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HOUSE BILL NO. 265
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-THIRD LEGISLATURE - SECOND SESSION
BY REPRESENTATIVE VANCE
Introduced: 1/12/24
Referred: Prefiled
A BILL
FOR AN ACT ENTITLED
"An Act changing the term 'child pornography' to 'child sexual abuse material.'" 1
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 2
* Section 1. AS 11.61.125(a) is amended to read: 3
(a) A person commits the crime of distribution of child sexual abuse material
4
[PORNOGRAPHY] if the person distributes in this state or advertises, promotes, 5
solicits, or offers to distribute in this state any material that is proscribed under 6
AS 11.61.127. 7
* Sec. 2. AS 11.61.125(e) is amended to read: 8
(e) Distribution of child sexual abuse material [PORNOGRAPHY] is a 9
(1) class B felony; or 10
(2) class A felony if the person has been previously convicted of 11
distribution of child sexual abuse material [PORNOGRAPHY] in this jurisdiction or 12
a similar crime in this or another jurisdiction. 13
* Sec. 3. AS 11.61.127(a) is amended to read: 14
(a) A person commits the crime of possession of child sexual abuse material 15 33-LS1128\B
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[PORNOGRAPHY] if the person knowingly possesses or knowingly accesses on a 1
computer with intent to view any material that visually depicts conduct described in 2
AS 11.41.455(a) knowing that the production of the material involved the use of a 3
child under 18 years of age who engaged in the conduct or a depiction of a part of an 4
actual child under 18 years of age who, by manipulation, creation, or modification, 5
appears to be engaged in the conduct. 6
* Sec. 4. AS 11.61.127(g) is amended to read: 7
(g) Possession of child sexual abuse material [PORNOGRAPHY] is a class 8
C felony. 9
* Sec. 5. AS 11.66.100(c) is amended to read: 10
(c) A person may not be prosecuted under (a)(1) of this section if the 11
(1) person witnessed or was a victim of, and reported to law 12
enforcement in good faith, one or more of the following crimes: 13
(A) murder in the first degree under AS 11.41.100; 14
(B) murder in the second degree under AS 11.41.110; 15
(C) manslaughter under AS 11.41.120; 16
(D) criminally negligent homicide under AS 11.41.130; 17
(E) assault in the first degree under AS 11.41.200; 18
(F) assault in the second degree under AS 11.41.210; 19
(G) assault in the third degree under AS 11.41.220; 20
(H) assault in the fourth degree under AS 11.41.230; 21
(I) sexual assault in the first degree under AS 11.41.410; 22
(J) sexual assault in the second degree under AS 11.41.420; 23
(K) sexual assault in the third degree under AS 11.41.425; 24
(L) sexual assault in the fourth degree under AS 11.41.427; 25
(M) sexual abuse of a minor in the first degree under 26
AS 11.41.434; 27
(N) sexual abuse of a minor in the second degree under 28
AS 11.41.436; 29
(O) sexual abuse of a minor in the third degree under 30
AS 11.41.438; 31 33-LS1128\B
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(P) sexual abuse of a minor in the fourth degree under 1
AS 11.41.440; 2
(Q) robbery in the first degree under AS 11.41.500; 3
(R) robbery in the second degree under AS 11.41.510; 4
(S) extortion under AS 11.41.520; 5
(T) coercion under AS 11.41.530; 6
(U) distribution of child sexual abuse material 7
[PORNOGRAPHY] under AS 11.61.125; 8
(V) possession of child sexual abuse material 9
[PORNOGRAPHY] under AS 11.61.127; 10
(W) sex trafficking in the first degree under AS 11.66.110; 11
(X) sex trafficking in the second degree under AS 11.66.120; 12
(Y) sex trafficking in the third degree under AS 11.66.130; or 13
(Z) sex trafficking in the fourth degree under AS 11.66.135; 14
(2) evidence supporting the prosecution under (a)(1) of this section 15
was obtained or discovered as a result of the person reporting the crime to law 16
enforcement; and 17
(3) person cooperated with law enforcement personnel. 18
* Sec. 6. AS 12.10.010(a) is amended to read: 19
(a) Prosecution for the following offenses may be commenced at any time: 20
(1) murder; 21
(2) attempt, solicitation, or conspiracy to commit murder or hindering 22
the prosecution of murder; 23
(3) felony sexual abuse of a minor; 24
(4) sexual assault that is an unclassified, class A, or class B felony or a 25
violation of AS 11.41.425(a)(2) - (4); 26
(5) a violation of AS 11.41.425, 11.41.427, 11.41.450 - 11.41.458, 27
AS 11.66.110 - 11.66.130, or former AS 11.41.430, when committed against a person 28
