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CS FOR HOUSE BILL NO. 101(JUD)
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FOURTH LEGISLATURE - FIRST SESSION
BY THE HOUSE JUDICIARY COMMITTEE
Offered: 3/10/25
Referred: Finance
Sponsor(s): REPRESENTATIVES GRAY, Bynum, Tomaszewski, Vance
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; relating to sentencing; and providing for an effective date." 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 34-LS0451\N
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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 34-LS0451\N
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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; or 22
(6) the person knowingly manufactures or delivers a controlled 23
substance in violation of AS 11.71.010 or 11.71.021, and another person dies as a 24
direct result of ingestion of the controlled substance; the death is a result that does not 25
require a culpable mental state. 26
* Sec. 4. AS 11.41.220(a) is amended to read: 27
(a) A person commits the crime of assault in the third degree if that person 28
(1) recklessly 29
(A) places another person in fear of imminent serious physical 30
injury by means of a dangerous instrument; 31 34-LS0451\N
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(B) causes physical injury to another person by means of a 1
dangerous instrument; or 2
(C) while being 18 years of age or older, 3
(i) causes physical injury to a child under 12 years of 4
age and the injury would cause a reasonable caregiver to seek medical 5
attention from a health care professional in the form of diagnosis or 6
treatment; 7
(ii) causes physical injury to a child under 12 years of 8
age on more than one occasion; 9
(2) with intent to place another person in fear of death or serious 10
physical injury to the person or the person's family member, makes repeated threats to 11
cause death or serious physical injury to another person; 12
(3) while being 18 years of age or older, knowingly causes physical 13
injury to a child who is under 18 [16] years of age but at least 12 years of age and at 14
least two years younger than the offender and the injury reasonably requires 15
medical treatment; 16
(4) with criminal negligence, causes serious physical injury under 17
AS 11.81.900(b)(60)(B) to another person by means of a dangerous instrument; or 18
(5) commits a crime that is a violation of AS 11.41.230(a)(1) or (2) 19
and, within the preceding 10 years, the person was convicted on two or more separate 20
occasions of crimes under 21
(A) AS 11.41.100 - 11.41.170; 22
(B) AS 11.41.200 - 11.41.220, 11.41.230(a)(1) or (2), 23
11.41.280, or 11.41.282; 24
(C) AS 11.41.260 or 11.41.270; 25
(D) AS 11.41.410, 11.41.420, or 11.41.425(a)(1); or 26
(E) a law or ordinance of this or another jurisdiction with 27
elements similar to those of an offense described in (A) - (D) of this paragraph. 28
* Sec. 5. AS 11.41.220(b) is amended to read: 29
(b) In a prosecution under (a)(3) of this section, it is an affirmative defense 30
that, at the time of the alleged offense, the defendant reasonably believed the victim to 31 34-LS0451\N
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be 18 [16] years of age or older, unless the victim was under 13 years of age at the 1
time of the alleged offense. 2
* Sec. 6. AS 11.41.260(a) is amended to read: 3
(a) A person commits the crime of stalking in the first degree if the person 4
violates AS 11.41.270 and 5
(1) the actions constituting the offense are in violation of an order 6
issued or filed under AS 18.65.850 - 18.65.870 or AS 18.66.100 - 18.66.180 or issued 7
under former AS 25.35.010(b) or 25.35.020; 8
(2) the actions constituting the offense are in violation of a condition of 9
probation, release before trial, release after conviction, or parole; 10
(3) the victim is under 18 [16] years of age; 11
(4) at any time during the course of conduct constituting the offense, 12
the defendant possessed a deadly weapon; 13
(5) the defendant has been previously convicted of a crime under this 14
section, AS 11.41.270, or AS 11.56.740, or a law or ordinance of this or another 15
jurisdiction with elements similar to a crime under this section, AS 11.41.270, or 16
AS 11.56.740; or 17
(6) the defendant has been previously convicted of a crime, or an 18
attempt or solicitation to commit a crime, under (A) AS 11.41.100 - 11.41.250, 19
11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, 11.61.120, or (B) a 20
law or an ordinance of this or another jurisdiction with elements similar to a crime, or 21
an attempt or solicitation to commit a crime, under AS 11.41.100 - 11.41.250, 22
11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, or 11.61.120, 23
involving the same victim as the present offense. 24
* Sec. 7. AS 11.41.434(a) is amended to read: 25
(a) An offender commits the crime of sexual abuse of a minor in the first 26
degree if 27
