AK
Alaska House Bill HB101

Alaska 2025-2026 Regular Session

Alaska House Bill HB101 Compare Versions

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2-HB0101b -1- CSHB 101(JUD)
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10-CS FOR HOUSE BILL NO. 101(JUD)
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11+ HOUSE BILL NO. 101
1112
1213 IN THE LEGISLATURE OF THE STATE OF ALASKA
1314
1415 THIRTY-FOURTH LEGISLATURE - FIRST SESSION
1516
16-BY THE HOUSE JUDICIARY COMMITTEE
17+BY REPRESENTATIVE GRAY
1718
18-Offered: 3/10/25
19-Referred: Finance
19+Introduced: 2/12/25
20+Referred: Judiciary, Finance
2021
21-Sponsor(s): REPRESENTATIVES GRAY, Bynum, Tomaszewski, Vance
22+
2223 A BILL
2324
2425 FOR AN ACT ENTITLED
2526
2627 "An Act relating to civil claims by victims of sexual abuse to a minor; relating to 1
2728 homicide; relating to assault in the third degree; relating to stalking; relating to sexual 2
2829 abuse of a minor; relating to enticement of a minor; relating to endangering the welfare 3
2930 of a child; relating to indecent exposure; relating to sending an explicit image of a 4
3031 minor; relating to solicitation or production of an indecent picture of a minor; relating 5
3132 to distribution of indecent material to minors; relating to the testimony of children in 6
3233 criminal proceedings; relating to sentencing; and providing for an effective date." 7
3334 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 8
3435 * Section 1. AS 09.55.650(a) is amended to read: 9
3536 (a) A person who, as a minor under 18 [16] years of age, was the victim of
3637 10
3738 sexual abuse may maintain an action for recovery of damages against the perpetrator 11
3839 of the act or acts of sexual abuse based on the perpetrator's intentional conduct for an 12
39-injury or condition suffered as a result of the sexual abuse. 13 34-LS0451\N
40-CSHB 101(JUD) -2- HB0101b
40+injury or condition suffered as a result of the sexual abuse. 13 34-LS0451\A
41+HB 101 -2- HB0101a
4142 New Text Underlined [DELETED TEXT BRACKETED]
4243
4344 * Sec. 2. AS 11.41.100(a) is amended to read: 1
4445 (a) A person commits the crime of murder in the first degree if 2
4546 (1) with intent to cause the death of another person, the person 3
4647 (A) causes the death of any person; or 4
4748 (B) compels or induces any person to commit suicide through 5
4849 duress or deception; 6
4950 (2) the person knowingly engages in conduct directed toward a child 7
5051 under the age of 18 [16] and the person with criminal negligence inflicts serious 8
5152 physical injury on the child by at least two separate acts, and one of the acts results in 9
5253 the death of the child; 10
5354 (3) acting alone or with one or more persons, the person commits or 11
5455 attempts to commit a sexual offense against or kidnapping of a child under 18 [16] 12
5556 years of age and, in the course of or in furtherance of the offense or in immediate 13
5657 flight from that offense, any person causes the death of the child; in this paragraph, 14
5758 "sexual offense" means an offense defined in AS 11.41.410 - 11.41.470; 15
5859 (4) acting alone or with one or more persons, the person commits or 16
5960 attempts to commit criminal mischief in the first degree under AS 11.46.475 and, in 17
6061 the course of or in furtherance of the offense or in immediate flight from that offense, 18
6162 any person causes the death of a person other than one of the participants; or 19
6263 (5) acting alone or with one or more persons, the person commits 20
6364 terroristic threatening in the first degree under AS 11.56.807 and, in the course of or in 21
6465 furtherance of the offense or in immediate flight from that offense, any person causes 22
6566 the death of a person other than one of the participants. 23
6667 * Sec. 3. AS 11.41.110(a) is amended to read: 24
6768 (a) A person commits the crime of murder in the second degree if 25
6869 (1) with intent to cause serious physical injury to another person or 26
6970 knowing that the conduct is substantially certain to cause death or serious physical 27
7071 injury to another person, the person causes the death of any person; 28
7172 (2) the person knowingly engages in conduct that results in the death 29
7273 of another person under circumstances manifesting an extreme indifference to the 30
73-value of human life; 31 34-LS0451\N
74-HB0101b -3- CSHB 101(JUD)
74+value of human life; 31 34-LS0451\A
75+HB0101a -3- HB 101
7576 New Text Underlined [DELETED TEXT BRACKETED]
7677
7778 (3) under circumstances not amounting to murder in the first degree 1
7879 under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the 2
7980 person commits or attempts to commit arson in the first degree, kidnapping, sexual 3
8081 assault in the first degree, sexual assault in the second degree, sexual abuse of a minor 4
8182 in the first degree, sexual abuse of a minor in the second degree, burglary in the first 5
8283 degree, escape in the first or second degree, robbery in any degree, or misconduct 6
8384 involving a controlled substance under AS 11.71.010(a), 11.71.021(a), 11.71.030(a)(2) 7
8485 or (9), or 11.71.040(a)(1) or (2) and, in the course of or in furtherance of that crime or 8
8586 in immediate flight from that crime, any person causes the death of a person other than 9
8687 one of the participants; 10
8788 (4) acting with a criminal street gang, the person commits or attempts 11
8889 to commit a crime that is a felony and, in the course of or in furtherance of that crime 12
8990 or in immediate flight from that crime, any person causes the death of a person other 13
9091 than one of the participants; [OR] 14
9192 (5) the person with criminal negligence causes the death of a child 15
9293 under the age of 18 [16], and the person has been previously convicted of a crime 16
9394 involving a child under the age of 18 [16] that was 17
9495 (A) a felony violation of AS 11.41; 18
9596 (B) in violation of a law or ordinance in another jurisdiction 19
9697 with elements similar to a felony under AS 11.41; or 20
9798 (C) an attempt, a solicitation, or a conspiracy to commit a 21
9899 crime listed in (A) or (B) of this paragraph; or 22
99100 (6) the person knowingly manufactures or delivers a controlled 23
100101 substance in violation of AS 11.71.010 or 11.71.021, and another person dies as a 24
101102 direct result of ingestion of the controlled substance; the death is a result that does not 25
102103 require a culpable mental state. 26
103104 * Sec. 4. AS 11.41.220(a) is amended to read: 27
104105 (a) A person commits the crime of assault in the third degree if that person 28
105106 (1) recklessly 29
106107 (A) places another person in fear of imminent serious physical 30
107-injury by means of a dangerous instrument; 31 34-LS0451\N
108-CSHB 101(JUD) -4- HB0101b
108+injury by means of a dangerous instrument; 31 34-LS0451\A
109+HB 101 -4- HB0101a
109110 New Text Underlined [DELETED TEXT BRACKETED]
110111
111112 (B) causes physical injury to another person by means of a 1
112113 dangerous instrument; or 2
113114 (C) while being 18 years of age or older, 3
114115 (i) causes physical injury to a child under 12 years of 4
115116 age and the injury would cause a reasonable caregiver to seek medical 5
116117 attention from a health care professional in the form of diagnosis or 6
117118 treatment; 7
118119 (ii) causes physical injury to a child under 12 years of 8
119120 age on more than one occasion; 9
120121 (2) with intent to place another person in fear of death or serious 10
121122 physical injury to the person or the person's family member, makes repeated threats to 11
122123 cause death or serious physical injury to another person; 12
123124 (3) while being 18 years of age or older, knowingly causes physical 13
124-injury to a child who is under 18 [16] years of age but at least 12 years of age and at 14
125-least two years younger than the offender and the injury reasonably requires 15
126-medical treatment; 16
127-(4) with criminal negligence, causes serious physical injury under 17
128-AS 11.81.900(b)(60)(B) to another person by means of a dangerous instrument; or 18
129-(5) commits a crime that is a violation of AS 11.41.230(a)(1) or (2) 19
130-and, within the preceding 10 years, the person was convicted on two or more separate 20
131-occasions of crimes under 21
132-(A) AS 11.41.100 - 11.41.170; 22
133-(B) AS 11.41.200 - 11.41.220, 11.41.230(a)(1) or (2), 23
134-11.41.280, or 11.41.282; 24
135-(C) AS 11.41.260 or 11.41.270; 25
136-(D) AS 11.41.410, 11.41.420, or 11.41.425(a)(1); or 26
137-(E) a law or ordinance of this or another jurisdiction with 27
138-elements similar to those of an offense described in (A) - (D) of this paragraph. 28
139- * Sec. 5. AS 11.41.220(b) is amended to read: 29
140-(b) In a prosecution under (a)(3) of this section, it is an affirmative defense 30
141-that, at the time of the alleged offense, the defendant reasonably believed the victim to 31 34-LS0451\N
142-HB0101b -5- CSHB 101(JUD)
125+injury to a child under 18 [16] years of age but at least 12 years of age and the injury 14
126+reasonably requires medical treatment; 15
127+(4) with criminal negligence, causes serious physical injury under 16
128+AS 11.81.900(b)(59)(B) to another person by means of a dangerous instrument; or 17
129+(5) commits a crime that is a violation of AS 11.41.230(a)(1) or (2) 18
130+and, within the preceding 10 years, the person was convicted on two or more separate 19
131+occasions of crimes under 20
132+(A) AS 11.41.100 - 11.41.170; 21
133+(B) AS 11.41.200 - 11.41.220, 11.41.230(a)(1) or (2), 22
134+11.41.280, or 11.41.282; 23
135+(C) AS 11.41.260 or 11.41.270; 24
136+(D) AS 11.41.410, 11.41.420, or 11.41.425(a)(1); or 25
137+(E) a law or ordinance of this or another jurisdiction with 26
138+elements similar to those of an offense described in (A) - (D) of this paragraph. 27
139+ * Sec. 5. AS 11.41.220(b) is amended to read: 28
140+(b) In a prosecution under (a)(3) of this section, it is an affirmative defense 29
141+that, at the time of the alleged offense, the defendant reasonably believed the victim to 30
142+be 18 [16] years of age or older, unless the victim was under 13 years of age at the 31 34-LS0451\A
143+HB0101a -5- HB 101
143144 New Text Underlined [DELETED TEXT BRACKETED]
144145
145-be 18 [16] years of age or older, unless the victim was under 13 years of age at the 1
146-time of the alleged offense. 2
147- * Sec. 6. AS 11.41.260(a) is amended to read: 3
148-(a) A person commits the crime of stalking in the first degree if the person 4
149-violates AS 11.41.270 and 5
150-(1) the actions constituting the offense are in violation of an order 6
151-issued or filed under AS 18.65.850 - 18.65.870 or AS 18.66.100 - 18.66.180 or issued 7
152-under former AS 25.35.010(b) or 25.35.020; 8
153-(2) the actions constituting the offense are in violation of a condition of 9
154-probation, release before trial, release after conviction, or parole; 10
155-(3) the victim is under 18 [16] years of age; 11
156-(4) at any time during the course of conduct constituting the offense, 12
157-the defendant possessed a deadly weapon; 13
158-(5) the defendant has been previously convicted of a crime under this 14
159-section, AS 11.41.270, or AS 11.56.740, or a law or ordinance of this or another 15
160-jurisdiction with elements similar to a crime under this section, AS 11.41.270, or 16