who, at the time of the offense, was under 18 years of age; 29
(6) kidnapping; 30
(7) distribution of child sexual abuse material [PORNOGRAPHY] in 31 33-LS1128\B
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violation of AS 11.61.125; 1
(8) sex trafficking in violation of AS 11.66.110 - 11.66.130 that is an 2
unclassified, class A, or class B felony or that is committed against a person who, at 3
the time of the offense, was under 20 years of age; 4
(9) human trafficking in violation of AS 11.41.360 or 11.41.365. 5
* Sec. 7. AS 12.55.125(i) is amended to read: 6
(i) A defendant convicted of 7
(1) sexual assault in the first degree under AS 11.41.410(a)(1)(A), (2), 8
(3), or (4), sexual abuse of a minor in the first degree, unlawful exploitation of a minor 9
under AS 11.41.455(c)(2), or sex trafficking in the first degree under 10
AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 11
than 99 years and shall be sentenced to a definite term within the following 12
presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 13
(A) if the offense is a first felony conviction, the offense does 14
not involve circumstances described in (B) of this paragraph, and the victim 15
was 16
(i) less than 13 years of age, 25 to 35 years; 17
(ii) 13 years of age or older, 20 to 30 years; 18
(B) if the offense is a first felony conviction and the defendant 19
possessed a firearm, used a dangerous instrument, or caused serious physical 20
injury during the commission of the offense, 25 to 35 years; 21
(C) if the offense is a second felony conviction and does not 22
involve circumstances described in (D) of this paragraph, 30 to 40 years; 23
(D) if the offense is a second felony conviction and the 24
defendant has a prior conviction for a sexual felony, 35 to 45 years; 25
(E) if the offense is a third felony conviction and the defendant 26
is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 27
to 60 years; 28
(F) if the offense is a third felony conviction, the defendant is 29
not subject to sentencing under (l) of this section, and the defendant has two 30
prior convictions for sexual felonies, 99 years; 31 33-LS1128\B
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(2) sexual assault in the first degree under AS 11.41.410(a)(1)(B), 1
unlawful exploitation of a minor under AS 11.41.455(c)(1), enticement of a minor 2
under AS 11.41.452(e), or attempt, conspiracy, or solicitation to commit sexual assault 3
in the first degree under AS 11.41.410(a)(1)(A), (2), (3), or (4), sexual abuse of a 4
minor in the first degree, or sex trafficking in the first degree under 5
AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 6
than 99 years and shall be sentenced to a definite term within the following 7
presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 8
(A) if the offense is a first felony conviction, the offense does 9
not involve circumstances described in (B) of this paragraph, and the victim 10
was 11
(i) under 13 years of age, 20 to 30 years; 12
(ii) 13 years of age or older, 15 to 30 years; 13
(B) if the offense is a first felony conviction and the defendant 14
possessed a firearm, used a dangerous instrument, or caused serious physical 15
injury during the commission of the offense, 25 to 35 years; 16
(C) if the offense is a second felony conviction and does not 17
involve circumstances described in (D) of this paragraph, 25 to 35 years; 18
(D) if the offense is a second felony conviction and the 19
defendant has a prior conviction for a sexual felony, 30 to 40 years; 20
(E) if the offense is a third felony conviction, the offense does 21
not involve circumstances described in (F) of this paragraph, and the defendant 22
is not subject to sentencing under (l) of this section, 35 to 50 years; 23
(F) if the offense is a third felony conviction, the defendant is 24
not subject to sentencing under (l) of this section, and the defendant has two 25
prior convictions for sexual felonies, 99 years; 26
(3) sexual assault in the second degree, sexual abuse of a minor in the 27
second degree, enticement of a minor under AS 11.41.452(d), indecent exposure in the 28
first degree under AS 11.41.458(b)(2), distribution of child sexual abuse material 29
[PORNOGRAPHY] under AS 11.61.125(e)(2), or attempt, conspiracy, or solicitation 30
to commit sexual assault in the first degree under AS 11.41.410(a)(1)(B) may be 31 33-LS1128\B
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sentenced to a definite term of imprisonment of not more than 99 years and shall be 1