(1) being 16 years of age or older, the offender engages in sexual 28
penetration with a person who is under 13 years of age or aids, induces, causes, or 29
encourages a person who is under 13 years of age to engage in sexual penetration with 30
another person; 31 34-LS0451\N
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(2) being 18 years of age or older, the offender engages in sexual 1
penetration with a person who is under 18 years of age, and the offender is the victim's 2
natural parent, stepparent, adopted parent, or legal guardian; or 3
(3) being 18 years of age or older, the offender engages in sexual 4
penetration with a person who is under 18 [16] years of age, and 5
(A) the victim at the time of the offense is residing in the same 6
household as the offender and the offender has authority over the victim; or 7
(B) the offender occupies a position of authority in relation to 8
the victim. 9
* Sec. 8. AS 11.41.436(a) is amended to read: 10
(a) An offender commits the crime of sexual abuse of a minor in the second 11
degree if, 12
(1) being 17 years of age or older, the offender engages in sexual 13
penetration with a person who is 13, 14, [OR] 15, 16, or 17 years of age and at least 14
four years younger than the offender, or aids, induces, causes, or encourages a person 15
who is 13, 14, [OR] 15, 16, or 17 years of age and at least four years younger than the 16
offender to engage in sexual penetration with another person; 17
(2) being 16 years of age or older, the offender engages in sexual 18
contact with a person who is under 13 years of age or aids, induces, causes, or 19
encourages a person under 13 years of age to engage in sexual contact with another 20
person; 21
(3) being 18 years of age or older, the offender engages in sexual 22
contact with a person who is under 18 years of age, and the offender is the victim's 23
natural parent, stepparent, adopted parent, or legal guardian; 24
(4) being 16 years of age or older, the offender aids, induces, causes, 25
or encourages a person who is under 16 years of age to engage in conduct described in 26
AS 11.41.455(a)(2) - (6); 27
(5) being 18 years of age or older, the offender engages in sexual 28
contact with a person who is under 18 [16] years of age, and 29
(A) the victim at the time of the offense is residing in the same 30
household as the offender and the offender has authority over the victim; or 31 34-LS0451\N
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(B) the offender occupies a position of authority in relation to 1
the victim; 2
(6) being 18 years of age or older, the offender engages in sexual 3
penetration with a person who is 16 or 17 years of age and at least three years younger 4
than the offender, and the offender occupies a position of authority in relation to the 5
victim; or 6
(7) being under 16 years of age, the offender engages in sexual 7
penetration with a person who is under 13 years of age and at least three years younger 8
than the offender. 9
* Sec. 9. AS 11.41.438(a) is amended to read: 10
(a) An offender commits the crime of sexual abuse of a minor in the third 11
degree if being 17 years of age or older, the offender engages in sexual contact with a 12
person who is 13, 14, [OR] 15, 16, or 17 years of age and at least four years younger 13
than the offender. 14
* Sec. 10. AS 11.41.452(a) is amended to read: 15
(a) An offender [A PERSON] commits the crime of enticement of a minor if 16
the offender [PERSON], being 18 years of age or older, knowingly communicates 17
with another person to entice, solicit, or encourage the person to engage in an act 18
described in AS 11.41.455(a)(1) - (7) and 19
(1) the other person is a child under 18 [16] years of age and at least 20
two years younger than the offender; or 21
(2) the offender [PERSON] believes that the other person is a child 22
under 18 [16] years of age and at least two years younger than the offender. 23
* Sec. 11. AS 11.41.452(b) is amended to read: 24
(b) In a prosecution under (a)(2) of this section, it is not a defense that the 25
person enticed, solicited, or encouraged was not actually a child under 18 [16] years of 26
age. 27
* Sec. 12. AS 11.41.452(e) is amended to read: 28
(e) Enticement of a minor is a class A felony if the offender [DEFENDANT] 29
was, at the time of the offense, required to register as a sex offender or child kidnapper 30
under AS 12.63 or a similar law of another jurisdiction. 31 34-LS0451\N
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* Sec. 13. AS 11.41.458(b) is amended to read: 1
(b) Indecent exposure in the first degree 2
(1) is a class C felony; or 3
(2) is a class B felony if the offense occurs within the observation of a 4
person under 18 [16] years of age. 5
* Sec. 14. AS 11.41.460(b) is amended to read: 6
(b) Indecent exposure in the second degree before a person under 18 [16] 7
years of age is a class A misdemeanor. Indecent exposure in the second degree before 8
a person 18 [16] years of age or older is a class B misdemeanor. 9
