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HOUSE BILL NO. 364
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-THIRD LEGISLATURE - SECOND SESSION
BY REPRESENTATIVE GRAY
Introduced: 2/20/24
Referred: Judiciary
A BILL
FOR AN ACT ENTITLED
"An Act relating to civil claims by victims of sexual abuse to a minor; relating to 1
homicide; relating to assault in the third degree; relating to stalking; relating to sexual 2
abuse of a minor; relating to enticement of a minor; relating to endangering the welfare 3
of a child; relating to indecent exposure; relating to sending an explicit image of a 4
minor; relating to solicitation or production of an indecent picture of a minor; relating 5
to distribution of indecent material to minors; relating to the testimony of children in 6
criminal proceedings; and relating to sentencing." 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 8
* Section 1. AS 09.55.650(a) is amended to read: 9
(a) A person who, as a minor under 18 [16] years of age, was the victim of
10
sexual abuse may maintain an action for recovery of damages against the perpetrator 11
of the act or acts of sexual abuse based on the perpetrator's intentional conduct for an 12
injury or condition suffered as a result of the sexual abuse. 13 33-LS1367\A
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* Sec. 2. AS 11.41.100(a) is amended to read: 1
(a) A person commits the crime of murder in the first degree if 2
(1) with intent to cause the death of another person, the person 3
(A) causes the death of any person; or 4
(B) compels or induces any person to commit suicide through 5
duress or deception; 6
(2) the person knowingly engages in conduct directed toward a child 7
under the age of 18 [16] and the person with criminal negligence inflicts serious 8
physical injury on the child by at least two separate acts, and one of the acts results in 9
the death of the child; 10
(3) acting alone or with one or more persons, the person commits or 11
attempts to commit a sexual offense against or kidnapping of a child under 18 [16] 12
years of age and, in the course of or in furtherance of the offense or in immediate 13
flight from that offense, any person causes the death of the child; in this paragraph, 14
"sexual offense" means an offense defined in AS 11.41.410 - 11.41.470; 15
(4) acting alone or with one or more persons, the person commits or 16
attempts to commit criminal mischief in the first degree under AS 11.46.475 and, in 17
the course of or in furtherance of the offense or in immediate flight from that offense, 18
any person causes the death of a person other than one of the participants; or 19
(5) acting alone or with one or more persons, the person commits 20
terroristic threatening in the first degree under AS 11.56.807 and, in the course of or in 21
furtherance of the offense or in immediate flight from that offense, any person causes 22
the death of a person other than one of the participants. 23
* Sec. 3. AS 11.41.110(a) is amended to read: 24
(a) A person commits the crime of murder in the second degree if 25
(1) with intent to cause serious physical injury to another person or 26
knowing that the conduct is substantially certain to cause death or serious physical 27
injury to another person, the person causes the death of any person; 28
(2) the person knowingly engages in conduct that results in the death 29
of another person under circumstances manifesting an extreme indifference to the 30
value of human life; 31 33-LS1367\A
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(3) under circumstances not amounting to murder in the first degree 1
under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the 2
person commits or attempts to commit arson in the first degree, kidnapping, sexual 3
assault in the first degree, sexual assault in the second degree, sexual abuse of a minor 4
in the first degree, sexual abuse of a minor in the second degree, burglary in the first 5
degree, escape in the first or second degree, robbery in any degree, or misconduct 6
involving a controlled substance under AS 11.71.010(a), 11.71.021(a), 11.71.030(a)(2) 7
or (9), or 11.71.040(a)(1) or (2) and, in the course of or in furtherance of that crime or 8
in immediate flight from that crime, any person causes the death of a person other than 9
one of the participants; 10
(4) acting with a criminal street gang, the person commits or attempts 11
to commit a crime that is a felony and, in the course of or in furtherance of that crime 12
or in immediate flight from that crime, any person causes the death of a person other 13
than one of the participants; or 14
(5) the person with criminal negligence causes the death of a child 15
under the age of 18 [16], and the person has been previously convicted of a crime 16
involving a child under the age of 18 [16] that was 17
(A) a felony violation of AS 11.41; 18
(B) in violation of a law or ordinance in another jurisdiction 19
with elements similar to a felony under AS 11.41; or 20
(C) an attempt, a solicitation, or a conspiracy to commit a 21
crime listed in (A) or (B) of this paragraph. 22
* Sec. 4. AS 11.41.220(a) is amended to read: 23
(a) A person commits the crime of assault in the third degree if that person 24
(1) recklessly 25
(A) places another person in fear of imminent serious physical 26
injury by means of a dangerous instrument; 27
(B) causes physical injury to another person by means of a 28
dangerous instrument; or 29
(C) while being 18 years of age or older, 30
(i) causes physical injury to a child under 12 years of 31 33-LS1367\A