161-AS 11.56.740; or 17
162-(6) the defendant has been previously convicted of a crime, or an 18
163-attempt or solicitation to commit a crime, under (A) AS 11.41.100 - 11.41.250, 19
164-11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, 11.61.120, or (B) a 20
165-law or an ordinance of this or another jurisdiction with elements similar to a crime, or 21
166-an attempt or solicitation to commit a crime, under AS 11.41.100 - 11.41.250, 22
167-11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, or 11.61.120, 23
168-involving the same victim as the present offense. 24
169- * Sec. 7. AS 11.41.434(a) is amended to read: 25
170-(a) An offender commits the crime of sexual abuse of a minor in the first 26
171-degree if 27
172-(1) being 16 years of age or older, the offender engages in sexual 28
173-penetration with a person who is under 13 years of age or aids, induces, causes, or 29
174-encourages a person who is under 13 years of age to engage in sexual penetration with 30
175-another person; 31 34-LS0451\N
176-CSHB 101(JUD) -6- HB0101b
146+time of the alleged offense. 1
147+ * Sec. 6. AS 11.41.260(a) is amended to read: 2
148+(a) A person commits the crime of stalking in the first degree if the person 3
149+violates AS 11.41.270 and 4
150+(1) the actions constituting the offense are in violation of an order 5
151+issued or filed under AS 18.65.850 - 18.65.870 or AS 18.66.100 - 18.66.180 or issued 6
152+under former AS 25.35.010(b) or 25.35.020; 7
153+(2) the actions constituting the offense are in violation of a condition of 8
154+probation, release before trial, release after conviction, or parole; 9
155+(3) the victim is under 18 [16] years of age; 10
156+(4) at any time during the course of conduct constituting the offense, 11
157+the defendant possessed a deadly weapon; 12
158+(5) the defendant has been previously convicted of a crime under this 13
159+section, AS 11.41.270, or AS 11.56.740, or a law or ordinance of this or another 14
160+jurisdiction with elements similar to a crime under this section, AS 11.41.270, or 15
161+AS 11.56.740; or 16
162+(6) the defendant has been previously convicted of a crime, or an 17
163+attempt or solicitation to commit a crime, under (A) AS 11.41.100 - 11.41.250, 18
164+11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, 11.61.120, or (B) a 19
165+law or an ordinance of this or another jurisdiction with elements similar to a crime, or 20
166+an attempt or solicitation to commit a crime, under AS 11.41.100 - 11.41.250, 21
167+11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, or 11.61.120, 22
168+involving the same victim as the present offense. 23
169+ * Sec. 7. AS 11.41.434(a) is amended to read: 24
170+(a) An offender commits the crime of sexual abuse of a minor in the first 25
171+degree if 26
172+(1) being 16 years of age or older, the offender engages in sexual 27
173+penetration with a person who is under 13 years of age or aids, induces, causes, or 28
174+encourages a person who is under 13 years of age to engage in sexual penetration with 29
175+another person; 30
176+(2) being 18 years of age or older, the offender engages in sexual 31 34-LS0451\A
177+HB 101 -6- HB0101a
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178179
179-(2) being 18 years of age or older, the offender engages in sexual 1
180-penetration with a person who is under 18 years of age, and the offender is the victim's 2
181-natural parent, stepparent, adopted parent, or legal guardian; or 3
182-(3) being 18 years of age or older, the offender engages in sexual 4
183-penetration with a person who is under 18 [16] years of age, and 5
184-(A) the victim at the time of the offense is residing in the same 6
185-household as the offender and the offender has authority over the victim; or 7
186-(B) the offender occupies a position of authority in relation to 8
187-the victim. 9
188- * Sec. 8. AS 11.41.436(a) is amended to read: 10
189-(a) An offender commits the crime of sexual abuse of a minor in the second 11
190-degree if, 12
191-(1) being 17 years of age or older, the offender engages in sexual 13
192-penetration with a person who is 13, 14, [OR] 15, 16, or 17 years of age and at least 14
193-four years younger than the offender, or aids, induces, causes, or encourages a person 15
194-who is 13, 14, [OR] 15, 16, or 17 years of age and at least four years younger than the 16
195-offender to engage in sexual penetration with another person; 17
196-(2) being 16 years of age or older, the offender engages in sexual 18
197-contact with a person who is under 13 years of age or aids, induces, causes, or 19
198-encourages a person under 13 years of age to engage in sexual contact with another 20
199-person; 21
200-(3) being 18 years of age or older, the offender engages in sexual 22
201-contact with a person who is under 18 years of age, and the offender is the victim's 23
202-natural parent, stepparent, adopted parent, or legal guardian; 24
203-(4) being 16 years of age or older, the offender aids, induces, causes, 25
204-or encourages a person who is under 16 years of age to engage in conduct described in 26
205-AS 11.41.455(a)(2) - (6); 27
206-(5) being 18 years of age or older, the offender engages in sexual 28
207-contact with a person who is under 18 [16] years of age, and 29
208-(A) the victim at the time of the offense is residing in the same 30
209-household as the offender and the offender has authority over the victim; or 31 34-LS0451\N
210-HB0101b -7- CSHB 101(JUD)
180+penetration with a person who is under 18 years of age, and the offender is the victim's 1
181+natural parent, stepparent, adopted parent, or legal guardian; or 2
182+(3) being 18 years of age or older, the offender engages in sexual 3
183+penetration with a person who is under 18 [16] years of age, and 4
184+(A) the victim at the time of the offense is residing in the same 5
185+household as the offender and the offender has authority over the victim; or 6
186+(B) the offender occupies a position of authority in relation to 7
187+the victim. 8
188+ * Sec. 8. AS 11.41.436(a) is amended to read: 9
189+(a) An offender commits the crime of sexual abuse of a minor in the second 10
190+degree if, 11
191+(1) being 17 years of age or older, the offender engages in sexual 12
192+penetration with a person who is 13, 14, [OR] 15, 16, or 17 years of age and at least 13
193+four years younger than the offender, or aids, induces, causes, or encourages a person 14
194+who is 13, 14, [OR] 15, 16, or 17 years of age and at least four years younger than the 15
195+offender to engage in sexual penetration with another person; 16
196+(2) being 16 years of age or older, the offender engages in sexual 17
197+contact with a person who is under 13 years of age or aids, induces, causes, or 18
198+encourages a person under 13 years of age to engage in sexual contact with another 19
199+person; 20
200+(3) being 18 years of age or older, the offender engages in sexual 21
201+contact with a person who is under 18 years of age, and the offender is the victim's 22
202+natural parent, stepparent, adopted parent, or legal guardian; 23
203+(4) being 16 years of age or older, the offender aids, induces, causes, 24
204+or encourages a person who is under 16 years of age to engage in conduct described in 25
205+AS 11.41.455(a)(2) - (6); 26
206+(5) being 18 years of age or older, the offender engages in sexual 27
207+contact with a person who is under 18 [16] years of age, and 28
208+(A) the victim at the time of the offense is residing in the same 29
209+household as the offender and the offender has authority over the victim; or 30
210+(B) the offender occupies a position of authority in relation to 31 34-LS0451\A
211+HB0101a -7- HB 101
211212 New Text Underlined [DELETED TEXT BRACKETED]
212213
213-(B) the offender occupies a position of authority in relation to 1
214-the victim; 2
215-(6) being 18 years of age or older, the offender engages in sexual 3
216-penetration with a person who is 16 or 17 years of age and at least three years younger 4
217-than the offender, and the offender occupies a position of authority in relation to the 5
218-victim; or 6
219-(7) being under 16 years of age, the offender engages in sexual 7
220-penetration with a person who is under 13 years of age and at least three years younger 8
221-than the offender. 9
222- * Sec. 9. AS 11.41.438(a) is amended to read: 10
223-(a) An offender commits the crime of sexual abuse of a minor in the third 11
224-degree if being 17 years of age or older, the offender engages in sexual contact with a 12
225-person who is 13, 14, [OR] 15, 16, or 17 years of age and at least four years younger 13
226-than the offender. 14
227- * Sec. 10. AS 11.41.452(a) is amended to read: 15
228-(a) An offender [A PERSON] commits the crime of enticement of a minor if 16
229-the offender [PERSON], being 18 years of age or older, knowingly communicates 17
230-with another person to entice, solicit, or encourage the person to engage in an act 18
231-described in AS 11.41.455(a)(1) - (7) and 19
232-(1) the other person is a child under 18 [16] years of age and at least 20
233-two years younger than the offender; or 21
234-(2) the offender [PERSON] believes that the other person is a child 22
235-under 18 [16] years of age and at least two years younger than the offender. 23
236- * Sec. 11. AS 11.41.452(b) is amended to read: 24
237-(b) In a prosecution under (a)(2) of this section, it is not a defense that the 25
238-person enticed, solicited, or encouraged was not actually a child under 18 [16] years of 26
239-age. 27
240- * Sec. 12. AS 11.41.452(e) is amended to read: 28
241-(e) Enticement of a minor is a class A felony if the offender [DEFENDANT] 29
242-was, at the time of the offense, required to register as a sex offender or child kidnapper 30
243-under AS 12.63 or a similar law of another jurisdiction. 31 34-LS0451\N
244-CSHB 101(JUD) -8- HB0101b
214+the victim; 1
215+(6) being 18 years of age or older, the offender engages in sexual 2
216+penetration with a person who is 16 or 17 years of age and at least three years younger 3
217+than the offender, and the offender occupies a position of authority in relation to the 4
218+victim; or 5
219+(7) being under 16 years of age, the offender engages in sexual 6
220+penetration with a person who is under 13 years of age and at least three years younger 7
221+than the offender. 8
222+ * Sec. 9. AS 11.41.438(a) is amended to read: 9
223+(a) An offender commits the crime of sexual abuse of a minor in the third 10
224+degree if being 17 years of age or older, the offender engages in sexual contact with a 11
225+person who is 13, 14, [OR] 15, 16, or 17 years of age and at least four years younger 12
226+than the offender. 13
227+ * Sec. 10. AS 11.41.452(a) is amended to read: 14
228+(a) A person commits the crime of enticement of a minor if the person, being 15
229+18 years of age or older, knowingly communicates with another person to entice, 16
230+solicit, or encourage the person to engage in an act described in AS 11.41.455(a)(1) - 17
231+(7) and 18
232+(1) the other person is a child under 18 [16] years of age; or 19
233+(2) the person believes that the other person is a child under 18 [16] 20
234+years of age. 21
235+ * Sec. 11. AS 11.41.452(b) is amended to read: 22