* Sec. 15. AS 11.51.100(a) is amended to read: 10
(a) A person commits the crime of endangering the welfare of a child in the 11
first degree if, being a parent, guardian, or other person legally charged with the care 12
of a child under 18 [16] years of age, the person 13
(1) intentionally deserts the child in a place under circumstances 14
creating a substantial risk of physical injury to the child; 15
(2) leaves the child with another person who is not a parent, guardian, 16
or lawful custodian of the child knowing that the person is 17
(A) registered or required to register as a sex offender or child 18
kidnapper under AS 12.63 or a law or ordinance in another jurisdiction with 19
similar requirements; 20
(B) charged by complaint, information, or indictment with a 21
violation of AS 11.41.410 - 11.41.455 or a law or ordinance in another 22
jurisdiction with similar elements; or 23
(C) charged by complaint, information, or indictment with an 24
attempt, solicitation, or conspiracy to commit a crime described in (B) of this 25
paragraph; 26
(3) leaves the child with another person knowing that the person has 27
previously physically mistreated or had sexual contact with any child, and the other 28
person causes physical injury to or engages in sexual contact with the child; or 29
(4) recklessly fails to provide an adequate quantity of food or liquids to 30
a child, causing protracted impairment of the child's health. 31 34-LS0451\N
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* Sec. 16. AS 11.61.116(a) is amended to read: 1
(a) A person commits the offense of sending an explicit image of a minor if 2
the person, with intent to annoy or humiliate another person, distributes an electronic 3
photograph or video that depicts the genitals, anus, or female breast of that other 4
person taken when that person was a minor under 18 [16] years of age. 5
* Sec. 17. AS 11.61.124(a) is amended to read: 6
(a) An offender commits the crime of solicitation or production of an indecent 7
picture of a minor if, under circumstances not proscribed under AS 11.41.455 or 8
AS 11.61.123, the offender being 18 years of age or older 9
(1) solicits a picture of the genitals, anus, or female breast of another 10
person and the 11
(A) person solicited is under 18 [16] years of age and at least 12
four years younger than the offender; or 13
(B) offender believes that the other person is under 18 [16] 14
years of age and at least four years younger than the offender; or 15
(2) produces a picture of the genitals, anus, or female breast of another 16
person and the 17
(A) person shown in the picture is under 18 [16] years of age 18
and at least four years younger than the offender; or 19
(B) offender believes that the other person is under 18 [16] 20
years of age and at least four years younger than the offender. 21
* Sec. 18. AS 11.61.124(b) is amended to read: 22
(b) In a prosecution under (a) of this section, it is not a defense that the person 23
solicited or shown in the picture was not actually a person under 18 [16] years of age 24
and at least four years younger than the offender. 25
* Sec. 19. AS 11.61.128(a) is amended to read: 26
(a) An offender [A PERSON] commits the crime of distribution of indecent 27
material to minors if 28
(1) the offender [PERSON], being 18 years of age or older, 29
intentionally distributes or possesses with intent to distribute any material described in 30
(2) and (3) of this subsection to either 31 34-LS0451\N
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(A) a child who [THAT] the offender [PERSON] knows is 1
under 18 [16] years of age and at least two years younger than the offender; 2
or 3
(B) another person that the offender [PERSON] believes is a 4
child under 18 [16] years of age and at least two years younger than the 5
offender; 6
(2) the offender [PERSON] knows that the material depicts the 7
following actual or simulated conduct: 8
(A) sexual penetration; 9
(B) the lewd touching of a person's genitals, anus, or female 10
breast; 11
(C) masturbation; 12
(D) bestiality; 13
(E) the lewd exhibition of a person's genitals, anus, or female 14
breast; or 15
(F) sexual masochism or sadism; and 16
(3) the material is harmful to minors. 17
* Sec. 20. AS 11.61.128(b) is amended to read: 18
(b) In this section, it is not a defense that the victim was not actually under 18 19
[16] years of age. 20
* Sec. 21. AS 11.61.128(c) is amended to read: 21
(c) In this section, "harmful to minors" means 22
(1) the average individual, applying contemporary community 23
standards, would find that the material, taken as a whole, appeals to the prurient 24
interest in sex for persons under 18 [16] years of age; 25
(2) a reasonable person would find that the material, taken as a whole, 26
lacks serious literary, artistic, educational, political, or scientific value for persons 27
under 18 [16] years of age; and 28
(3) the material depicts actual or simulated conduct in a way that is 29
