the court, if 17
369	369	(1) the department files with the court a motion asking the court to 18
370	370	open the hearing to the public, and the petition seeking adjudication of the minor as a 19
371	371	delinquent is based on 20
372	372	(A) the minor's alleged commission of an offense, and the 21
373	373	minor has knowingly failed to comply with all the terms and conditions 22
374	374	required of the minor by the department or imposed on the minor in a court 23
375	375	order entered under AS 47.12.040(a)(2) or 47.12.120; 24
376	376	(B) the minor's alleged commission of 25
377	377	(i) a crime against a person that is punishable as a 26
378	378	felony; 27
379	379	(ii) a crime in which the minor employed a deadly 28
380	380	weapon, as that term is defined in AS 11.81.900(b), in committing the 29
381	381	crime; 30
382	382	(iii) arson under AS 11.46.400 - 11.46.410; 31 33-LS1128\B
383	383	HB 265 -12- HB0265a
384	384	New Text Underlined [DELETED TEXT BRACKETED]
385	385
386	386	(iv) burglary under AS 11.46.300; 1
387	387	(v) distribution of child sexual abuse material 2
388	388	[PORNOGRAPHY] under AS 11.61.125; 3
389	389	(vi) sex trafficking in the first degree under 4
390	390	AS 11.66.110; or 5
391	391	(vii) misconduct involving a controlled substance under 6
392	392	AS 11.71 involving the delivery of a controlled substance or the 7
393	393	possession of a controlled substance with intent to deliver, other than 8
394	394	an offense under AS 11.71.040 or 11.71.050; or 9
395	395	(C) the minor's alleged commission of a felony and the minor 10
396	396	was 16 years of age or older at the time of commission of the offense when the 11
397	397	minor has previously been convicted or adjudicated a delinquent minor based 12
398	398	on the minor's commission of an offense that is a felony; or 13
399	399	(2) the minor agrees to a public hearing on the petition seeking 14
400	400	adjudication of the minor as a delinquent. 15
401	401	* Sec. 14. AS 47.12.315(a) is amended to read: 16
402	402	(a) Notwithstanding AS 47.12.310 and except as otherwise provided in this 17
403	403	section, the department shall disclose information to the public, on request, concerning 18
404	404	a minor subject to this chapter who was at least 13 years of age at the time of 19
405	405	commission of 20
406	406	(1) a felony offense against a person under AS 11.41; 21
407	407	(2) arson in the first or second degree; 22
408	408	(3) burglary in the first degree; 23
409	409	(4) distribution of child sexual abuse material [PORNOGRAPHY]; 24
410	410	(5) sex trafficking in the first degree; 25
411	411	(6) misconduct involving a controlled substance in the first, second, or 26
412	412	third degrees involving distribution or possession with intent to deliver; or 27
413	413	(7) misconduct involving weapons in the first through fourth degrees. 28