236+(b) In a prosecution under (a)(2) of this section, it is not a defense that the 23
237+person enticed, solicited, or encouraged was not actually a child under 18 [16] years of 24
238+age. 25
239+ * Sec. 12. AS 11.41.458(b) is amended to read: 26
240+(b) Indecent exposure in the first degree 27
241+(1) is a class C felony; or 28
242+(2) is a class B felony if the offense occurs within the observation of a 29
243+person under 18 [16] years of age. 30
244+ * Sec. 13. AS 11.41.460(b) is amended to read: 31 34-LS0451\A
245+HB 101 -8- HB0101a
245246 New Text Underlined [DELETED TEXT BRACKETED]
246247
247- * Sec. 13. AS 11.41.458(b) is amended to read: 1
248-(b) Indecent exposure in the first degree 2
249-(1) is a class C felony; or 3
250-(2) is a class B felony if the offense occurs within the observation of a 4
251-person under 18 [16] years of age. 5
252- * Sec. 14. AS 11.41.460(b) is amended to read: 6
253-(b) Indecent exposure in the second degree before a person under 18 [16] 7
254-years of age is a class A misdemeanor. Indecent exposure in the second degree before 8
255-a person 18 [16] years of age or older is a class B misdemeanor. 9
256- * Sec. 15. AS 11.51.100(a) is amended to read: 10
257-(a) A person commits the crime of endangering the welfare of a child in the 11
258-first degree if, being a parent, guardian, or other person legally charged with the care 12
259-of a child under 18 [16] years of age, the person 13
260-(1) intentionally deserts the child in a place under circumstances 14
261-creating a substantial risk of physical injury to the child; 15
262-(2) leaves the child with another person who is not a parent, guardian, 16
263-or lawful custodian of the child knowing that the person is 17
264-(A) registered or required to register as a sex offender or child 18
265-kidnapper under AS 12.63 or a law or ordinance in another jurisdiction with 19
266-similar requirements; 20
267-(B) charged by complaint, information, or indictment with a 21
268-violation of AS 11.41.410 - 11.41.455 or a law or ordinance in another 22
269-jurisdiction with similar elements; or 23
270-(C) charged by complaint, information, or indictment with an 24
271-attempt, solicitation, or conspiracy to commit a crime described in (B) of this 25
272-paragraph; 26
273-(3) leaves the child with another person knowing that the person has 27
274-previously physically mistreated or had sexual contact with any child, and the other 28
275-person causes physical injury to or engages in sexual contact with the child; or 29
276-(4) recklessly fails to provide an adequate quantity of food or liquids to 30
277-a child, causing protracted impairment of the child's health. 31 34-LS0451\N
278-HB0101b -9- CSHB 101(JUD)
248+(b) Indecent exposure in the second degree before a person under 18 [16] 1
249+years of age is a class A misdemeanor. Indecent exposure in the second degree before 2
250+a person 18 [16] years of age or older is a class B misdemeanor. 3
251+ * Sec. 14. AS 11.51.100(a) is amended to read: 4
252+(a) A person commits the crime of endangering the welfare of a child in the 5
253+first degree if, being a parent, guardian, or other person legally charged with the care 6
254+of a child under 18 [16] years of age, the person 7
255+(1) intentionally deserts the child in a place under circumstances 8
256+creating a substantial risk of physical injury to the child; 9
257+(2) leaves the child with another person who is not a parent, guardian, 10
258+or lawful custodian of the child knowing that the person is 11
259+(A) registered or required to register as a sex offender or child 12
260+kidnapper under AS 12.63 or a law or ordinance in another jurisdiction with 13
261+similar requirements; 14
262+(B) charged by complaint, information, or indictment with a 15
263+violation of AS 11.41.410 - 11.41.455 or a law or ordinance in another 16
264+jurisdiction with similar elements; or 17
265+(C) charged by complaint, information, or indictment with an 18
266+attempt, solicitation, or conspiracy to commit a crime described in (B) of this 19
267+paragraph; 20
268+(3) leaves the child with another person knowing that the person has 21
269+previously physically mistreated or had sexual contact with any child, and the other 22
270+person causes physical injury to or engages in sexual contact with the child; or 23
271+(4) recklessly fails to provide an adequate quantity of food or liquids to 24
272+a child, causing protracted impairment of the child's health. 25
273+ * Sec. 15. AS 11.61.116(a) is amended to read: 26
274+(a) A person commits the offense of sending an explicit image of a minor if 27
275+the person, with intent to annoy or humiliate another person, distributes an electronic 28
276+photograph or video that depicts the genitals, anus, or female breast of that other 29
277+person taken when that person was a minor under 18 [16] years of age. 30
278+ * Sec. 16. AS 11.61.124(a) is amended to read: 31 34-LS0451\A
279+HB0101a -9- HB 101
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280281
281- * Sec. 16. AS 11.61.116(a) is amended to read: 1
282-(a) A person commits the offense of sending an explicit image of a minor if 2
283-the person, with intent to annoy or humiliate another person, distributes an electronic 3
284-photograph or video that depicts the genitals, anus, or female breast of that other 4
285-person taken when that person was a minor under 18 [16] years of age. 5
286- * Sec. 17. AS 11.61.124(a) is amended to read: 6
287-(a) An offender commits the crime of solicitation or production of an indecent 7
288-picture of a minor if, under circumstances not proscribed under AS 11.41.455 or 8
289-AS 11.61.123, the offender being 18 years of age or older 9
290-(1) solicits a picture of the genitals, anus, or female breast of another 10
282+(a) An offender commits the crime of solicitation or production of an indecent 1
283+picture of a minor if, under circumstances not proscribed under AS 11.41.455 or 2
284+AS 11.61.123, the offender being 18 years of age or older 3
285+(1) solicits a picture of the genitals, anus, or female breast of another 4
286+person and the 5
287+(A) person solicited is under 18 [16] years of age and at least 6
288+four years younger than the offender; or 7
289+(B) offender believes that the other person is under 18 [16] 8
290+years of age and at least four years younger than the offender; or 9
291+(2) produces a picture of the genitals, anus, or female breast of another 10
291292 person and the 11
292-(A) person solicited is under 18 [16] years of age and at least 12
293-four years younger than the offender; or 13
293+(A) person shown in the picture is under 18 [16] years of age 12
294+and at least four years younger than the offender; or 13
294295 (B) offender believes that the other person is under 18 [16] 14
295-years of age and at least four years younger than the offender; or 15
296-(2) produces a picture of the genitals, anus, or female breast of another 16
297-person and the 17
298-(A) person shown in the picture is under 18 [16] years of age 18
299-and at least four years younger than the offender; or 19
300-(B) offender believes that the other person is under 18 [16] 20
301-years of age and at least four years younger than the offender. 21
302- * Sec. 18. AS 11.61.124(b) is amended to read: 22
303-(b) In a prosecution under (a) of this section, it is not a defense that the person 23
304-solicited or shown in the picture was not actually a person under 18 [16] years of age 24
305-and at least four years younger than the offender. 25
306- * Sec. 19. AS 11.61.128(a) is amended to read: 26
307-(a) An offender [A PERSON] commits the crime of distribution of indecent 27
308-material to minors if 28
309-(1) the offender [PERSON], being 18 years of age or older, 29
310-intentionally distributes or possesses with intent to distribute any material described in 30
311-(2) and (3) of this subsection to either 31 34-LS0451\N
312-CSHB 101(JUD) -10- HB0101b
296+years of age and at least four years younger than the offender. 15
297+ * Sec. 17. AS 11.61.124(b) is amended to read: 16
298+(b) In a prosecution under (a) of this section, it is not a defense that the person 17
299+solicited or shown in the picture was not actually a person under 18 [16] years of age 18
300+and at least four years younger than the offender. 19
301+ * Sec. 18. AS 11.61.128(a) is amended to read: 20
302+(a) A person commits the crime of distribution of indecent material to minors 21
303+if 22
304+(1) the person, being 18 years of age or older, intentionally distributes 23
305+or possesses with intent to distribute any material described in (2) and (3) of this 24
306+subsection to either 25
307+(A) a child that the person knows is under 18 [16] years of age; 26
308+or 27
309+(B) another person that the person believes is a child under 18 28
310+[16] years of age; 29
311+(2) the person knows that the material depicts the following actual or 30
312+simulated conduct: 31 34-LS0451\A
313+HB 101 -10- HB0101a
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314315
315-(A) a child who [THAT] the offender [PERSON] knows is 1
316-under 18 [16] years of age and at least two years younger than the offender; 2
317-or 3
318-(B) another person that the offender [PERSON] believes is a 4
319-child under 18 [16] years of age and at least two years younger than the 5
320-offender; 6
321-(2) the offender [PERSON] knows that the material depicts the 7
322-following actual or simulated conduct: 8
323-(A) sexual penetration; 9
324-(B) the lewd touching of a person's genitals, anus, or female 10
325-breast; 11
326-(C) masturbation; 12
327-(D) bestiality; 13
328-(E) the lewd exhibition of a person's genitals, anus, or female 14
329-breast; or 15
330-(F) sexual masochism or sadism; and 16
331-(3) the material is harmful to minors. 17
332- * Sec. 20. AS 11.61.128(b) is amended to read: 18
333-(b) In this section, it is not a defense that the victim was not actually under 18 19
334-[16] years of age. 20
335- * Sec. 21. AS 11.61.128(c) is amended to read: 21
336-(c) In this section, "harmful to minors" means 22
337-(1) the average individual, applying contemporary community 23
338-standards, would find that the material, taken as a whole, appeals to the prurient 24
339-interest in sex for persons under 18 [16] years of age; 25
340-(2) a reasonable person would find that the material, taken as a whole, 26
341-lacks serious literary, artistic, educational, political, or scientific value for persons 27
342-under 18 [16] years of age; and 28
343-(3) the material depicts actual or simulated conduct in a way that is 29
344-patently offensive to the prevailing standards in the adult community as a whole with 30
345-respect to what is suitable for persons under 18 [16] years of age. 31 34-LS0451\N
346-HB0101b -11- CSHB 101(JUD)
316+(A) sexual penetration; 1
317+(B) the lewd touching of a person's genitals, anus, or female 2
318+breast; 3
319+(C) masturbation; 4
320+(D) bestiality; 5
321+(E) the lewd exhibition of a person's genitals, anus, or female 6
322+breast; or 7
323+(F) sexual masochism or sadism; and 8
324+(3) the material is harmful to minors. 9
325+ * Sec. 19. AS 11.61.128(b) is amended to read: 10
326+(b) In this section, it is not a defense that the victim was not actually under 18 11
327+[16] years of age. 12
328+ * Sec. 20. AS 11.61.128(c) is amended to read: 13
329+(c) In this section, "harmful to minors" means 14