patently offensive to the prevailing standards in the adult community as a whole with 30
respect to what is suitable for persons under 18 [16] years of age. 31 34-LS0451\N
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* Sec. 22. AS 11.61.128(e) is amended to read: 1
(e) Distribution of indecent material to minors is a class B felony if the 2
offender [DEFENDANT] was, at the time of the offense, required to register as a sex 3
offender or child kidnapper under AS 12.63 or a similar law of another jurisdiction. 4
* Sec. 23. AS 12.45.046(a) is amended to read: 5
(a) In a criminal proceeding under AS 11.41 involving the prosecution of an 6
offense committed against a child under the age of 18 [16], or witnessed by a child 7
under the age of 18 [16], the court 8
(1) may appoint a guardian ad litem for the child; 9
(2) on its own motion or on the motion of the party presenting the 10
witness or the guardian ad litem of the child, may order that the testimony of the child 11
be taken by closed circuit television or through one-way mirrors if the court 12
determines that the testimony by the child victim or witness under normal court 13
procedures would result in the child's inability to effectively communicate. 14
* Sec. 24. AS 12.55.125(b) is amended to read: 15
(b) A defendant convicted of attempted murder in the first degree, solicitation 16
to commit murder in the first degree, conspiracy to commit murder in the first degree, 17
kidnapping, or misconduct involving a controlled substance in the first degree shall be 18
sentenced to a definite term of imprisonment of at least five years but not more than 19
99 years. A defendant convicted of murder in the second degree or murder of an 20
unborn child under AS 11.41.150(a)(2) - (4) shall be sentenced to a definite term of 21
imprisonment of at least 15 years but not more than 99 years. A defendant convicted 22
of murder in the second degree shall be sentenced to a definite term of imprisonment 23
of at least 20 years but not more than 99 years when the defendant is convicted of the 24
murder of a child under 18 [16] years of age and the court finds by clear and 25
convincing evidence that the defendant (1) was a natural parent, a stepparent, an 26
adoptive parent, a legal guardian, or a person occupying a position of authority in 27
relation to the child; or (2) caused the death of the child by committing a crime against 28
a person under AS 11.41.200 - 11.41.530. In this subsection, "legal guardian" and 29
"position of authority" have the meanings given in AS 11.41.470. 30
* Sec. 25. AS 12.55.125(d) is amended to read: 31 34-LS0451\N
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(d) Except as provided in (i) of this section, a defendant convicted of a class B 1
felony may be sentenced to a definite term of imprisonment of not more than 10 years, 2
and shall be sentenced to a definite term within the following presumptive ranges, 3
subject to adjustment as provided in AS 12.55.155 - 12.55.175: 4
(1) if the offense is a first felony conviction and does not involve 5
circumstances described in (2) of this subsection, one to three years; a defendant 6
sentenced under this paragraph may, if the court finds it appropriate, be granted a 7
suspended imposition of sentence under AS 12.55.085 if, as a condition of probation 8
under AS 12.55.086, the defendant is required to serve an active term of imprisonment 9
within the range specified in this paragraph, unless the court finds that a mitigation 10
factor under AS 12.55.155 applies; 11
(2) if the offense is a first felony conviction, 12
(A) the defendant violated AS 11.41.130, and the victim was a 13
child under 18 [16] years of age, two to four years; 14
(B) two to four years if the conviction is for attempt, 15
solicitation, or conspiracy to manufacture related to methamphetamine under 16
AS 11.31 and AS 11.71.021(a)(2)(A) or (B), and 17
(i) the attempted manufacturing occurred, or the 18
solicited or conspired offense was to have occurred, in a building with 19
reckless disregard that the building was used as a permanent or 20
temporary home or place of lodging for one or more children under 18 21
years of age or the building was a place frequented by children; or 22
(ii) in the course of an attempt to manufacture, the 23
defendant obtained the assistance of one or more children under 18 24
years of age or one or more children were present; 25
(3) if the offense is a second felony conviction, three to seven years; 26
(4) if the offense is a third felony conviction, six to 10 years. 27
* Sec. 26. AS 12.55.145(a) is amended to read: 28
(a) For purposes of considering prior convictions in imposing sentence under 29
(1) AS 12.55.125(c), (d), or (e), 30
(A) a prior conviction may not be considered if a period of 10 31 34-LS0451\N
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or more years has elapsed between the date of the defendant's unconditional 1