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age and the injury would cause a reasonable caregiver to seek medical 1
attention from a health care professional in the form of diagnosis or 2
treatment; 3
(ii) causes physical injury to a child under 12 years of 4
age on more than one occasion; 5
(2) with intent to place another person in fear of death or serious 6
physical injury to the person or the person's family member, makes repeated threats to 7
cause death or serious physical injury to another person; 8
(3) while being 18 years of age or older, knowingly causes physical 9
injury to a child under 18 [16] years of age but at least 12 years of age and the injury 10
reasonably requires medical treatment; 11
(4) with criminal negligence, causes serious physical injury under 12
AS 11.81.900(b)(59)(B) to another person by means of a dangerous instrument; or 13
(5) commits a crime that is a violation of AS 11.41.230(a)(1) or (2) 14
and, within the preceding 10 years, the person was convicted on two or more separate 15
occasions of crimes under 16
(A) AS 11.41.100 - 11.41.170; 17
(B) AS 11.41.200 - 11.41.220, 11.41.230(a)(1) or (2), 18
11.41.280, or 11.41.282; 19
(C) AS 11.41.260 or 11.41.270; 20
(D) AS 11.41.410, 11.41.420, or 11.41.425(a)(1); or 21
(E) a law or ordinance of this or another jurisdiction with 22
elements similar to those of an offense described in (A) - (D) of this paragraph. 23
* Sec. 5. AS 11.41.220(b) is amended to read: 24
(b) In a prosecution under (a)(3) of this section, it is an affirmative defense 25
that, at the time of the alleged offense, the defendant reasonably believed the victim to 26
be 18 [16] years of age or older, unless the victim was under 13 years of age at the 27
time of the alleged offense. 28
* Sec. 6. AS 11.41.260(a) is amended to read: 29
(a) A person commits the crime of stalking in the first degree if the person 30
violates AS 11.41.270 and 31 33-LS1367\A
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(1) the actions constituting the offense are in violation of an order 1
issued or filed under AS 18.66.100 - 18.66.180 or issued under former 2
AS 25.35.010(b) or 25.35.020; 3
(2) the actions constituting the offense are in violation of a condition of 4
probation, release before trial, release after conviction, or parole; 5
(3) the victim is under 18 [16] years of age; 6
(4) at any time during the course of conduct constituting the offense, 7
the defendant possessed a deadly weapon; 8
(5) the defendant has been previously convicted of a crime under this 9
section, AS 11.41.270, or AS 11.56.740, or a law or ordinance of this or another 10
jurisdiction with elements similar to a crime under this section, AS 11.41.270, or 11
AS 11.56.740; or 12
(6) the defendant has been previously convicted of a crime, or an 13
attempt or solicitation to commit a crime, under (A) AS 11.41.100 - 11.41.250, 14
11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, 11.61.120, or (B) a 15
law or an ordinance of this or another jurisdiction with elements similar to a crime, or 16
an attempt or solicitation to commit a crime, under AS 11.41.100 - 11.41.250, 17
11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, or 11.61.120, 18
involving the same victim as the present offense. 19
* Sec. 7. AS 11.41.434(a) is amended to read: 20
(a) An offender commits the crime of sexual abuse of a minor in the first 21
degree if 22
(1) being 16 years of age or older, the offender engages in sexual 23
penetration with a person who is under 13 years of age or aids, induces, causes, or 24
encourages a person who is under 13 years of age to engage in sexual penetration with 25
another person; 26
(2) being 18 years of age or older, the offender engages in sexual 27
penetration with a person who is under 18 years of age, and the offender is the victim's 28
natural parent, stepparent, adopted parent, or legal guardian; or 29
(3) being 18 years of age or older, the offender engages in sexual 30
penetration with a person who is under 18 [16] years of age, and 31 33-LS1367\A
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(A) the victim at the time of the offense is residing in the same 1
household as the offender and the offender has authority over the victim; or 2
(B) the offender occupies a position of authority in relation to 3
the victim. 4
* Sec. 8. AS 11.41.436(a) is amended to read: 5
(a) An offender commits the crime of sexual abuse of a minor in the second 6
degree if, 7
(1) being 17 years of age or older, the offender engages in sexual 8
penetration with a person who is 13, 14, [OR] 15, 16, or 17 years of age and at least 9
four years younger than the offender, or aids, induces, causes, or encourages a person 10
who is 13, 14, [OR] 15, 16, or 17 years of age and at least four years younger than the 11
offender to engage in sexual penetration with another person; 12
(2) being 16 years of age or older, the offender engages in sexual 13
contact with a person who is under 13 years of age or aids, induces, causes, or 14
encourages a person under 13 years of age to engage in sexual contact with another 15
person; 16
(3) being 18 years of age or older, the offender engages in sexual 17
contact with a person who is under 18 years of age, and the offender is the victim's 18
natural parent, stepparent, adopted parent, or legal guardian; 19
(4) being 16 years of age or older, the offender aids, induces, causes, 20
or encourages a person who is under 16 years of age to engage in conduct described in 21
AS 11.41.455(a)(2) - (6); 22
(5) being 18 years of age or older, the offender engages in sexual 23