sentenced to a definite term within the following presumptive ranges, subject to 2
adjustment as provided in AS 12.55.155 - 12.55.175: 3
(A) if the offense is a first felony conviction, five to 15 years; 4
(B) if the offense is a second felony conviction and does not 5
involve circumstances described in (C) of this paragraph, 10 to 25 years; 6
(C) if the offense is a second felony conviction and the 7
defendant has a prior conviction for a sexual felony, 15 to 30 years; 8
(D) if the offense is a third felony conviction and does not 9
involve circumstances described in (E) of this paragraph, 20 to 35 years; 10
(E) if the offense is a third felony conviction and the defendant 11
has two prior convictions for sexual felonies, 99 years; 12
(4) sexual assault in the third degree, sexual abuse of a minor in the 13
third degree under AS 11.41.438(c), incest, indecent exposure in the first degree under 14
AS 11.41.458(b)(1), indecent viewing or production of a picture under 15
AS 11.61.123(f)(1) or (2), possession of child sexual abuse material 16
[PORNOGRAPHY], distribution of child sexual abuse material [PORNOGRAPHY] 17
under AS 11.61.125(e)(1), or attempt, conspiracy, or solicitation to commit sexual 18
assault in the second degree, sexual abuse of a minor in the second degree, unlawful 19
exploitation of a minor, or distribution of child sexual abuse material 20
[PORNOGRAPHY], may be sentenced to a definite term of imprisonment of not more 21
than 99 years and shall be sentenced to a definite term within the following 22
presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 23
(A) if the offense is a first felony conviction and does not 24
involve the circumstances described in (B) or (C) of this paragraph, two to 12 25
years; 26
(B) if the offense is a first felony conviction under 27
AS 11.61.125(e)(1) and does not involve circumstances described in (C) of this 28
paragraph, four to 12 years; 29
(C) if the offense is a first felony conviction under 30
AS 11.61.125(e)(1), and the defendant hosted, created, or helped host or create 31 33-LS1128\B
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a mechanism for multi-party sharing or distribution of child sexual abuse 1
material [PORNOGRAPHY], or received a financial benefit or had a financial 2
interest in a child sexual abuse material [PORNOGRAPHY] sharing or 3
distribution mechanism, six to 14 years; 4
(D) if the offense is a second felony conviction and does not 5
involve circumstances described in (E) of this paragraph, eight to 15 years; 6
(E) if the offense is a second felony conviction and the 7
defendant has a prior conviction for a sexual felony, 12 to 20 years; 8
(F) if the offense is a third felony conviction and does not 9
involve circumstances described in (G) of this paragraph, 15 to 25 years; 10
(G) if the offense is a third felony conviction and the defendant 11
has two prior convictions for sexual felonies, 99 years. 12
* Sec. 8. AS 12.55.127(d) is amended to read: 13
(d) If the defendant is being sentenced for two or more crimes of distribution 14
of child sexual abuse material [PORNOGRAPHY] under AS 11.61.125, possession 15
of child sexual abuse material [PORNOGRAPHY] under AS 11.61.127, or 16
distribution of indecent material to minors under AS 11.61.128, a consecutive term of 17
imprisonment shall be imposed for some additional term of imprisonment for each 18
additional crime or each additional attempt or solicitation to commit the offense. 19
* Sec. 9. AS 12.55.185(16) is amended to read: 20
(16) "sexual felony" means sexual assault in the first degree, sexual 21
abuse of a minor in the first degree, sex trafficking in the first degree, sexual assault in 22
the second degree, sexual abuse of a minor in the second degree, sexual abuse of a 23
minor in the third degree under AS 11.41.438(c), unlawful exploitation of a minor, 24
indecent viewing or production of a picture under AS 11.61.123(f)(1) or (2), 25
distribution of child sexual abuse material [PORNOGRAPHY], sexual assault in the 26
third degree, incest, indecent exposure in the first degree, possession of child sexual 27
abuse material [PORNOGRAPHY], enticement of a minor, and felony attempt, 28
conspiracy, or solicitation to commit those crimes; 29
* Sec. 10. AS 12.63.100(7) is amended to read: 30
(7) "sex offense" means 31 33-LS1128\B
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(A) a crime under AS 11.41.100(a)(3), or a similar law of 1