discharge on the immediately preceding offense and commission of the present 2
offense unless the prior conviction was for an unclassified or class A felony; 3
(B) a conviction in this or another jurisdiction of an offense 4
having elements similar to those of a felony defined as such under Alaska law 5
at the time the offense was committed is considered a prior felony conviction; 6
(C) two or more convictions arising out of a single, continuous 7
criminal episode during which there was no substantial change in the nature of 8
the criminal objective are considered a single conviction unless the defendant 9
was sentenced to consecutive sentences for the crimes; offenses committed 10
while attempting to escape or avoid detection or apprehension after the 11
commission of another offense are not part of the same criminal episode or 12
objective; 13
(2) AS 12.55.125(l), 14
(A) a conviction in this or another jurisdiction of an offense 15
having elements similar to those of a most serious felony is considered a prior 16
most serious felony conviction; 17
(B) commission of and conviction for offenses relied on as 18
prior most serious felony offenses must occur in the following order: 19
conviction for the first offense must occur before commission of the second 20
offense, and conviction for the second offense must occur before commission 21
of the offense for which the defendant is being sentenced; 22
(3) AS 12.55.135(g), 23
(A) a prior conviction may not be considered if a period of five 24
or more years has elapsed between the date of the defendant's unconditional 25
discharge on the immediately preceding offense and commission of the present 26
offense unless the prior conviction was for an unclassified or class A felony; 27
(B) a conviction in this or another jurisdiction of an offense 28
having elements similar to those of a crime against a person or a crime 29
involving domestic violence is considered a prior conviction; 30
(C) two or more convictions arising out of a single, continuous 31 34-LS0451\N
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criminal episode during which there was no substantial change in the nature of 1
the criminal objective are considered a single conviction unless the defendant 2
was sentenced to consecutive sentences for the crimes; offenses committed 3
while attempting to escape or avoid detection or apprehension after the 4
commission of another offense are not part of the same criminal episode or 5
objective; 6
(4) AS 12.55.125(i), 7
(A) a conviction in this or another jurisdiction of an offense 8
having elements similar to those of a sexual felony is a prior conviction for a 9
sexual felony; 10
(B) a felony conviction in another jurisdiction making it a 11
crime to commit any lewd and lascivious act on a child under the age of 18 12
[16] years, with the intent of arousing, appealing to, or gratifying the sexual 13
desires of the defendant or the victim is a prior conviction for a sexual felony; 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
(D) a conviction in this or another jurisdiction of an offense 22
having elements similar to those of a felony defined as such under Alaska law 23
at the time the offense was committed is considered a prior felony conviction. 24
* Sec. 27. AS 12.55.155(c) is amended to read: 25
(c) The following factors shall be considered by the sentencing court if proven 26
in accordance with this section, and may allow imposition of a sentence above the 27
presumptive range set out in AS 12.55.125: 28
(1) a person, other than an accomplice, sustained physical injury as a 29
direct result of the defendant's conduct; 30
(2) the defendant's conduct during the commission of the offense 31 34-LS0451\N
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manifested deliberate cruelty to another person; 1
(3) the defendant was the leader of a group of three or more persons 2
who participated in the offense; 3
(4) the defendant employed a dangerous instrument in furtherance of 4
the offense; 5
(5) the defendant knew or reasonably should have known that the 6
victim of the offense was particularly vulnerable or incapable of resistance due to 7
advanced age, disability, ill health, homelessness, consumption of alcohol or drugs, or 8
extreme youth or was for any other reason substantially incapable of exercising 9
normal physical or mental powers of resistance; 10
(6) the defendant's conduct created a risk of imminent physical injury 11
to three or more persons, other than accomplices; 12
(7) a prior felony conviction considered for the purpose of invoking a 13
presumptive range under this chapter was of a more serious class of offense than the 14
present offense; 15
(8) the defendant's prior criminal history includes conduct involving 16
aggravated assaultive behavior, repeated instances of assaultive behavior, repeated 17
instances of cruelty to animals proscribed under AS 11.61.140(a)(1) and (3) - (5), or a 18
combination of assaultive behavior and cruelty to animals proscribed under 19