contact with a person who is under 18 [16] years of age, and 24
(A) the victim at the time of the offense is residing in the same 25
household as the offender and the offender has authority over the victim; or 26
(B) the offender occupies a position of authority in relation to 27
the victim; 28
(6) being 18 years of age or older, the offender engages in sexual 29
penetration with a person who is 16 or 17 years of age and at least three years younger 30
than the offender, and the offender occupies a position of authority in relation to the 31 33-LS1367\A
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victim; or 1
(7) being under 16 years of age, the offender engages in sexual 2
penetration with a person who is under 13 years of age and at least three years younger 3
than the offender. 4
* Sec. 9. AS 11.41.438(a) is amended to read: 5
(a) An offender commits the crime of sexual abuse of a minor in the third 6
degree if being 17 years of age or older, the offender engages in sexual contact with a 7
person who is 13, 14, [OR] 15, 16, or 17 years of age and at least four years younger 8
than the offender. 9
* Sec. 10. AS 11.41.452(a) is amended to read: 10
(a) A person commits the crime of enticement of a minor if the person, being 11
18 years of age or older, knowingly communicates with another person to entice, 12
solicit, or encourage the person to engage in an act described in AS 11.41.455(a)(1) - 13
(7) and 14
(1) the other person is a child under 18 [16] years of age; or 15
(2) the person believes that the other person is a child under 18 [16] 16
years of age. 17
* Sec. 11. AS 11.41.452(b) is amended to read: 18
(b) In a prosecution under (a)(2) of this section, it is not a defense that the 19
person enticed, solicited, or encouraged was not actually a child under 18 [16] years of 20
age. 21
* Sec. 12. AS 11.41.458(b) is amended to read: 22
(b) Indecent exposure in the first degree 23
(1) is a class C felony; or 24
(2) is a class B felony if the offense occurs within the observation of a 25
person under 18 [16] years of age. 26
* Sec. 13. AS 11.41.460(b) is amended to read: 27
(b) Indecent exposure in the second degree before a person under 18 [16] 28
years of age is a class A misdemeanor. Indecent exposure in the second degree before 29
a person 18 [16] years of age or older is a class B misdemeanor. 30
* Sec. 14. AS 11.51.100(a) is amended to read: 31 33-LS1367\A
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(a) A person commits the crime of endangering the welfare of a child in the 1
first degree if, being a parent, guardian, or other person legally charged with the care 2
of a child under 18 [16] years of age, the person 3
(1) intentionally deserts the child in a place under circumstances 4
creating a substantial risk of physical injury to the child; 5
(2) leaves the child with another person who is not a parent, guardian, 6
or lawful custodian of the child knowing that the person is 7
(A) registered or required to register as a sex offender or child 8
kidnapper under AS 12.63 or a law or ordinance in another jurisdiction with 9
similar requirements; 10
(B) charged by complaint, information, or indictment with a 11
violation of AS 11.41.410 - 11.41.455 or a law or ordinance in another 12
jurisdiction with similar elements; or 13
(C) charged by complaint, information, or indictment with an 14
attempt, solicitation, or conspiracy to commit a crime described in (B) of this 15
paragraph; 16
(3) leaves the child with another person knowing that the person has 17
previously physically mistreated or had sexual contact with any child, and the other 18
person causes physical injury to or engages in sexual contact with the child; or 19
(4) recklessly fails to provide an adequate quantity of food or liquids to 20
a child, causing protracted impairment of the child's health. 21
* Sec. 15. AS 11.61.116(a) is amended to read: 22
(a) A person commits the offense of sending an explicit image of a minor if 23
the person, with intent to annoy or humiliate another person, distributes an electronic 24
photograph or video that depicts the genitals, anus, or female breast of that other 25
person taken when that person was a minor under 18 [16] years of age. 26
* Sec. 16. AS 11.61.124(a) is amended to read: 27
(a) An offender commits the crime of solicitation or production of an indecent 28
picture of a minor if, under circumstances not proscribed under AS 11.41.455 or 29
AS 11.61.123, the offender being 18 years of age or older 30
(1) solicits a picture of the genitals, anus, or female breast of another 31 33-LS1367\A
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person and the 1
(A) person solicited is under 18 [16] years of age and at least 2
four years younger than the offender; or 3
(B) offender believes that the other person is under 18 [16] 4
years of age and at least four years younger than the offender; or 5
(2) produces a picture of the genitals, anus, or female breast of another 6
person and the 7
(A) person shown in the picture is under 18 [16] years of age 8
and at least four years younger than the offender; or 9
(B) offender believes that the other person is under 18 [16] 10
years of age and at least four years younger than the offender. 11
* Sec. 17. AS 11.61.124(b) is amended to read: 12
(b) In a prosecution under (a) of this section, it is not a defense that the person 13
solicited or shown in the picture was not actually a person under 18 [16] years of age 14
and at least four years younger than the offender. 15
* Sec. 18. AS 11.61.128(a) is amended to read: 16