330+(1) the average individual, applying contemporary community 15
331+standards, would find that the material, taken as a whole, appeals to the prurient 16
332+interest in sex for persons under 18 [16] years of age; 17
333+(2) a reasonable person would find that the material, taken as a whole, 18
334+lacks serious literary, artistic, educational, political, or scientific value for persons 19
335+under 18 [16] years of age; and 20
336+(3) the material depicts actual or simulated conduct in a way that is 21
337+patently offensive to the prevailing standards in the adult community as a whole with 22
338+respect to what is suitable for persons under 18 [16] years of age. 23
339+ * Sec. 21. AS 12.45.046(a) is amended to read: 24
340+(a) In a criminal proceeding under AS 11.41 involving the prosecution of an 25
341+offense committed against a child under the age of 18 [16], or witnessed by a child 26
342+under the age of 18 [16], the court 27
343+(1) may appoint a guardian ad litem for the child; 28
344+(2) on its own motion or on the motion of the party presenting the 29
345+witness or the guardian ad litem of the child, may order that the testimony of the child 30
346+be taken by closed circuit television or through one-way mirrors if the court 31 34-LS0451\A
347+HB0101a -11- HB 101
347348 New Text Underlined [DELETED TEXT BRACKETED]
348349
349- * Sec. 22. AS 11.61.128(e) is amended to read: 1
350-(e) Distribution of indecent material to minors is a class B felony if the 2
351-offender [DEFENDANT] was, at the time of the offense, required to register as a sex 3
352-offender or child kidnapper under AS 12.63 or a similar law of another jurisdiction. 4
353- * Sec. 23. AS 12.45.046(a) is amended to read: 5
354-(a) In a criminal proceeding under AS 11.41 involving the prosecution of an 6
355-offense committed against a child under the age of 18 [16], or witnessed by a child 7
356-under the age of 18 [16], the court 8
357-(1) may appoint a guardian ad litem for the child; 9
358-(2) on its own motion or on the motion of the party presenting the 10
359-witness or the guardian ad litem of the child, may order that the testimony of the child 11
360-be taken by closed circuit television or through one-way mirrors if the court 12
361-determines that the testimony by the child victim or witness under normal court 13
362-procedures would result in the child's inability to effectively communicate. 14
363- * Sec. 24. AS 12.55.125(b) is amended to read: 15
364-(b) A defendant convicted of attempted murder in the first degree, solicitation 16
365-to commit murder in the first degree, conspiracy to commit murder in the first degree, 17
366-kidnapping, or misconduct involving a controlled substance in the first degree shall be 18
367-sentenced to a definite term of imprisonment of at least five years but not more than 19
368-99 years. A defendant convicted of murder in the second degree or murder of an 20
369-unborn child under AS 11.41.150(a)(2) - (4) shall be sentenced to a definite term of 21
370-imprisonment of at least 15 years but not more than 99 years. A defendant convicted 22
371-of murder in the second degree shall be sentenced to a definite term of imprisonment 23
372-of at least 20 years but not more than 99 years when the defendant is convicted of the 24
373-murder of a child under 18 [16] years of age and the court finds by clear and 25
374-convincing evidence that the defendant (1) was a natural parent, a stepparent, an 26
375-adoptive parent, a legal guardian, or a person occupying a position of authority in 27
376-relation to the child; or (2) caused the death of the child by committing a crime against 28
377-a person under AS 11.41.200 - 11.41.530. In this subsection, "legal guardian" and 29
378-"position of authority" have the meanings given in AS 11.41.470. 30
379- * Sec. 25. AS 12.55.125(d) is amended to read: 31 34-LS0451\N
380-CSHB 101(JUD) -12- HB0101b
350+determines that the testimony by the child victim or witness under normal court 1
351+procedures would result in the child's inability to effectively communicate. 2
352+ * Sec. 22. AS 12.55.125(b) is amended to read: 3
353+(b) A defendant convicted of attempted murder in the first degree, solicitation 4
354+to commit murder in the first degree, conspiracy to commit murder in the first degree, 5
355+kidnapping, or misconduct involving a controlled substance in the first degree shall be 6
356+sentenced to a definite term of imprisonment of at least five years but not more than 7
357+99 years. A defendant convicted of murder in the second degree or murder of an 8
358+unborn child under AS 11.41.150(a)(2) - (4) shall be sentenced to a definite term of 9
359+imprisonment of at least 15 years but not more than 99 years. A defendant convicted 10
360+of murder in the second degree shall be sentenced to a definite term of imprisonment 11
361+of at least 20 years but not more than 99 years when the defendant is convicted of the 12
362+murder of a child under 18 [16] years of age and the court finds by clear and 13
363+convincing evidence that the defendant (1) was a natural parent, a stepparent, an 14
364+adoptive parent, a legal guardian, or a person occupying a position of authority in 15
365+relation to the child; or (2) caused the death of the child by committing a crime against 16
366+a person under AS 11.41.200 - 11.41.530. In this subsection, "legal guardian" and 17
367+"position of authority" have the meanings given in AS 11.41.470. 18
368+ * Sec. 23. AS 12.55.125(d) is amended to read: 19
369+(d) Except as provided in (i) of this section, a defendant convicted of a class B 20
370+felony may be sentenced to a definite term of imprisonment of not more than 10 years, 21
371+and shall be sentenced to a definite term within the following presumptive ranges, 22
372+subject to adjustment as provided in AS 12.55.155 - 12.55.175: 23
373+(1) if the offense is a first felony conviction and does not involve 24
374+circumstances described in (2) of this subsection, one to three years; a defendant 25
375+sentenced under this paragraph may, if the court finds it appropriate, be granted a 26
376+suspended imposition of sentence under AS 12.55.085 if, as a condition of probation 27
377+under AS 12.55.086, the defendant is required to serve an active term of imprisonment 28
378+within the range specified in this paragraph, unless the court finds that a mitigation 29
379+factor under AS 12.55.155 applies; 30
380+(2) if the offense is a first felony conviction, 31 34-LS0451\A
381+HB 101 -12- HB0101a
381382 New Text Underlined [DELETED TEXT BRACKETED]
382383
383-(d) Except as provided in (i) of this section, a defendant convicted of a class B 1
384-felony may be sentenced to a definite term of imprisonment of not more than 10 years, 2
385-and shall be sentenced to a definite term within the following presumptive ranges, 3
386-subject to adjustment as provided in AS 12.55.155 - 12.55.175: 4
387-(1) if the offense is a first felony conviction and does not involve 5
388-circumstances described in (2) of this subsection, one to three years; a defendant 6
389-sentenced under this paragraph may, if the court finds it appropriate, be granted a 7
390-suspended imposition of sentence under AS 12.55.085 if, as a condition of probation 8
391-under AS 12.55.086, the defendant is required to serve an active term of imprisonment 9
392-within the range specified in this paragraph, unless the court finds that a mitigation 10
393-factor under AS 12.55.155 applies; 11
394-(2) if the offense is a first felony conviction, 12
395-(A) the defendant violated AS 11.41.130, and the victim was a 13
396-child under 18 [16] years of age, two to four years; 14
397-(B) two to four years if the conviction is for attempt, 15
398-solicitation, or conspiracy to manufacture related to methamphetamine under 16
399-AS 11.31 and AS 11.71.021(a)(2)(A) or (B), and 17
400-(i) the attempted manufacturing occurred, or the 18
401-solicited or conspired offense was to have occurred, in a building with 19
402-reckless disregard that the building was used as a permanent or 20
403-temporary home or place of lodging for one or more children under 18 21
404-years of age or the building was a place frequented by children; or 22
405-(ii) in the course of an attempt to manufacture, the 23
406-defendant obtained the assistance of one or more children under 18 24
407-years of age or one or more children were present; 25
408-(3) if the offense is a second felony conviction, three to seven years; 26
409-(4) if the offense is a third felony conviction, six to 10 years. 27
410- * Sec. 26. AS 12.55.145(a) is amended to read: 28
411-(a) For purposes of considering prior convictions in imposing sentence under 29
412-(1) AS 12.55.125(c), (d), or (e), 30
413-(A) a prior conviction may not be considered if a period of 10 31 34-LS0451\N
414-HB0101b -13- CSHB 101(JUD)
384+(A) the defendant violated AS 11.41.130, and the victim was a 1
385+child under 18 [16] years of age, two to four years; 2
386+(B) two to four years if the conviction is for attempt, 3
387+solicitation, or conspiracy to manufacture related to methamphetamine under 4
388+AS 11.31 and AS 11.71.021(a)(2)(A) or (B), and 5
389+(i) the attempted manufacturing occurred, or the 6
390+solicited or conspired offense was to have occurred, in a building with 7
391+reckless disregard that the building was used as a permanent or 8
392+temporary home or place of lodging for one or more children under 18 9
393+years of age or the building was a place frequented by children; or 10
394+(ii) in the course of an attempt to manufacture, the 11
395+defendant obtained the assistance of one or more children under 18 12
396+years of age or one or more children were present; 13
397+(3) if the offense is a second felony conviction, three to seven years; 14
398+(4) if the offense is a third felony conviction, six to 10 years. 15
399+ * Sec. 24. AS 12.55.145(a) is amended to read: 16
400+(a) For purposes of considering prior convictions in imposing sentence under 17
401+(1) AS 12.55.125(c), (d), or (e), 18
402+(A) a prior conviction may not be considered if a period of 10 19
403+or more years has elapsed between the date of the defendant's unconditional 20
404+discharge on the immediately preceding offense and commission of the present 21
405+offense unless the prior conviction was for an unclassified or class A felony; 22
406+(B) a conviction in this or another jurisdiction of an offense 23
407+having elements similar to those of a felony defined as such under Alaska law 24
408+at the time the offense was committed is considered a prior felony conviction; 25
409+(C) two or more convictions arising out of a single, continuous 26
410+criminal episode during which there was no substantial change in the nature of 27
411+the criminal objective are considered a single conviction unless the defendant 28
412+was sentenced to consecutive sentences for the crimes; offenses committed 29
413+while attempting to escape or avoid detection or apprehension after the 30
414+commission of another offense are not part of the same criminal episode or 31 34-LS0451\A
415+HB0101a -13- HB 101
415416 New Text Underlined [DELETED TEXT BRACKETED]
416417
417-or more years has elapsed between the date of the defendant's unconditional 1
418-discharge on the immediately preceding offense and commission of the present 2