AS 11.61.140(a)(1) and (3) - (5); in this paragraph, "aggravated assaultive behavior" 20
means assault that is a felony under AS 11.41, or a similar provision in another 21
jurisdiction; 22
(9) the defendant knew that the offense involved more than one victim; 23
(10) the conduct constituting the offense was among the most serious 24
conduct included in the definition of the offense; 25
(11) the defendant committed the offense under an agreement that the 26
defendant either pay or be paid for the commission of the offense, and the pecuniary 27
incentive was beyond that inherent in the offense itself; 28
(12) the defendant was on release under AS 12.30 for another felony 29
charge or conviction or for a misdemeanor charge or conviction having assault as a 30
necessary element; 31 34-LS0451\N
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(13) the defendant knowingly directed the conduct constituting the 1
offense at an active officer of the court or at an active or former judicial officer, 2
prosecuting attorney, law enforcement officer, correctional employee, firefighter, 3
emergency medical technician, paramedic, ambulance attendant, or other emergency 4
responder during or because of the exercise of official duties; 5
(14) the defendant was a member of an organized group of five or 6
more persons, and the offense was committed to further the criminal objectives of the 7
group; 8
(15) the defendant has three or more prior felony convictions; 9
(16) the defendant's criminal conduct was designed to obtain 10
substantial pecuniary gain and the risk of prosecution and punishment for the conduct 11
is slight; 12
(17) the offense was one of a continuing series of criminal offenses 13
committed in furtherance of illegal business activities from which the defendant 14
derives a major portion of the defendant's income; 15
(18) the offense was a felony 16
(A) specified in AS 11.41 and was committed against a spouse, 17
a former spouse, or a member of the social unit made up of those living 18
together in the same dwelling as the defendant; 19
(B) specified in AS 11.41.410 - 11.41.458 and the defendant 20
has engaged in the same or other conduct prohibited by a provision of 21
AS 11.41.410 - 11.41.460 involving the same or another victim; 22
(C) specified in AS 11.41 that is a crime involving domestic 23
violence and was committed in the physical presence or hearing of a child 24
under 18 [16] years of age who was, at the time of the offense, living within 25
the residence of the victim, the residence of the perpetrator, or the residence 26
where the crime involving domestic violence occurred; 27
(D) specified in AS 11.41 and was committed against a person 28
with whom the defendant has a dating relationship or with whom the defendant 29
has engaged in a sexual relationship; or 30
(E) specified in AS 11.41.434 - 11.41.458 or AS 11.61.128 and 31 34-LS0451\N
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the defendant was 10 or more years older than the victim; 1
(19) the defendant's prior criminal history includes an adjudication as a 2
delinquent for conduct that would have been a felony if committed by an adult; 3
(20) the defendant was on furlough under AS 33.30 or on parole or 4
probation for another felony charge or conviction that would be considered a prior 5
felony conviction under AS 12.55.145(a)(1)(B); 6
(21) the defendant has a criminal history of repeated instances of 7
conduct violative of criminal laws, whether punishable as felonies or misdemeanors, 8
similar in nature to the offense for which the defendant is being sentenced under this 9
section; 10
(22) the defendant knowingly directed the conduct constituting the 11
offense at a victim because of that person's race, sex, color, creed, physical or mental 12
disability, ancestry, or national origin; 13
(23) the defendant is convicted of an offense specified in AS 11.71 and 14
(A) the offense involved the delivery of a controlled substance 15
under circumstances manifesting an intent to distribute the substance as part of 16
a commercial enterprise; or 17
(B) at the time of the conduct resulting in the conviction, the 18
defendant was caring for or assisting in the care of a child under 10 years of 19
age; 20
(24) the defendant is convicted of an offense specified in AS 11.71 and 21
the offense involved the transportation of controlled substances into the state; 22
(25) the defendant is convicted of an offense specified in AS 11.71 and 23
the offense involved large quantities of a controlled substance; 24
(26) the defendant is convicted of an offense specified in AS 11.71 and 25
the offense involved the distribution of a controlled substance that had been 26
adulterated with a toxic substance; 27
(27) the defendant, being 18 years of age or older, 28
(A) is legally accountable under AS 11.16.110(2) for the 29
conduct of a person who, at the time the offense was committed, was under 18 30
years of age and at least three years younger than the defendan