(a) A person commits the crime of distribution of indecent material to minors 17
if 18
(1) the person, being 18 years of age or older, intentionally distributes 19
or possesses with intent to distribute any material described in (2) and (3) of this 20
subsection to either 21
(A) a child that the person knows is under 18 [16] years of age; 22
or 23
(B) another person that the person believes is a child under 18 24
[16] years of age; 25
(2) the person knows that the material depicts the following actual or 26
simulated conduct: 27
(A) sexual penetration; 28
(B) the lewd touching of a person's genitals, anus, or female 29
breast; 30
(C) masturbation; 31 33-LS1367\A
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(D) bestiality; 1
(E) the lewd exhibition of a person's genitals, anus, or female 2
breast; or 3
(F) sexual masochism or sadism; and 4
(3) the material is harmful to minors. 5
* Sec. 19. AS 11.61.128(b) is amended to read: 6
(b) In this section, it is not a defense that the victim was not actually under 18 7
[16] years of age. 8
* Sec. 20. AS 11.61.128(c) is amended to read: 9
(c) In this section, "harmful to minors" means 10
(1) the average individual, applying contemporary community 11
standards, would find that the material, taken as a whole, appeals to the prurient 12
interest in sex for persons under 18 [16] years of age; 13
(2) a reasonable person would find that the material, taken as a whole, 14
lacks serious literary, artistic, educational, political, or scientific value for persons 15
under 18 [16] years of age; and 16
(3) the material depicts actual or simulated conduct in a way that is 17
patently offensive to the prevailing standards in the adult community as a whole with 18
respect to what is suitable for persons under 18 [16] years of age. 19
* Sec. 21. AS 12.45.046(a) is amended to read: 20
(a) In a criminal proceeding under AS 11.41 involving the prosecution of an 21
offense committed against a child under the age of 18 [16], or witnessed by a child 22
under the age of 18 [16], the court 23
(1) may appoint a guardian ad litem for the child; 24
(2) on its own motion or on the motion of the party presenting the 25
witness or the guardian ad litem of the child, may order that the testimony of the child 26
be taken by closed circuit television or through one-way mirrors if the court 27
determines that the testimony by the child victim or witness under normal court 28
procedures would result in the child's inability to effectively communicate. 29
* Sec. 22. AS 12.55.125(b) is amended to read: 30
(b) A defendant convicted of attempted murder in the first degree, solicitation 31 33-LS1367\A
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to commit murder in the first degree, conspiracy to commit murder in the first degree, 1
kidnapping, or misconduct involving a controlled substance in the first degree shall be 2
sentenced to a definite term of imprisonment of at least five years but not more than 3
99 years. A defendant convicted of murder in the second degree or murder of an 4
unborn child under AS 11.41.150(a)(2) - (4) shall be sentenced to a definite term of 5
imprisonment of at least 15 years but not more than 99 years. A defendant convicted 6
of murder in the second degree shall be sentenced to a definite term of imprisonment 7
of at least 20 years but not more than 99 years when the defendant is convicted of the 8
murder of a child under 18 [16] years of age and the court finds by clear and 9
convincing evidence that the defendant (1) was a natural parent, a stepparent, an 10
adoptive parent, a legal guardian, or a person occupying a position of authority in 11
relation to the child; or (2) caused the death of the child by committing a crime against 12
a person under AS 11.41.200 - 11.41.530. In this subsection, "legal guardian" and 13
"position of authority" have the meanings given in AS 11.41.470. 14
* Sec. 23. AS 12.55.125(d) is amended to read: 15
(d) Except as provided in (i) of this section, a defendant convicted of a class B 16
felony may be sentenced to a definite term of imprisonment of not more than 10 years, 17
and shall be sentenced to a definite term within the following presumptive ranges, 18
subject to adjustment as provided in AS 12.55.155 - 12.55.175: 19
(1) if the offense is a first felony conviction and does not involve 20
circumstances described in (2) of this subsection, one to three years; a defendant 21
sentenced under this paragraph may, if the court finds it appropriate, be granted a 22
suspended imposition of sentence under AS 12.55.085 if, as a condition of probation 23
under AS 12.55.086, the defendant is required to serve an active term of imprisonment 24
within the range specified in this paragraph, unless the court finds that a mitigation 25
factor under AS 12.55.155 applies; 26
(2) if the offense is a first felony conviction, 27
(A) the defendant violated AS 11.41.130, and the victim was a 28
child under 18 [16] years of age, two to four years; 29
(B) two to four years if the conviction is for attempt, 30
solicitation, or conspiracy to manufacture related to methamphetamine under 31 33-LS1367\A
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AS 11.31 and AS 11.71.021(a)(2)(A) or (B), and 1
(i) the attempted manufacturing occurred, or the 2
solicited or conspired offense was to have occurred, in a building with 3
reckless disregard that the building was used as a permanent or 4
temporary home or place of lodging for one or more children under 18 5
years of age or the building was a place frequented by children; or 6