419-offense unless the prior conviction was for an unclassified or class A felony; 3
420-(B) a conviction in this or another jurisdiction of an offense 4
421-having elements similar to those of a felony defined as such under Alaska law 5
422-at the time the offense was committed is considered a prior felony conviction; 6
423-(C) two or more convictions arising out of a single, continuous 7
424-criminal episode during which there was no substantial change in the nature of 8
425-the criminal objective are considered a single conviction unless the defendant 9
426-was sentenced to consecutive sentences for the crimes; offenses committed 10
427-while attempting to escape or avoid detection or apprehension after the 11
428-commission of another offense are not part of the same criminal episode or 12
429-objective; 13
430-(2) AS 12.55.125(l), 14
431-(A) a conviction in this or another jurisdiction of an offense 15
432-having elements similar to those of a most serious felony is considered a prior 16
433-most serious felony conviction; 17
434-(B) commission of and conviction for offenses relied on as 18
435-prior most serious felony offenses must occur in the following order: 19
436-conviction for the first offense must occur before commission of the second 20
437-offense, and conviction for the second offense must occur before commission 21
438-of the offense for which the defendant is being sentenced; 22
439-(3) AS 12.55.135(g), 23
440-(A) a prior conviction may not be considered if a period of five 24
441-or more years has elapsed between the date of the defendant's unconditional 25
442-discharge on the immediately preceding offense and commission of the present 26
443-offense unless the prior conviction was for an unclassified or class A felony; 27
444-(B) a conviction in this or another jurisdiction of an offense 28
445-having elements similar to those of a crime against a person or a crime 29
446-involving domestic violence is considered a prior conviction; 30
447-(C) two or more convictions arising out of a single, continuous 31 34-LS0451\N
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418+objective; 1
419+(2) AS 12.55.125(l), 2
420+(A) a conviction in this or another jurisdiction of an offense 3
421+having elements similar to those of a most serious felony is considered a prior 4
422+most serious felony conviction; 5
423+(B) commission of and conviction for offenses relied on as 6
424+prior most serious felony offenses must occur in the following order: 7
425+conviction for the first offense must occur before commission of the second 8
426+offense, and conviction for the second offense must occur before commission 9
427+of the offense for which the defendant is being sentenced; 10
428+(3) AS 12.55.135(g), 11
429+(A) a prior conviction may not be considered if a period of five 12
430+or more years has elapsed between the date of the defendant's unconditional 13
431+discharge on the immediately preceding offense and commission of the present 14
432+offense unless the prior conviction was for an unclassified or class A felony; 15
433+(B) a conviction in this or another jurisdiction of an offense 16
434+having elements similar to those of a crime against a person or a crime 17
435+involving domestic violence is considered a prior conviction; 18
436+(C) two or more convictions arising out of a single, continuous 19
437+criminal episode during which there was no substantial change in the nature of 20
438+the criminal objective are considered a single conviction unless the defendant 21
439+was sentenced to consecutive sentences for the crimes; offenses committed 22
440+while attempting to escape or avoid detection or apprehension after the 23
441+commission of another offense are not part of the same criminal episode or 24
442+objective; 25
443+(4) AS 12.55.125(i), 26
444+(A) a conviction in this or another jurisdiction of an offense 27
445+having elements similar to those of a sexual felony is a prior conviction for a 28
446+sexual felony; 29
447+(B) a felony conviction in another jurisdiction making it a 30
448+crime to commit any lewd and lascivious act on a child under the age of 18 31 34-LS0451\A
449+HB 101 -14- HB0101a
449450 New Text Underlined [DELETED TEXT BRACKETED]
450451
451-criminal episode during which there was no substantial change in the nature of 1
452-the criminal objective are considered a single conviction unless the defendant 2
453-was sentenced to consecutive sentences for the crimes; offenses committed 3
454-while attempting to escape or avoid detection or apprehension after the 4
455-commission of another offense are not part of the same criminal episode or 5
456-objective; 6
457-(4) AS 12.55.125(i), 7
458-(A) a conviction in this or another jurisdiction of an offense 8
459-having elements similar to those of a sexual felony is a prior conviction for a 9
460-sexual felony; 10
461-(B) a felony conviction in another jurisdiction making it a 11
462-crime to commit any lewd and lascivious act on a child under the age of 18 12
463-[16] years, with the intent of arousing, appealing to, or gratifying the sexual 13
464-desires of the defendant or the victim is a prior conviction for a sexual felony; 14
465-(C) two or more convictions arising out of a single, continuous 15
466-criminal episode during which there was no substantial change in the nature of 16
467-the criminal objective are considered a single conviction unless the defendant 17
468-was sentenced to consecutive sentences for the crimes; offenses committed 18
469-while attempting to escape or avoid detection or apprehension after the 19
470-commission of another offense are not part of the same criminal episode or 20
471-objective; 21
472-(D) a conviction in this or another jurisdiction of an offense 22
473-having elements similar to those of a felony defined as such under Alaska law 23
474-at the time the offense was committed is considered a prior felony conviction. 24
475- * Sec. 27. AS 12.55.155(c) is amended to read: 25
476-(c) The following factors shall be considered by the sentencing court if proven 26
477-in accordance with this section, and may allow imposition of a sentence above the 27
478-presumptive range set out in AS 12.55.125: 28
479-(1) a person, other than an accomplice, sustained physical injury as a 29
480-direct result of the defendant's conduct; 30
481-(2) the defendant's conduct during the commission of the offense 31 34-LS0451\N
482-HB0101b -15- CSHB 101(JUD)
452+[16] years, with the intent of arousing, appealing to, or gratifying the sexual 1
453+desires of the defendant or the victim is a prior conviction for a sexual felony; 2
454+(C) two or more convictions arising out of a single, continuous 3
455+criminal episode during which there was no substantial change in the nature of 4
456+the criminal objective are considered a single conviction unless the defendant 5
457+was sentenced to consecutive sentences for the crimes; offenses committed 6
458+while attempting to escape or avoid detection or apprehension after the 7
459+commission of another offense are not part of the same criminal episode or 8
460+objective; 9
461+(D) a conviction in this or another jurisdiction of an offense 10
462+having elements similar to those of a felony defined as such under Alaska law 11
463+at the time the offense was committed is considered a prior felony conviction. 12
464+ * Sec. 25. AS 12.55.155(c) is amended to read: 13
465+(c) The following factors shall be considered by the sentencing court if proven 14
466+in accordance with this section, and may allow imposition of a sentence above the 15
467+presumptive range set out in AS 12.55.125: 16
468+(1) a person, other than an accomplice, sustained physical injury as a 17
469+direct result of the defendant's conduct; 18
470+(2) the defendant's conduct during the commission of the offense 19
471+manifested deliberate cruelty to another person; 20
472+(3) the defendant was the leader of a group of three or more persons 21
473+who participated in the offense; 22
474+(4) the defendant employed a dangerous instrument in furtherance of 23
475+the offense; 24
476+(5) the defendant knew or reasonably should have known that the 25
477+victim of the offense was particularly vulnerable or incapable of resistance due to 26
478+advanced age, disability, ill health, homelessness, consumption of alcohol or drugs, or 27
479+extreme youth or was for any other reason substantially incapable of exercising 28
480+normal physical or mental powers of resistance; 29
481+(6) the defendant's conduct created a risk of imminent physical injury 30
482+to three or more persons, other than accomplices; 31 34-LS0451\A
483+HB0101a -15- HB 101
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484485
485-manifested deliberate cruelty to another person; 1
486-(3) the defendant was the leader of a group of three or more persons 2
487-who participated in the offense; 3
488-(4) the defendant employed a dangerous instrument in furtherance of 4
489-the offense; 5
490-(5) the defendant knew or reasonably should have known that the 6
491-victim of the offense was particularly vulnerable or incapable of resistance due to 7
492-advanced age, disability, ill health, homelessness, consumption of alcohol or drugs, or 8
493-extreme youth or was for any other reason substantially incapable of exercising 9
494-normal physical or mental powers of resistance; 10
495-(6) the defendant's conduct created a risk of imminent physical injury 11
496-to three or more persons, other than accomplices; 12
497-(7) a prior felony conviction considered for the purpose of invoking a 13
498-presumptive range under this chapter was of a more serious class of offense than the 14
499-present offense; 15
500-(8) the defendant's prior criminal history includes conduct involving 16
501-aggravated assaultive behavior, repeated instances of assaultive behavior, repeated 17
502-instances of cruelty to animals proscribed under AS 11.61.140(a)(1) and (3) - (5), or a 18
503-combination of assaultive behavior and cruelty to animals proscribed under 19
504-AS 11.61.140(a)(1) and (3) - (5); in this paragraph, "aggravated assaultive behavior" 20
505-means assault that is a felony under AS 11.41, or a similar provision in another 21
506-jurisdiction; 22
507-(9) the defendant knew that the offense involved more than one victim; 23
508-(10) the conduct constituting the offense was among the most serious 24
509-conduct included in the definition of the offense; 25
510-(11) the defendant committed the offense under an agreement that the 26
511-defendant either pay or be paid for the commission of the offense, and the pecuniary 27
512-incentive was beyond that inherent in the offense itself; 28
513-(12) the defendant was on release under AS 12.30 for another felony 29
514-charge or conviction or for a misdemeanor charge or conviction having assault as a 30
515-necessary element; 31 34-LS0451\N
516-CSHB 101(JUD) -16- HB0101b
486+(7) a prior felony conviction considered for the purpose of invoking a 1
487+presumptive range under this chapter was of a more serious class of offense than the 2
488+present offense; 3
489+(8) the defendant's prior criminal history includes conduct involving 4
490+aggravated assaultive behavior, repeated instances of assaultive behavior, repeated 5
491+instances of cruelty to animals proscribed under AS 11.61.140(a)(1) and (3) - (5), or a 6