t; or 31 34-LS0451\N
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(B) is aided or abetted in planning or committing the offense by 1
a person who, at the time the offense was committed, was under 18 years of 2
age and at least three years younger than the defendant; 3
(28) the victim of the offense is a person who provided testimony or 4
evidence related to a prior offense committed by the defendant; 5
(29) the defendant committed the offense for the benefit of, at the 6
direction of, or in association with a criminal street gang; 7
(30) the defendant is convicted of an offense specified in AS 11.41.410 8
- 11.41.455, and the defendant knowingly supplied alcohol or a controlled substance to 9
the victim in furtherance of the offense with the intent to make the victim 10
incapacitated; in this paragraph, "incapacitated" has the meaning given in 11
AS 11.41.470; 12
(31) the defendant's prior criminal history includes convictions for five 13
or more crimes in this or another jurisdiction that are class A misdemeanors under the 14
law of this state, or having elements similar to a class A misdemeanor; two or more 15
convictions arising out of a single continuous episode are considered a single 16
conviction; however, an offense is not a part of a continuous episode if committed 17
while attempting to escape or resist arrest or if it is an assault on a uniformed or 18
otherwise clearly identified peace officer or correctional employee; notice and denial 19
of convictions are governed by AS 12.55.145(b) - (d); 20
(32) the offense is a violation of AS 11.41 or AS 11.46.400 and the 21
offense occurred on school grounds, on a school bus, at a school-sponsored event, or 22
in the administrative offices of a school district if students are educated at that office; 23
in this paragraph, 24
(A) "school bus" has the meaning given in AS 11.71.900; 25
(B) "school district" has the meaning given in AS 47.07.063; 26
(C) "school grounds" has the meaning given in AS 11.71.900; 27
(33) the offense was a felony specified in AS 11.41.410 - 11.41.455, 28
the defendant had been previously diagnosed as having or having tested positive for 29
HIV or AIDS, and the offense either (A) involved penetration, or (B) exposed the 30
victim to a risk or a fear that the offense could result in the transmission of HIV or 31 34-LS0451\N
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AIDS; in this paragraph, "HIV" and "AIDS" have the meanings given in 1
AS 18.15.310; 2
(34) the defendant committed the offense on, or to affect persons or 3
property on, the premises of a recognized shelter or facility providing services to 4
victims of domestic violence or sexual assault; 5
(35) the defendant knowingly directed the conduct constituting the 6
offense at a victim because that person was 65 years of age or older; 7
(36) the defendant committed the offense at a health care facility and 8
knowingly directed the conduct constituting the offense at a medical professional 9
during or because of the medical professional's exercise of professional duties; in this 10
paragraph, 11
(A) "health care facility" has the meaning given in 12
AS 18.07.111; 13
(B) "medical professional" has the meaning given in 14
AS 12.55.135(k); 15
(37) the defendant knowingly caused the victim to become 16
unconscious by means of a dangerous instrument; in this paragraph, "dangerous 17
instrument" has the meaning given in AS 11.81.900(b)(16)(B). 18
* Sec. 28. AS 12.63.020(a) is amended to read: 19
(a) The duty of a sex offender or child kidnapper to comply with the 20
requirements of AS 12.63.010 is as follows: 21
(1) for a sex offender or child kidnapper, as that term is defined in 22
AS 12.63.100(6)(A), for each sex offense or child kidnapping, the duty 23
(A) continues for the lifetime of a sex offender or child 24
kidnapper convicted of 25
(i) one aggravated sex offense; or 26
(ii) two or more sex offenses, two or more child 27
kidnappings, or one sex offense and one child kidnapping; for purposes 28
of this section, a person convicted of indecent exposure before a person 29
under 18 [16] years of age under AS 11.41.460 more than two times 30
has been convicted of two or more sex offenses; 31 34-LS0451\N
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(B) ends 15 years following the sex offender's or child 1
kidnapper's unconditional discharge from a conviction for a single sex offense 2
that is not an aggravated sex offense or for a single child kidnapping if the sex 3
offender or child kidnapper has supplied proof that is acceptable to the 4
department of the unconditional discharge; the registration period under this 5
subparagraph 6
(i) is tolled for the period that a sex offender or child 7
kidnapper fails to comply with the requirements of this chapter or is 8
incarcerated for the offense or kidnapping for which the offender or 9
kidnapper is required to register or for any other offense; 10