(ii) in the course of an attempt to manufacture, the 7
defendant obtained the assistance of one or more children under 18 8
years of age or one or more children were present; 9
(3) if the offense is a second felony conviction, three to seven years; 10
(4) if the offense is a third felony conviction, six to 10 years. 11
* Sec. 24. AS 12.55.145(a) is amended to read: 12
(a) For purposes of considering prior convictions in imposing sentence under 13
(1) AS 12.55.125(c), (d), or (e), 14
(A) a prior conviction may not be considered if a period of 10 15
or more years has elapsed between the date of the defendant's unconditional 16
discharge on the immediately preceding offense and commission of the present 17
offense unless the prior conviction was for an unclassified or class A felony; 18
(B) a conviction in this or another jurisdiction of an offense 19
having elements similar to those of a felony defined as such under Alaska law 20
at the time the offense was committed is considered a prior felony conviction; 21
(C) two or more convictions arising out of a single, continuous 22
criminal episode during which there was no substantial change in the nature of 23
the criminal objective are considered a single conviction unless the defendant 24
was sentenced to consecutive sentences for the crimes; offenses committed 25
while attempting to escape or avoid detection or apprehension after the 26
commission of another offense are not part of the same criminal episode or 27
objective; 28
(2) AS 12.55.125(l), 29
(A) a conviction in this or another jurisdiction of an offense 30
having elements similar to those of a most serious felony is considered a prior 31 33-LS1367\A
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most serious felony conviction; 1
(B) commission of and conviction for offenses relied on as 2
prior most serious felony offenses must occur in the following order: 3
conviction for the first offense must occur before commission of the second 4
offense, and conviction for the second offense must occur before commission 5
of the offense for which the defendant is being sentenced; 6
(3) AS 12.55.135(g), 7
(A) a prior conviction may not be considered if a period of five 8
or more years has elapsed between the date of the defendant's unconditional 9
discharge on the immediately preceding offense and commission of the present 10
offense unless the prior conviction was for an unclassified or class A felony; 11
(B) a conviction in this or another jurisdiction of an offense 12
having elements similar to those of a crime against a person or a crime 13
involving domestic violence is considered a prior conviction; 14
(C) two or more convictions arising out of a single, continuous 15
criminal episode during which there was no substantial change in the nature of 16
the criminal objective are considered a single conviction unless the defendant 17
was sentenced to consecutive sentences for the crimes; offenses committed 18
while attempting to escape or avoid detection or apprehension after the 19
commission of another offense are not part of the same criminal episode or 20
objective; 21
(4) AS 12.55.125(i), 22
(A) a conviction in this or another jurisdiction of an offense 23
having elements similar to those of a sexual felony is a prior conviction for a 24
sexual felony; 25
(B) a felony conviction in another jurisdiction making it a 26
crime to commit any lewd and lascivious act on a child under the age of 18 27
[16] years, with the intent of arousing, appealing to, or gratifying the sexual 28
desires of the defendant or the victim is a prior conviction for a sexual felony; 29
(C) two or more convictions arising out of a single, continuous 30
criminal episode during which there was no substantial change in the nature of 31 33-LS1367\A
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the criminal objective are considered a single conviction unless the defendant 1
was sentenced to consecutive sentences for the crimes; offenses committed 2
while attempting to escape or avoid detection or apprehension after the 3
commission of another offense are not part of the same criminal episode or 4
objective; 5
(D) a conviction in this or another jurisdiction of an offense 6
having elements similar to those of a felony defined as such under Alaska law 7
at the time the offense was committed is considered a prior felony conviction. 8
* Sec. 25. AS 12.55.155(c) is amended to read: 9
(c) The following factors shall be considered by the sentencing court if proven 10
in accordance with this section, and may allow imposition of a sentence above the 11
presumptive range set out in AS 12.55.125: 12
(1) a person, other than an accomplice, sustained physical injury as a 13
direct result of the defendant's conduct; 14
(2) the defendant's conduct during the commission of the offense 15
manifested deliberate cruelty to another person; 16
(3) the defendant was the leader of a group of three or more persons 17
who participated in the offense; 18
(4) the defendant employed a dangerous instrument in furtherance of 19
the offense; 20
(5) the defendant knew or reasonably should have known that the 21
victim of the offense was particularly vulnerable or incapable of resistance due to 22
advanced age, disability, ill health, homelessness, consumption of alcohol or drugs, or 23
extreme youth or was for any other reason substantially incapable of exercising 24
normal physical or mental powers of resistance; 25
(6) the defendant's conduct created a risk of imminent physical injury 26
to three or more persons, other than accomplices; 27