492+combination of assaultive behavior and cruelty to animals proscribed under 7
493+AS 11.61.140(a)(1) and (3) - (5); in this paragraph, "aggravated assaultive behavior" 8
494+means assault that is a felony under AS 11.41, or a similar provision in another 9
495+jurisdiction; 10
496+(9) the defendant knew that the offense involved more than one victim; 11
497+(10) the conduct constituting the offense was among the most serious 12
498+conduct included in the definition of the offense; 13
499+(11) the defendant committed the offense under an agreement that the 14
500+defendant either pay or be paid for the commission of the offense, and the pecuniary 15
501+incentive was beyond that inherent in the offense itself; 16
502+(12) the defendant was on release under AS 12.30 for another felony 17
503+charge or conviction or for a misdemeanor charge or conviction having assault as a 18
504+necessary element; 19
505+(13) the defendant knowingly directed the conduct constituting the 20
506+offense at an active officer of the court or at an active or former judicial officer, 21
507+prosecuting attorney, law enforcement officer, correctional employee, firefighter, 22
508+emergency medical technician, paramedic, ambulance attendant, or other emergency 23
509+responder during or because of the exercise of official duties; 24
510+(14) the defendant was a member of an organized group of five or 25
511+more persons, and the offense was committed to further the criminal objectives of the 26
512+group; 27
513+(15) the defendant has three or more prior felony convictions; 28
514+(16) the defendant's criminal conduct was designed to obtain 29
515+substantial pecuniary gain and the risk of prosecution and punishment for the conduct 30
516+is slight; 31 34-LS0451\A
517+HB 101 -16- HB0101a
517518 New Text Underlined [DELETED TEXT BRACKETED]
518519
519-(13) the defendant knowingly directed the conduct constituting the 1
520-offense at an active officer of the court or at an active or former judicial officer, 2
521-prosecuting attorney, law enforcement officer, correctional employee, firefighter, 3
522-emergency medical technician, paramedic, ambulance attendant, or other emergency 4
523-responder during or because of the exercise of official duties; 5
524-(14) the defendant was a member of an organized group of five or 6
525-more persons, and the offense was committed to further the criminal objectives of the 7
526-group; 8
527-(15) the defendant has three or more prior felony convictions; 9
528-(16) the defendant's criminal conduct was designed to obtain 10
529-substantial pecuniary gain and the risk of prosecution and punishment for the conduct 11
530-is slight; 12
531-(17) the offense was one of a continuing series of criminal offenses 13
532-committed in furtherance of illegal business activities from which the defendant 14
533-derives a major portion of the defendant's income; 15
534-(18) the offense was a felony 16
535-(A) specified in AS 11.41 and was committed against a spouse, 17
536-a former spouse, or a member of the social unit made up of those living 18
537-together in the same dwelling as the defendant; 19
538-(B) specified in AS 11.41.410 - 11.41.458 and the defendant 20
539-has engaged in the same or other conduct prohibited by a provision of 21
540-AS 11.41.410 - 11.41.460 involving the same or another victim; 22
541-(C) specified in AS 11.41 that is a crime involving domestic 23
542-violence and was committed in the physical presence or hearing of a child 24
543-under 18 [16] years of age who was, at the time of the offense, living within 25
544-the residence of the victim, the residence of the perpetrator, or the residence 26
545-where the crime involving domestic violence occurred; 27
546-(D) specified in AS 11.41 and was committed against a person 28
547-with whom the defendant has a dating relationship or with whom the defendant 29
548-has engaged in a sexual relationship; or 30
549-(E) specified in AS 11.41.434 - 11.41.458 or AS 11.61.128 and 31 34-LS0451\N
550-HB0101b -17- CSHB 101(JUD)
520+(17) the offense was one of a continuing series of criminal offenses 1
521+committed in furtherance of illegal business activities from which the defendant 2
522+derives a major portion of the defendant's income; 3
523+(18) the offense was a felony 4
524+(A) specified in AS 11.41 and was committed against a spouse, 5
525+a former spouse, or a member of the social unit made up of those living 6
526+together in the same dwelling as the defendant; 7
527+(B) specified in AS 11.41.410 - 11.41.458 and the defendant 8
528+has engaged in the same or other conduct prohibited by a provision of 9
529+AS 11.41.410 - 11.41.460 involving the same or another victim; 10
530+(C) specified in AS 11.41 that is a crime involving domestic 11
531+violence and was committed in the physical presence or hearing of a child 12
532+under 18 [16] years of age who was, at the time of the offense, living within 13
533+the residence of the victim, the residence of the perpetrator, or the residence 14
534+where the crime involving domestic violence occurred; 15
535+(D) specified in AS 11.41 and was committed against a person 16
536+with whom the defendant has a dating relationship or with whom the defendant 17
537+has engaged in a sexual relationship; or 18
538+(E) specified in AS 11.41.434 - 11.41.458 or AS 11.61.128 and 19
539+the defendant was 10 or more years older than the victim; 20
540+(19) the defendant's prior criminal history includes an adjudication as a 21
541+delinquent for conduct that would have been a felony if committed by an adult; 22
542+(20) the defendant was on furlough under AS 33.30 or on parole or 23
543+probation for another felony charge or conviction that would be considered a prior 24
544+felony conviction under AS 12.55.145(a)(1)(B); 25
545+(21) the defendant has a criminal history of repeated instances of 26
546+conduct violative of criminal laws, whether punishable as felonies or misdemeanors, 27
547+similar in nature to the offense for which the defendant is being sentenced under this 28
548+section; 29
549+(22) the defendant knowingly directed the conduct constituting the 30
550+offense at a victim because of that person's race, sex, color, creed, physical or mental 31 34-LS0451\A
551+HB0101a -17- HB 101
551552 New Text Underlined [DELETED TEXT BRACKETED]
552553
553-the defendant was 10 or more years older than the victim; 1
554-(19) the defendant's prior criminal history includes an adjudication as a 2
555-delinquent for conduct that would have been a felony if committed by an adult; 3
556-(20) the defendant was on furlough under AS 33.30 or on parole or 4
557-probation for another felony charge or conviction that would be considered a prior 5
558-felony conviction under AS 12.55.145(a)(1)(B); 6
559-(21) the defendant has a criminal history of repeated instances of 7
560-conduct violative of criminal laws, whether punishable as felonies or misdemeanors, 8
561-similar in nature to the offense for which the defendant is being sentenced under this 9
562-section; 10
563-(22) the defendant knowingly directed the conduct constituting the 11
564-offense at a victim because of that person's race, sex, color, creed, physical or mental 12
565-disability, ancestry, or national origin; 13
566-(23) the defendant is convicted of an offense specified in AS 11.71 and 14
567-(A) the offense involved the delivery of a controlled substance 15
568-under circumstances manifesting an intent to distribute the substance as part of 16
569-a commercial enterprise; or 17
570-(B) at the time of the conduct resulting in the conviction, the 18
571-defendant was caring for or assisting in the care of a child under 10 years of 19
572-age; 20
573-(24) the defendant is convicted of an offense specified in AS 11.71 and 21
574-the offense involved the transportation of controlled substances into the state; 22
575-(25) the defendant is convicted of an offense specified in AS 11.71 and 23
576-the offense involved large quantities of a controlled substance; 24
577-(26) the defendant is convicted of an offense specified in AS 11.71 and 25
578-the offense involved the distribution of a controlled substance that had been 26
579-adulterated with a toxic substance; 27
580-(27) the defendant, being 18 years of age or older, 28
581-(A) is legally accountable under AS 11.16.110(2) for the 29
582-conduct of a person who, at the time the offense was committed, was under 18 30
583-years of age and at least three years younger than the defendan
584-t; or 31 34-LS0451\N
585-CSHB 101(JUD) -18- HB0101b
554+disability, ancestry, or national origin; 1
555+(23) the defendant is convicted of an offense specified in AS 11.71 and 2
556+(A) the offense involved the delivery of a controlled substance 3
557+under circumstances manifesting an intent to distribute the substance as part of 4
558+a commercial enterprise; or 5
559+(B) at the time of the conduct resulting in the conviction, the 6
560+defendant was caring for or assisting in the care of a child under 10 years of 7
561+age; 8
562+(24) the defendant is convicted of an offense specified in AS 11.71 and 9
563+the offense involved the transportation of controlled substances into the state; 10
564+(25) the defendant is convicted of an offense specified in AS 11.71 and 11
565+the offense involved large quantities of a controlled substance; 12
566+(26) the defendant is convicted of an offense specified in AS 11.71 and 13
567+the offense involved the distribution of a controlled substance that had been 14
568+adulterated with a toxic substance; 15
569+(27) the defendant, being 18 years of age or older, 16
570+(A) is legally accountable under AS 11.16.110(2) for the 17
571+conduct of a person who, at the time the offense was committed, was under 18 18
572+years of age and at least three years younger than the defendant; or 19
573+(B) is aided or abetted in planning or committing the offense by 20
574+a person who, at the time the offense was committed, was under 18 years of 21
575+age and at least three years younger than the defendant; 22
576+(28) the victim of the offense is a person who provided testimony or 23
577+evidence related to a prior offense committed by the defendant; 24
578+(29) the defendant committed the offense for the benefit of, at the 25
579+direction of, or in association with a criminal street gang; 26
580+(30) the defendant is convicted of an offense specified in AS 11.41.410 27
581+- 11.41.455, and the defendant knowingly supplied alcohol or a controlled substance to 28
582+the victim in furtherance of the offense with the intent to make the victim 29
583+incapacitated; in this paragraph, "incapacitated" has the meaning given in 30
584+AS 11.41.470; 31 34-LS0451\A
585+HB 101 -18- HB0101a
586586 New Text Underlined [DELETED TEXT BRACKETED]
587587
588-(B) is aided or abetted in planning or committing the offense by 1
589-a person who, at the time the offense was committed, was under 18 years of 2
590-age and at least three years younger than the defendant; 3
591-(28) the victim of the offense is a person who provided testimony or 4
592-evidence related to a prior offense committed by the defendant; 5
593-(29) the defendant committed the offense for the benefit of, at the 6
594-direction of, or in association with a criminal street gang; 7
595-(30) the defendant is convicted of an offense specified in AS 11.41.410 8