another jurisdiction, in which the person committed or attempted to commit a 2
sexual offense, or a similar offense under the laws of the other jurisdiction; in 3
this subparagraph, "sexual offense" has the meaning given in 4
AS 11.41.100(a)(3); 5
(B) a crime under AS 11.41.110(a)(3), or a similar law of 6
another jurisdiction, in which the person committed or attempted to commit 7
one of the following crimes, or a similar law of another jurisdiction: 8
(i) sexual assault in the first degree; 9
(ii) sexual assault in the second degree; 10
(iii) sexual abuse of a minor in the first degree; or 11
(iv) sexual abuse of a minor in the second degree; 12
(C) a crime, or an attempt, solicitation, or conspiracy to commit 13
a crime, under the following statutes or a similar law of another jurisdiction: 14
(i) AS 11.41.410 - 11.41.438; 15
(ii) AS 11.41.440(a)(2); 16
(iii) AS 11.41.450 - 11.41.458; 17
(iv) AS 11.41.460 or AS 26.05.900(c) if the indecent 18
exposure is before a person under 16 years of age and the offender has 19
previously been convicted under AS 11.41.460 or AS 26.05.900(c); 20
(v) AS 11.61.125 - 11.61.128; 21
(vi) AS 11.66.110, 11.66.130(a)(2)(B), or 22
AS 26.05.900(b) if the person who was induced or caused to engage in 23
prostitution was under 20 years of age at the time of the offense; 24
(vii) former AS 11.15.120, former 11.15.134, or assault 25
with the intent to commit rape under former AS 11.15.160, former 26
AS 11.40.110, or former 11.40.200; 27
(viii) AS 11.61.118(a)(2) if the offender has a previous 28
conviction for that offense; 29
(ix) AS 11.66.100(a)(2) if the offender is subject to 30
punishment under AS 11.66.100(e); 31 33-LS1128\B
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(x) AS 26.05.890 if the person engaged in sexual 1
penetration or sexual contact with the victim; 2
(xi) AS 26.05.890 if, at the time of the offense, the 3
victim is under a duty to obey the lawful orders of the offender, 4
regardless of whether the offender is in the direct chain of command 5
over the victim; 6
(xii) AS 26.05.893 if the person engaged in sexual 7
penetration or sexual contact with the victim; 8
(xiii) AS 26.05.900(a)(1) - (4) if the victim is under 18 9
years of age at the time of the offense; 10
(xiv) AS 26.05.900 if, at the time of the offense, the 11
victim is under a duty to obey the lawful orders of the offender, 12
regardless of whether the offender is in the direct chain of command 13
over the victim; or 14
(xv) AS 11.61.123 if the offender is subject to 15
punishment under AS 11.61.123(f)(1) or (2); 16
(D) an offense, or an attempt, solicitation, or conspiracy to 17
commit an offense, under AS 26.05.935(b), or a similar law of another 18
jurisdiction, if the member of the militia commits one of the following 19
enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform 20
Code of Military Justice): 21
(i) child sexual abuse material [PORNOGRAPHY]; or 22
(ii) pandering and prostitution if the person who is 23
induced, enticed, caused, or procured to engage in a sexual act is under 24
20 years of age at the time of the offense; or 25
(E) an offense in which the person is required to register as a 26
sex offender under the laws of another jurisdiction; 27
* Sec. 11. AS 15.80.010(10) is amended to read: 28
(10) "felony involving moral turpitude" includes those crimes that are 29
immoral or wrong in themselves such as murder, manslaughter, assault, sexual assault, 30
sexual abuse of a minor, unlawful exploitation of a minor, robbery, extortion, 31 33-LS1128\B
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coercion, kidnapping, incest, arson, burglary, theft, forgery, criminal possession of a 1
forgery device, offering a false instrument for recording, scheme to defraud, falsifying 2
business records, commercial bribe receiving, commercial bribery, bribery, receiving a 3
bribe, perjury, perjury by inconsistent statements, endangering the welfare of a minor, 4
escape, promoting contraband, interference with official proceedings, receiving a bribe 5
by a witness or a juror, jury tampering, misconduct by a juror, tampering with physical 6
evidence, hindering prosecution, terroristic threatening, riot, criminal possession of 7
explosives, unlawful furnishing of explosives, sex trafficking, criminal mischief, 8
misconduct involving a controlled substance or an imitation controlled substance, 9
permitting an escape, promoting gambling, possession of gambling records, 10
distribution of child sexual abuse material [PORNOGRAPHY], and possession of 11