(7) a prior felony conviction considered for the purpose of invoking a 28
presumptive range under this chapter was of a more serious class of offense than the 29
present offense; 30
(8) the defendant's prior criminal history includes conduct involving 31 33-LS1367\A
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aggravated assaultive behavior, repeated instances of assaultive behavior, repeated 1
instances of cruelty to animals proscribed under AS 11.61.140(a)(1) and (3) - (5), or a 2
combination of assaultive behavior and cruelty to animals proscribed under 3
AS 11.61.140(a)(1) and (3) - (5); in this paragraph, "aggravated assaultive behavior" 4
means assault that is a felony under AS 11.41, or a similar provision in another 5
jurisdiction; 6
(9) the defendant knew that the offense involved more than one victim; 7
(10) the conduct constituting the offense was among the most serious 8
conduct included in the definition of the offense; 9
(11) the defendant committed the offense under an agreement that the 10
defendant either pay or be paid for the commission of the offense, and the pecuniary 11
incentive was beyond that inherent in the offense itself; 12
(12) the defendant was on release under AS 12.30 for another felony 13
charge or conviction or for a misdemeanor charge or conviction having assault as a 14
necessary element; 15
(13) the defendant knowingly directed the conduct constituting the 16
offense at an active officer of the court or at an active or former judicial officer, 17
prosecuting attorney, law enforcement officer, correctional employee, firefighter, 18
emergency medical technician, paramedic, ambulance attendant, or other emergency 19
responder during or because of the exercise of official duties; 20
(14) the defendant was a member of an organized group of five or 21
more persons, and the offense was committed to further the criminal objectives of the 22
group; 23
(15) the defendant has three or more prior felony convictions; 24
(16) the defendant's criminal conduct was designed to obtain 25
substantial pecuniary gain and the risk of prosecution and punishment for the conduct 26
is slight; 27
(17) the offense was one of a continuing series of criminal offenses 28
committed in furtherance of illegal business activities from which the defendant 29
derives a major portion of the defendant's income; 30
(18) the offense was a felony 31 33-LS1367\A
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(A) specified in AS 11.41 and was committed against a spouse, 1
a former spouse, or a member of the social unit made up of those living 2
together in the same dwelling as the defendant; 3
(B) specified in AS 11.41.410 - 11.41.458 and the defendant 4
has engaged in the same or other conduct prohibited by a provision of 5
AS 11.41.410 - 11.41.460 involving the same or another victim; 6
(C) specified in AS 11.41 that is a crime involving domestic 7
violence and was committed in the physical presence or hearing of a child 8
under 18 [16] years of age who was, at the time of the offense, living within 9
the residence of the victim, the residence of the perpetrator, or the residence 10
where the crime involving domestic violence occurred; 11
(D) specified in AS 11.41 and was committed against a person 12
with whom the defendant has a dating relationship or with whom the defendant 13
has engaged in a sexual relationship; or 14
(E) specified in AS 11.41.434 - 11.41.458 or AS 11.61.128 and 15
the defendant was 10 or more years older than the victim; 16
(19) the defendant's prior criminal history includes an adjudication as a 17
delinquent for conduct that would have been a felony if committed by an adult; 18
(20) the defendant was on furlough under AS 33.30 or on parole or 19
probation for another felony charge or conviction that would be considered a prior 20
felony conviction under AS 12.55.145(a)(1)(B); 21
(21) the defendant has a criminal history of repeated instances of 22
conduct violative of criminal laws, whether punishable as felonies or misdemeanors, 23
similar in nature to the offense for which the defendant is being sentenced under this 24
section; 25
(22) the defendant knowingly directed the conduct constituting the 26
offense at a victim because of that person's race, sex, color, creed, physical or mental 27
disability, ancestry, or national origin; 28
(23) the defendant is convicted of an offense specified in AS 11.71 and 29
(A) the offense involved the delivery of a controlled substance 30
under circumstances manifesting an intent to distribute the substance as part of 31 33-LS1367\A
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a commercial enterprise; or 1
(B) at the time of the conduct resulting in the conviction, the 2
defendant was caring for or assisting in the care of a child under 10 years of 3
age; 4
(24) the defendant is convicted of an offense specified in AS 11.71 and 5
the offense involved the transportation of controlled substances into the state; 6
(25) the defendant is convicted of an offense specified in AS 11.71 and 7
the offense involved large quantities of a controlled substance; 8
(26) the defendant is convicted of an offense specified in AS 11.71 and 9
the offense involved the distribution of a controlled substance that had been 10
adulterated with a toxic substance; 11
(27) the defendant, being 18 years of age or older, 12
(A) is legally accountable under AS 11.16.110(2) for the 13
conduct of a person who, at the time the offense was committed, was under 18 14
years of age and at least three years younger than the defendant; or 15