596-- 11.41.455, and the defendant knowingly supplied alcohol or a controlled substance to 9
597-the victim in furtherance of the offense with the intent to make the victim 10
598-incapacitated; in this paragraph, "incapacitated" has the meaning given in 11
599-AS 11.41.470; 12
600-(31) the defendant's prior criminal history includes convictions for five 13
601-or more crimes in this or another jurisdiction that are class A misdemeanors under the 14
602-law of this state, or having elements similar to a class A misdemeanor; two or more 15
603-convictions arising out of a single continuous episode are considered a single 16
604-conviction; however, an offense is not a part of a continuous episode if committed 17
605-while attempting to escape or resist arrest or if it is an assault on a uniformed or 18
606-otherwise clearly identified peace officer or correctional employee; notice and denial 19
607-of convictions are governed by AS 12.55.145(b) - (d); 20
608-(32) the offense is a violation of AS 11.41 or AS 11.46.400 and the 21
609-offense occurred on school grounds, on a school bus, at a school-sponsored event, or 22
610-in the administrative offices of a school district if students are educated at that office; 23
611-in this paragraph, 24
612-(A) "school bus" has the meaning given in AS 11.71.900; 25
613-(B) "school district" has the meaning given in AS 47.07.063; 26
614-(C) "school grounds" has the meaning given in AS 11.71.900; 27
615-(33) the offense was a felony specified in AS 11.41.410 - 11.41.455, 28
616-the defendant had been previously diagnosed as having or having tested positive for 29
617-HIV or AIDS, and the offense either (A) involved penetration, or (B) exposed the 30
618-victim to a risk or a fear that the offense could result in the transmission of HIV or 31 34-LS0451\N
619-HB0101b -19- CSHB 101(JUD)
588+(31) the defendant's prior criminal history includes convictions for five 1
589+or more crimes in this or another jurisdiction that are class A misdemeanors under the 2
590+law of this state, or having elements similar to a class A misdemeanor; two or more 3
591+convictions arising out of a single continuous episode are considered a single 4
592+conviction; however, an offense is not a part of a continuous episode if committed 5
593+while attempting to escape or resist arrest or if it is an assault on a uniformed or 6
594+otherwise clearly identified peace officer or correctional employee; notice and denial 7
595+of convictions are governed by AS 12.55.145(b) - (d); 8
596+(32) the offense is a violation of AS 11.41 or AS 11.46.400 and the 9
597+offense occurred on school grounds, on a school bus, at a school-sponsored event, or 10
598+in the administrative offices of a school district if students are educated at that office; 11
599+in this paragraph, 12
600+(A) "school bus" has the meaning given in AS 11.71.900; 13
601+(B) "school district" has the meaning given in AS 47.07.063; 14
602+(C) "school grounds" has the meaning given in AS 11.71.900; 15
603+(33) the offense was a felony specified in AS 11.41.410 - 11.41.455, 16
604+the defendant had been previously diagnosed as having or having tested positive for 17
605+HIV or AIDS, and the offense either (A) involved penetration, or (B) exposed the 18
606+victim to a risk or a fear that the offense could result in the transmission of HIV or 19
607+AIDS; in this paragraph, "HIV" and "AIDS" have the meanings given in 20
608+AS 18.15.310; 21
609+(34) the defendant committed the offense on, or to affect persons or 22
610+property on, the premises of a recognized shelter or facility providing services to 23
611+victims of domestic violence or sexual assault; 24
612+(35) the defendant knowingly directed the conduct constituting the 25
613+offense at a victim because that person was 65 years of age or older; 26
614+(36) the defendant committed the offense at a health care facility and 27
615+knowingly directed the conduct constituting the offense at a medical professional 28
616+during or because of the medical professional's exercise of professional duties; in this 29
617+paragraph, 30
618+(A) "health care facility" has the meaning given in 31 34-LS0451\A
619+HB0101a -19- HB 101
620620 New Text Underlined [DELETED TEXT BRACKETED]
621621
622-AIDS; in this paragraph, "HIV" and "AIDS" have the meanings given in 1
623-AS 18.15.310; 2
624-(34) the defendant committed the offense on, or to affect persons or 3
625-property on, the premises of a recognized shelter or facility providing services to 4
626-victims of domestic violence or sexual assault; 5
627-(35) the defendant knowingly directed the conduct constituting the 6
628-offense at a victim because that person was 65 years of age or older; 7
629-(36) the defendant committed the offense at a health care facility and 8
630-knowingly directed the conduct constituting the offense at a medical professional 9
631-during or because of the medical professional's exercise of professional duties; in this 10
632-paragraph, 11
633-(A) "health care facility" has the meaning given in 12
634-AS 18.07.111; 13
635-(B) "medical professional" has the meaning given in 14
636-AS 12.55.135(k); 15
637-(37) the defendant knowingly caused the victim to become 16
638-unconscious by means of a dangerous instrument; in this paragraph, "dangerous 17
639-instrument" has the meaning given in AS 11.81.900(b)(16)(B). 18
640- * Sec. 28. AS 12.63.020(a) is amended to read: 19
641-(a) The duty of a sex offender or child kidnapper to comply with the 20
642-requirements of AS 12.63.010 is as follows: 21
643-(1) for a sex offender or child kidnapper, as that term is defined in 22
644-AS 12.63.100(6)(A), for each sex offense or child kidnapping, the duty 23
645-(A) continues for the lifetime of a sex offender or child 24
646-kidnapper convicted of 25
647-(i) one aggravated sex offense; or 26
648-(ii) two or more sex offenses, two or more child 27
649-kidnappings, or one sex offense and one child kidnapping; for purposes 28
650-of this section, a person convicted of indecent exposure before a person 29
651-under 18 [16] years of age under AS 11.41.460 more than two times 30
652-has been convicted of two or more sex offenses; 31 34-LS0451\N
653-CSHB 101(JUD) -20- HB0101b
622+AS 18.07.111; 1
623+(B) "medical professional" has the meaning given in 2
624+AS 12.55.135(k); 3
625+(37) the defendant knowingly caused the victim to become 4
626+unconscious by means of a dangerous instrument; in this paragraph, "dangerous 5
627+instrument" has the meaning given in AS 11.81.900(b)(15)(B). 6
628+ * Sec. 26. AS 12.63.020(a) is amended to read: 7
629+(a) The duty of a sex offender or child kidnapper to comply with the 8
630+requirements of AS 12.63.010 is as follows: 9
631+(1) for a sex offender or child kidnapper, as that term is defined in 10
632+AS 12.63.100(6)(A), for each sex offense or child kidnapping, the duty 11
633+(A) continues for the lifetime of a sex offender or child 12
634+kidnapper convicted of 13
635+(i) one aggravated sex offense; or 14
636+(ii) two or more sex offenses, two or more child 15
637+kidnappings, or one sex offense and one child kidnapping; for purposes 16
638+of this section, a person convicted of indecent exposure before a person 17
639+under 18 [16] years of age under AS 11.41.460 more than two times 18
640+has been convicted of two or more sex offenses; 19
641+(B) ends 15 years following the sex offender's or child 20
642+kidnapper's unconditional discharge from a conviction for a single sex offense 21
643+that is not an aggravated sex offense or for a single child kidnapping if the sex 22
644+offender or child kidnapper has supplied proof that is acceptable to the 23
645+department of the unconditional discharge; the registration period under this 24
646+subparagraph 25
647+(i) is tolled for the period that a sex offender or child 26
648+kidnapper fails to comply with the requirements of this chapter or is 27
649+incarcerated for the offense or kidnapping for which the offender or 28
650+kidnapper is required to register or for any other offense; 29
651+(ii) may include the time a sex offender or child 30
652+kidnapper was absent from this state if the sex offender or child 31 34-LS0451\A
653+HB 101 -20- HB0101a
654654 New Text Underlined [DELETED TEXT BRACKETED]
655655
656-(B) ends 15 years following the sex offender's or child 1
657-kidnapper's unconditional discharge from a conviction for a single sex offense 2
658-that is not an aggravated sex offense or for a single child kidnapping if the sex 3
659-offender or child kidnapper has supplied proof that is acceptable to the 4
660-department of the unconditional discharge; the registration period under this 5
661-subparagraph 6
662-(i) is tolled for the period that a sex offender or child 7
663-kidnapper fails to comply with the requirements of this chapter or is 8
664-incarcerated for the offense or kidnapping for which the offender or 9
665-kidnapper is required to register or for any other offense; 10
666-(ii) may include the time a sex offender or child 11
667-kidnapper was absent from this state if the sex offender or child 12
668-kidnapper has complied with any sex offender or child kidnapper 13
669-registration requirements of the jurisdiction in which the offender or 14
670-kidnapper was located and if the sex offender or child kidnapper 15
671-provides the department with proof of the compliance while the sex 16
672-offender or child kidnapper was absent from this state; and 17
673-(iii) continues for a sex offender or child kidnapper who 18
674-has not supplied proof acceptable to the department of the offender's or 19
675-kidnapper's unconditional discharge for the sex offense or child 20
676-kidnapping requiring registration; 21
677-(2) for a sex offender or child kidnapper, as that term is defined in 22
678-AS 12.63.100(6)(B), the duty continues for the period determined by the department 23
679-under (b) of this section. 24
680- * Sec. 29. AS 12.63.100(7) is amended to read: 25
681-(7) "sex offense" means 26
682-(A) a crime under AS 11.41.100(a)(3), or a similar law of 27
683-another jurisdiction, in which the person committed or attempted to commit a 28
684-sexual offense, or a similar offense under the laws of the other jurisdiction; in 29
685-this subparagraph, "sexual offense" has the meaning given in 30
686-AS 11.41.100(a)(3); 31 34-LS0451\N
687-HB0101b -21- CSHB 101(JUD)
656+kidnapper has complied with any sex offender or child kidnapper 1
657+registration requirements of the jurisdiction in which the offender or 2
658+kidnapper was located and if the sex offender or child kidnapper 3
659+provides the department with proof of the compliance while the sex 4
660+offender or child kidnapper was absent from this state; and 5
661+(iii) continues for a sex offender or child kidnapper who 6
662+has not supplied proof acceptable to the department of the offender's or 7
663+kidnapper's unconditional discharge for the sex offense or child 8
664+kidnapping requiring registration; 9
665+(2) for a sex offender or child kidnapper, as that term is defined in 10
666+AS 12.63.100(6)(B), the duty continues for the period determined by the department 11
667+under (b) of this section. 12
668+ * Sec. 27. AS 12.63.100(7) is amended to read: 13
669+(7) "sex offense" means 14
670+(A) a crime under AS 11.41.100(a)(3), or a similar law of 15