child sexual abuse material [PORNOGRAPHY]; 12
* Sec. 12. AS 28.15.046(c) is amended to read: 13
(c) The department may not issue a license under this section to an applicant 14
(1) who has been convicted of any of the following offenses: 15
(A) a violation, or an attempt, solicitation, or conspiracy to 16
commit a violation, of AS 11.41.100 - 11.41.220, 11.41.260 - 11.41.320, 17
11.41.360 - 11.41.370, 11.41.410 - 11.41.470, or 11.41.500 - 11.41.530; 18
(B) a felony violation of endangering the welfare of a child in 19
the first degree under AS 11.51.100; 20
(C) felony indecent viewing or production of a picture under 21
AS 11.61.123; 22
(D) distribution of child sexual abuse material 23
[PORNOGRAPHY] under AS 11.61.125; 24
(E) possession of child sexual abuse material 25
[PORNOGRAPHY] under AS 11.61.127; 26
(F) distribution of indecent material to minors under 27
AS 11.61.128; 28
(G) felony prostitution under AS 11.66.100(e); 29
(H) sex trafficking in the first, second, or third degree under 30
AS 11.66.110 - 11.66.130; 31 33-LS1128\B
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(I) a felony involving distribution of a controlled substance 1
under AS 11.71 or imitation controlled substance under AS 11.73; 2
(J) a felony violation under AS 28.35.030(n) or 28.35.032(p); 3
or 4
(2) who has been convicted of any of the following offenses and less 5
than two years have elapsed since the applicant's date of conviction for the offense: 6
(A) assault in the fourth degree under AS 11.41.230; 7
(B) reckless endangerment under AS 11.41.250; 8
(C) contributing to the delinquency of a minor under 9
AS 11.51.130; 10
(D) misdemeanor prostitution under AS 11.66.100(a)(2); 11
(E) a misdemeanor violation of endangering the welfare of a 12
child in the first degree under AS 11.51.100. 13
* Sec. 13. AS 47.12.110(d) is amended to read: 14
(d) Notwithstanding (a) of this section, a court hearing on a petition seeking 15
the adjudication of a minor as a delinquent shall be open to the public, except as 16
prohibited or limited by order of the court, if 17
(1) the department files with the court a motion asking the court to 18
open the hearing to the public, and the petition seeking adjudication of the minor as a 19
delinquent is based on 20
(A) the minor's alleged commission of an offense, and the 21
minor has knowingly failed to comply with all the terms and conditions 22
required of the minor by the department or imposed on the minor in a court 23
order entered under AS 47.12.040(a)(2) or 47.12.120; 24
(B) the minor's alleged commission of 25
(i) a crime against a person that is punishable as a 26
felony; 27
(ii) a crime in which the minor employed a deadly 28
weapon, as that term is defined in AS 11.81.900(b), in committing the 29
crime; 30
(iii) arson under AS 11.46.400 - 11.46.410; 31 33-LS1128\B
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(iv) burglary under AS 11.46.300; 1
(v) distribution of child sexual abuse material 2
[PORNOGRAPHY] under AS 11.61.125; 3
(vi) sex trafficking in the first degree under 4
AS 11.66.110; or 5
(vii) misconduct involving a controlled substance under 6
AS 11.71 involving the delivery of a controlled substance or the 7
possession of a controlled substance with intent to deliver, other than 8
an offense under AS 11.71.040 or 11.71.050; or 9
(C) the minor's alleged commission of a felony and the minor 10
was 16 years of age or older at the time of commission of the offense when the 11
minor has previously been convicted or adjudicated a delinquent minor based 12
on the minor's commission of an offense that is a felony; or 13
(2) the minor agrees to a public hearing on the petition seeking 14
adjudication of the minor as a delinquent. 15
* Sec. 14. AS 47.12.315(a) is amended to read: 16
(a) Notwithstanding AS 47.12.310 and except as otherwise provided in this 17
section, the department shall disclose information to the public, on request, concerning 18
a minor subject to this chapter who was at least 13 years of age at the time of 19
commission of 20
(1) a felony offense against a person under AS 11.41; 21
(2) arson in the first or second degree; 22
(3) burglary in the first degree; 23
(4) distribution of child sexual abuse material [PORNOGRAPHY]; 24
(5) sex trafficking in the first degree; 25
(6) misconduct involving a controlled substance in the first, second, or 26
third degrees involving distribution or possession with intent to deliver; or 27
(7) misconduct involving weapons in the first through fourth degrees. 28