(B) is aided or abetted in planning or committing the offense by 16
a person who, at the time the offense was committed, was under 18 years of 17
age and at least three years younger than the defendant; 18
(28) the victim of the offense is a person who provided testimony or 19
evidence related to a prior offense committed by the defendant; 20
(29) the defendant committed the offense for the benefit of, at the 21
direction of, or in association with a criminal street gang; 22
(30) the defendant is convicted of an offense specified in AS 11.41.410 23
- 11.41.455, and the defendant knowingly supplied alcohol or a controlled substance to 24
the victim in furtherance of the offense with the intent to make the victim 25
incapacitated; in this paragraph, "incapacitated" has the meaning given in 26
AS 11.41.470; 27
(31) the defendant's prior criminal history includes convictions for five 28
or more crimes in this or another jurisdiction that are class A misdemeanors under the 29
law of this state, or having elements similar to a class A misdemeanor; two or more 30
convictions arising out of a single continuous episode are cons
idered a single 31 33-LS1367\A
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conviction; however, an offense is not a part of a continuous episode if committed 1
while attempting to escape or resist arrest or if it is an assault on a uniformed or 2
otherwise clearly identified peace officer or correctional employee; notice and denial 3
of convictions are governed by AS 12.55.145(b) - (d); 4
(32) the offense is a violation of AS 11.41 or AS 11.46.400 and the 5
offense occurred on school grounds, on a school bus, at a school-sponsored event, or 6
in the administrative offices of a school district if students are educated at that office; 7
in this paragraph, 8
(A) "school bus" has the meaning given in AS 11.71.900; 9
(B) "school district" has the meaning given in AS 47.07.063; 10
(C) "school grounds" has the meaning given in AS 11.71.900; 11
(33) the offense was a felony specified in AS 11.41.410 - 11.41.455, 12
the defendant had been previously diagnosed as having or having tested positive for 13
HIV or AIDS, and the offense either (A) involved penetration, or (B) exposed the 14
victim to a risk or a fear that the offense could result in the transmission of HIV or 15
AIDS; in this paragraph, "HIV" and "AIDS" have the meanings given in 16
AS 18.15.310; 17
(34) the defendant committed the offense on, or to affect persons or 18
property on, the premises of a recognized shelter or facility providing services to 19
victims of domestic violence or sexual assault; 20
(35) the defendant knowingly directed the conduct constituting the 21
offense at a victim because that person was 65 years of age or older; 22
(36) the defendant committed the offense at a health care facility and 23
knowingly directed the conduct constituting the offense at a medical professional 24
during or because of the medical professional's exercise of professional duties; in this 25
paragraph, 26
(A) "health care facility" has the meaning given in 27
AS 18.07.111; 28
(B) "medical professional" has the meaning given in 29
AS 12.55.135(k); 30
(37) the defendant knowingly caused the victim to become 31 33-LS1367\A
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unconscious by means of a dangerous instrument; in this paragraph, "dangerous 1
instrument" has the meaning given in AS 11.81.900(b)(15)(B). 2
* Sec. 26. AS 12.63.020(a) is amended to read: 3
(a) The duty of a sex offender or child kidnapper to comply with the 4
requirements of AS 12.63.010 is as follows: 5
(1) for a sex offender or child kidnapper, as that term is defined in 6
AS 12.63.100(6)(A), for each sex offense or child kidnapping, the duty 7
(A) continues for the lifetime of a sex offender or child 8
kidnapper convicted of 9
(i) one aggravated sex offense; or 10
(ii) two or more sex offenses, two or more child 11
kidnappings, or one sex offense and one child kidnapping; for purposes 12
of this section, a person convicted of indecent exposure before a person 13
under 18 [16] years of age under AS 11.41.460 more than two times 14
has been convicted of two or more sex offenses; 15
(B) ends 15 years following the sex offender's or child 16
kidnapper's unconditional discharge from a conviction for a single sex offense 17
that is not an aggravated sex offense or for a single child kidnapping if the sex 18
offender or child kidnapper has supplied proof that is acceptable to the 19
department of the unconditional discharge; the registration period under this 20
subparagraph 21
(i) is tolled for each year that a sex offender or child 22
kidnapper fails to comply with the requirements of this chapter or is 23
incarcerated for the offense or kidnapping for which the offender or 24
kidnapper is required to register or for any other offense; 25
(ii) may include the time a sex offender or child 26
kidnapper was absent from this state if the sex offender or child 27
kidnapper has complied with any sex offender or child kidnapper 28
registration requirements of the jurisdiction in which the offender or 29
kidnapper was located and if the sex offender or child kidnapper 30
provides the department with proof of the compliance while the sex 31 33-LS1367\A
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offender or child kidnapper was absent from this state; and 1
(iii) continues for a sex offender or child kidnapper who 2
has not supplied proof acceptable to the department of the offender's or 3
kidnapper's unconditional discharge for the sex offense or child 4