671+another jurisdiction, in which the person committed or attempted to commit a 16
672+sexual offense, or a similar offense under the laws of the other jurisdiction; in 17
673+this subparagraph, "sexual offense" has the meaning given in 18
674+AS 11.41.100(a)(3); 19
675+(B) a crime under AS 11.41.110(a)(3), or a similar law of 20
676+another jurisdiction, in which the person committed or attempted to commit 21
677+one of the following crimes, or a similar law of another jurisdiction: 22
678+(i) sexual assault in the first degree; 23
679+(ii) sexual assault in the second degree; 24
680+(iii) sexual abuse of a minor in the first degree; or 25
681+(iv) sexual abuse of a minor in the second degree; 26
682+(C) a crime, or an attempt, solicitation, or conspiracy to commit 27
683+a crime, under the following statutes or a similar law of another jurisdiction: 28
684+(i) AS 11.41.410 - 11.41.438; 29
685+(ii) AS 11.41.440(a)(2); 30
686+(iii) AS 11.41.450 - 11.41.458; 31 34-LS0451\A
687+HB0101a -21- HB 101
688688 New Text Underlined [DELETED TEXT BRACKETED]
689689
690-(B) a crime under AS 11.41.110(a)(3), or a similar law of 1
691-another jurisdiction, in which the person committed or attempted to commit 2
692-one of the following crimes, or a similar law of another jurisdiction: 3
693-(i) sexual assault in the first degree; 4
694-(ii) sexual assault in the second degree; 5
695-(iii) sexual abuse of a minor in the first degree; or 6
696-(iv) sexual abuse of a minor in the second degree; 7
697-(C) a crime, or an attempt, solicitation, or conspiracy to commit 8
698-a crime, under the following statutes or a similar law of another jurisdiction: 9
699-(i) AS 11.41.410 - 11.41.438; 10
700-(ii) AS 11.41.440(a)(2); 11
701-(iii) AS 11.41.450 - 11.41.458; 12
702-(iv) AS 11.41.460 or AS 26.05.900(c) if the indecent 13
703-exposure is before a person under 18 [16] years of age and the offender 14
704-has previously been convicted under AS 11.41.460 or AS 26.05.900(c); 15
705-(v) AS 11.61.125 - 11.61.128; 16
706-(vi) AS 11.66.130(a)(2)(B) or AS 26.05.900(b) if the 17
707-person who was induced or caused to engage in prostitution was under 18
708-20 years of age at the time of the offense; 19
709-(vii) former AS 11.15.120, former 11.15.134, or assault 20
710-with the intent to commit rape under former AS 11.15.160, former 21
711-AS 11.40.110, or former 11.40.200; 22
712-(viii) AS 11.61.118(a)(2) if the offender has a previous 23
713-conviction for that offense; 24
714-(ix) AS 11.66.100(a)(2) if the offender is subject to 25
715-punishment under former AS 11.66.100(e); 26
716-(x) AS 26.05.890 if the person engaged in sexual 27
717-penetration or sexual contact with the victim; 28
718-(xi) AS 26.05.890 if, at the time of the offense, the 29
719-victim is under a duty to obey the lawful orders of the offender, 30
720-regardless of whether the offender is in the direct chain of command 31 34-LS0451\N
721-CSHB 101(JUD) -22- HB0101b
690+(iv) AS 11.41.460 or AS 26.05.900(c) if the indecent 1
691+exposure is before a person under 18 [16] years of age and the offender 2
692+has previously been convicted under AS 11.41.460 or AS 26.05.900(c); 3
693+(v) AS 11.61.125 - 11.61.128; 4
694+(vi) AS 11.66.130(a)(2)(B) or AS 26.05.900(b) if the 5
695+person who was induced or caused to engage in prostitution was under 6
696+20 years of age at the time of the offense; 7
697+(vii) former AS 11.15.120, former 11.15.134, or assault 8
698+with the intent to commit rape under former AS 11.15.160, former 9
699+AS 11.40.110, or former 11.40.200; 10
700+(viii) AS 11.61.118(a)(2) if the offender has a previous 11
701+conviction for that offense; 12
702+(ix) AS 11.66.100(a)(2) if the offender is subject to 13
703+punishment under former AS 11.66.100(e); 14
704+(x) AS 26.05.890 if the person engaged in sexual 15
705+penetration or sexual contact with the victim; 16
706+(xi) AS 26.05.890 if, at the time of the offense, the 17
707+victim is under a duty to obey the lawful orders of the offender, 18
708+regardless of whether the offender is in the direct chain of command 19
709+over the victim; 20
710+(xii) AS 26.05.893 if the person engaged in sexual 21
711+penetration or sexual contact with the victim; 22
712+(xiii) AS 26.05.900(a) if the victim is under 18 years of 23
713+age at the time of the offense; 24
714+(xiv) AS 26.05.900 if, at the time of the offense, the 25
715+victim is under a duty to obey the lawful orders of the offender, 26
716+regardless of whether the offender is in the direct chain of command 27
717+over the victim; [OR] 28
718+(xv) AS 11.61.123 if the offender is subject to 29
719+punishment under AS 11.61.123(g)(1) or (2); 30
720+(xvi) AS 11.66.137; 31 34-LS0451\A
721+HB 101 -22- HB0101a
722722 New Text Underlined [DELETED TEXT BRACKETED]
723723
724-over the victim; 1
725-(xii) AS 26.05.893 if the person engaged in sexual 2
726-penetration or sexual contact with the victim; 3
727-(xiii) AS 26.05.900(a) if the victim is under 18 years of 4
728-age at the time of the offense; 5
729-(xiv) AS 26.05.900 if, at the time of the offense, the 6
730-victim is under a duty to obey the lawful orders of the offender, 7
731-regardless of whether the offender is in the direct chain of command 8
732-over the victim; [OR] 9
733-(xv) AS 11.61.123 if the offender is subject to 10
734-punishment under AS 11.61.123(g)(1) or (2); 11
735-(xvi) AS 11.66.137; 12
736-(xvii) AS 11.61.130(a)(2); or 13
737-(xviii) AS 11.66.110 and 11.66.120; 14
738-(D) an offense, or an attempt, solicitation, or conspiracy to 15
739-commit an offense, under AS 26.05.935(b), or a similar law of another 16
740-jurisdiction, if the member of the militia commits one of the following 17
741-enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform 18
742-Code of Military Justice): 19
743-(i) child sexual abuse material; or 20
744-(ii) pandering and prostitution if the person who is 21
745-induced, enticed, caused, or procured to engage in a sexual act is under 22
746-20 years of age at the time of the offense; or 23
747-(E) an offense in which the person is required to register as a 24
748-sex offender under the laws of another jurisdiction; 25
749- * Sec. 30. AS 11.41.436(a)(6), 11.41.440(a)(2); and AS 12.63.100(7)(C)(ii) are repealed. 26
750- * Sec. 31. The uncodified law of the State of Alaska is amended by adding a new section to 27
751-read: 28
752-APPLICABILITY. The following apply to offenses committed on or after the 29
753-effective date of this Act: 30
754-(1) AS 09.55.650(a), as amended by sec. 1 of this Act; 31 34-LS0451\N
755-HB0101b -23- CSHB 101(JUD)
724+(xvii) AS 11.61.130(a)(2); or 1
725+(xviii) AS 11.66.110 and 11.66.120; 2
726+(D) an offense, or an attempt, solicitation, or conspiracy to 3
727+commit an offense, under AS 26.05.935(b), or a similar law of another 4
728+jurisdiction, if the member of the militia commits one of the following 5
729+enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform 6
730+Code of Military Justice): 7
731+(i) child sexual abuse material; or 8
732+(ii) pandering and prostitution if the person who is 9
733+induced, enticed, caused, or procured to engage in a sexual act is under 10
734+20 years of age at the time of the offense; or 11
735+(E) an offense in which the person is required to register as a 12
736+sex offender under the laws of another jurisdiction; 13
737+ * Sec. 28. AS 11.41.436(a)(6), 11.41.440(a)(2); and AS 12.63.100(7)(C)(ii) are repealed. 14
738+ * Sec. 29. The uncodified law of the State of Alaska is amended by adding a new section to 15
739+read: 16
740+APPLICABILITY. The following apply to offenses committed on or after the 17
741+effective date of this Act: 18
742+(1) AS 09.55.650(a), as amended by sec. 1 of this Act; 19
743+(2) AS 11.41.100(a), as amended by sec. 2 of this Act; 20
744+(3) AS 11.41.110(a), as amended by sec. 3 of this Act; 21
745+(4) AS 11.41.220(a), as amended by sec. 4 of this Act; 22
746+(5) AS 11.41.220(b), as amended by sec. 5 of this Act; 23
747+(6) AS 11.41.260(a), as amended by sec. 6 of this Act; 24
748+(7) AS 11.41.434(a), as amended by sec. 7 of this Act; 25
749+(8) AS 11.41.436(a), as amended by sec. 8 of this Act; 26
750+(9) AS 11.41.438(a), as amended by sec. 9 of this Act; 27
751+(10) AS 11.41.452(a), as amended by sec. 10 of this Act; 28
752+(11) AS 11.41.452(b), as amended by sec. 11 of this Act; 29
753+(12) AS 11.41.458(b), as amended by sec. 12 of this Act; 30
754+(13) AS 11.41.460(b), as amended by sec. 13 of this Act; 31 34-LS0451\A
755+HB0101a -23- HB 101
756756 New Text Underlined [DELETED TEXT BRACKETED]
757757
758-(2) AS 11.41.100(a), as amended by sec. 2 of this Act; 1
759-(3) AS 11.41.110(a), as amended by sec. 3 of this Act; 2
760-(4) AS 11.41.220(a), as amended by sec. 4 of this Act; 3
761-(5) AS 11.41.220(b), as amended by sec. 5 of this Act; 4
762-(6) AS 11.41.260(a), as amended by sec. 6 of this Act; 5
763-(7) AS 11.41.434(a), as amended by sec. 7 of this Act; 6
764-(8) AS 11.41.436(a), as amended by sec. 8 of this Act; 7
765-(9) AS 11.41.438(a), as amended by sec. 9 of this Act; 8
766-(10) AS 11.41.452(a), as amended by sec. 10 of this Act; 9
767-(11) AS 11.41.452(b), as amended by sec. 11 of this Act; 10
768-(12) AS 11.41.452(e), as amended by sec. 12 of this Act; 11
769-(13) AS 11.41.458(b), as amended by sec. 13 of this Act; 12
770-(14) AS 11.41.460(b), as amended by sec. 14 of this Act; 13
771-(15) AS 11.51.100(a), as amended by sec. 15 of this Act; 14
772-(16) AS 11.61.116(a), as amended by sec. 16 of this Act; 15
773-(17) AS 11.61.124(a), as amended by sec. 17 of this Act; 16
774-(18) AS 11.61.124(b), as amended by sec. 18 of this Act; 17
775-(19) AS 11.61.128(a), as amended by sec. 19 of this Act; 18
776-(20) AS 11.61.128(b), as amended by sec. 20 of this Act; 19
777-(21) AS 11.61.128(c), as amended by sec. 21 of this Act; 20
778-(22) AS 11.61.128(e), as amended by sec. 22 of this Act; 21
779-(23) AS 12.45.046(a), as amended by sec. 23 of this Act; 22
780-(24) AS 12.55.125(b), as amended by sec. 24 of this Act; 23
781-(25) AS 12.55.125(d), as amended by sec. 25 of this Act; 24
782-(26) AS 12.55.145(a), as amended by sec. 26 of this Act; 25
783-(27) AS 12.55.155(c), as amended by sec. 27 of this Act; 26
784-(28) AS 12.63.020(a), as amended by sec. 28 of this Act; and 27
785-(29) AS 12.63.100(7) as amended by sec. 29 of this Act. 28
786- * Sec. 32. This Act takes effect immediately under AS 01.10.070(c). 29
758+(14) AS 11.51.100(a), as amended by sec. 14 of this Act; 1
759+(15) AS 11.61.116(a), as amended by sec. 15 of this Act; 2
760+(16) AS 11.61.124(a), as amended by sec. 16 of this Act; 3
761+(17) AS 11.61.124(b), as amended by sec. 17 of this Act; 4
762+(18) AS 11.61.128(a), as amended by sec. 18 of this Act; 5
763+(19) AS 11.61.128(b), as amended by sec. 19 of this Act; 6
764+(20) AS 11.61.128(c), as amended by sec. 20 of this Act; 7
765+(21) AS 12.45.046(a), as amended by sec. 21 of this Act; 8
766+(22) AS 12.55.125(b), as amended by sec. 22 of this Act; 9
767+(23) AS 12.55.125(d), as amended by sec. 23 of this Act; 10
768+(24) AS 12.55.145(a), as amended by sec. 24 of this Act; 11
769+(25) AS 12.55.155(c), as amended by sec. 25 of this Act; 12
770+(26) AS 12.63.020(a), as amended by sec. 26 of this Act; and 13
771+(27) AS 12.63.100(7) as amended by sec. 27 of this Act. 14
772+ * Sec. 30. This Act takes effect immediately under AS 01.10.070(c). 15