kidnapping requiring registration; 5
(2) for a sex offender or child kidnapper, as that term is defined in 6
AS 12.63.100(6)(B), the duty continues for the period determined by the department 7
under (b) of this section. 8
* Sec. 27. AS 12.63.100(7) is amended to read: 9
(7) "sex offense" means 10
(A) a crime under AS 11.41.100(a)(3), or a similar law of 11
another jurisdiction, in which the person committed or attempted to commit a 12
sexual offense, or a similar offense under the laws of the other jurisdiction; in 13
this subparagraph, "sexual offense" has the meaning given in 14
AS 11.41.100(a)(3); 15
(B) a crime under AS 11.41.110(a)(3), or a similar law of 16
another jurisdiction, in which the person committed or attempted to commit 17
one of the following crimes, or a similar law of another jurisdiction: 18
(i) sexual assault in the first degree; 19
(ii) sexual assault in the second degree; 20
(iii) sexual abuse of a minor in the first degree; or 21
(iv) sexual abuse of a minor in the second degree; 22
(C) a crime, or an attempt, solicitation, or conspiracy to commit 23
a crime, under the following statutes or a similar law of another jurisdiction: 24
(i) AS 11.41.410 - 11.41.438; 25
(ii) AS 11.41.440(a)(2); 26
(iii) AS 11.41.450 - 11.41.458; 27
(iv) AS 11.41.460 or AS 26.05.900(c) if the indecent 28
exposure is before a person under 18 [16] years of age and the offender 29
has previously been convicted under AS 11.41.460 or AS 26.05.900(c); 30
(v) AS 11.61.125 - 11.61.128; 31 33-LS1367\A
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(vi) AS 11.66.110, 11.66.130(a)(2)(B), or 1
AS 26.05.900(b) if the person who was induced or caused to engage in 2
prostitution was under 20 years of age at the time of the offense; 3
(vii) former AS 11.15.120, former 11.15.134, or assault 4
with the intent to commit rape under former AS 11.15.160, former 5
AS 11.40.110, or former 11.40.200; 6
(viii) AS 11.61.118(a)(2) if the offender has a previous 7
conviction for that offense; 8
(ix) AS 11.66.100(a)(2) if the offender is subject to 9
punishment under AS 11.66.100(e); 10
(x) AS 26.05.890 if the person engaged in sexual 11
penetration or sexual contact with the victim; 12
(xi) AS 26.05.890 if, at the time of the offense, the 13
victim is under a duty to obey the lawful orders of the offender, 14
regardless of whether the offender is in the direct chain of command 15
over the victim; 16
(xii) AS 26.05.893 if the person engaged in sexual 17
penetration or sexual contact with the victim; 18
(xiii) AS 26.05.900(a)(1) - (4) if the victim is under 18 19
years of age at the time of the offense; 20
(xiv) AS 26.05.900 if, at the time of the offense, the 21
victim is under a duty to obey the lawful orders of the offender, 22
regardless of whether the offender is in the direct chain of command 23
over the victim; or 24
(xv) AS 11.61.123 if the offender is subject to 25
punishment under AS 11.61.123(f)(1) or (2); 26
(D) an offense, or an attempt, solicitation, or conspiracy to 27
commit an offense, under AS 26.05.935(b), or a similar law of another 28
jurisdiction, if the member of the militia commits one of the following 29
enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform 30
Code of Military Justice): 31 33-LS1367\A
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(i) child pornography; or 1
(ii) pandering and prostitution if the person who is 2
induced, enticed, caused, or procured to engage in a sexual act is under 3
20 years of age at the time of the offense; or 4
(E) an offense in which the person is required to register as a 5
sex offender under the laws of another jurisdiction; 6
* Sec. 28. AS 11.41.436(a)(6), 11.41.440(a)(2); and AS 12.63.100(7)(C)(ii) are repealed. 7
* Sec. 29. The uncodified law of the State of Alaska is amended by adding a new section to 8
read: 9
APPLICABILITY. The following apply to offenses committed on or after the 10
effective date of this Act: 11
(1) AS 09.55.650(a), as amended by sec. 1 of this Act; 12
(2) AS 11.41.100(a), as amended by sec. 2 of this Act; 13
(3) AS 11.41.110(a), as amended by sec. 3 of this Act; 14
(4) AS 11.41.220(a), as amended by sec. 4 of this Act; 15
(5) AS 11.41.220(b), as amended by sec. 5 of this Act; 16
(6) AS 11.41.260(a), as amended by sec. 6 of this Act; 17
(7) AS 11.41.434(a), as amended by sec. 7 of this Act; 18
(8) AS 11.41.436(a), as amended by sec. 8 of this Act; 19
(9) AS 11.41.438(a), as amended by sec. 9 of this Act; 20
(10) AS 11.41.452(a), as amended by sec. 10 of this Act; 21
(11) AS 11.41.452(b), as amended by sec. 11 of this Act; 22
(12) AS 11.41.458(b), as amended by sec. 12 of this Act; 23
(13) AS 11.41.460(b), as amended by sec. 13 of this Act; 24
(14) AS 11.51.100(a), as amended by sec. 14 of this Act; 25
(15) AS 11.61.116(a), as amended by sec. 15 of this Act; 26
(16) AS 11.61.124(a), as amended by sec. 16 of this Act; 27
(17) AS 11.61.124(b), as amended by sec. 17 of this Act; 28
(18) AS 11.61.128(a), as amended by sec. 18 of this Act; 29
(19) AS 11.61.128(b), as amended by sec. 19 of this Act; 30
(20) AS 11.61.128(c), as amended by sec. 20 of this Act; 31 33-LS1367\A
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(21) AS 12.45.046(a), as amended by sec. 21 of this Act; 1
(22) AS 12.55.125(b), as amended by sec. 22 of this Act; 2
(23) AS 12.55.125(d), as amended by sec. 23 of this Act; 3
(24) AS 12.55.145(a), as amended by sec. 24 of this Act; 4
(25) AS 12.55.155(c), as amended by sec. 25 of this Act; 5
(26) AS 12.63.020(a), as amended by sec. 26 of this Act; and 6
(27) AS 12.63.100(7) as amended by sec. 27 of this Act. 7