(ii) may include the time a sex offender or child 11
kidnapper was absent from this state if the sex offender or child 12
kidnapper has complied with any sex offender or child kidnapper 13
registration requirements of the jurisdiction in which the offender or 14
kidnapper was located and if the sex offender or child kidnapper 15
provides the department with proof of the compliance while the sex 16
offender or child kidnapper was absent from this state; and 17
(iii) continues for a sex offender or child kidnapper who 18
has not supplied proof acceptable to the department of the offender's or 19
kidnapper's unconditional discharge for the sex offense or child 20
kidnapping requiring registration; 21
(2) for a sex offender or child kidnapper, as that term is defined in 22
AS 12.63.100(6)(B), the duty continues for the period determined by the department 23
under (b) of this section. 24
* Sec. 29. AS 12.63.100(7) is amended to read: 25
(7) "sex offense" means 26
(A) a crime under AS 11.41.100(a)(3), or a similar law of 27
another jurisdiction, in which the person committed or attempted to commit a 28
sexual offense, or a similar offense under the laws of the other jurisdiction; in 29
this subparagraph, "sexual offense" has the meaning given in 30
AS 11.41.100(a)(3); 31 34-LS0451\N
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(B) a crime under AS 11.41.110(a)(3), or a similar law of 1
another jurisdiction, in which the person committed or attempted to commit 2
one of the following crimes, or a similar law of another jurisdiction: 3
(i) sexual assault in the first degree; 4
(ii) sexual assault in the second degree; 5
(iii) sexual abuse of a minor in the first degree; or 6
(iv) sexual abuse of a minor in the second degree; 7
(C) a crime, or an attempt, solicitation, or conspiracy to commit 8
a crime, under the following statutes or a similar law of another jurisdiction: 9
(i) AS 11.41.410 - 11.41.438; 10
(ii) AS 11.41.440(a)(2); 11
(iii) AS 11.41.450 - 11.41.458; 12
(iv) AS 11.41.460 or AS 26.05.900(c) if the indecent 13
exposure is before a person under 18 [16] years of age and the offender 14
has previously been convicted under AS 11.41.460 or AS 26.05.900(c); 15
(v) AS 11.61.125 - 11.61.128; 16
(vi) AS 11.66.130(a)(2)(B) or AS 26.05.900(b) if the 17
person who was induced or caused to engage in prostitution was under 18
20 years of age at the time of the offense; 19
(vii) former AS 11.15.120, former 11.15.134, or assault 20
with the intent to commit rape under former AS 11.15.160, former 21
AS 11.40.110, or former 11.40.200; 22
(viii) AS 11.61.118(a)(2) if the offender has a previous 23
conviction for that offense; 24
(ix) AS 11.66.100(a)(2) if the offender is subject to 25
punishment under former AS 11.66.100(e); 26
(x) AS 26.05.890 if the person engaged in sexual 27
penetration or sexual contact with the victim; 28
(xi) AS 26.05.890 if, at the time of the offense, the 29
victim is under a duty to obey the lawful orders of the offender, 30
regardless of whether the offender is in the direct chain of command 31 34-LS0451\N
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over the victim; 1
(xii) AS 26.05.893 if the person engaged in sexual 2
penetration or sexual contact with the victim; 3
(xiii) AS 26.05.900(a) if the victim is under 18 years of 4
age at the time of the offense; 5
(xiv) AS 26.05.900 if, at the time of the offense, the 6
victim is under a duty to obey the lawful orders of the offender, 7
regardless of whether the offender is in the direct chain of command 8
over the victim; [OR] 9
(xv) AS 11.61.123 if the offender is subject to 10
punishment under AS 11.61.123(g)(1) or (2); 11
(xvi) AS 11.66.137; 12
(xvii) AS 11.61.130(a)(2); or 13
(xviii) AS 11.66.110 and 11.66.120; 14
(D) an offense, or an attempt, solicitation, or conspiracy to 15
commit an offense, under AS 26.05.935(b), or a similar law of another 16
jurisdiction, if the member of the militia commits one of the following 17
enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform 18
Code of Military Justice): 19
(i) child sexual abuse material; or 20
(ii) pandering and prostitution if the person who is 21
induced, enticed, caused, or procured to engage in a sexual act is under 22
20 years of age at the time of the offense; or 23
(E) an offense in which the person is required to register as a 24
sex offender under the laws of another jurisdiction; 25
* Sec. 30. AS 11.41.436(a)(6), 11.41.440(a)(2); and AS 12.63.100(7)(C)(ii) are repealed. 26
* Sec. 31. The uncodified law of the State of Alaska is amended by adding a new section to 27
read: 28
APPLICABILITY. The following apply to offenses committed on or after the 29
effective date of this Act: 30
(1) AS 09.55.650(a), as amended by sec. 1 of this Act; 31 34-LS0451\N
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(2) AS 11.41.100(a), as amended by sec. 2 of this Act; 1
(3) AS 11.41.110(a), as amended by sec. 3 of this Act; 2
(4) AS 11.41.220(a), as amended by sec. 4 of this Act; 3
(5) AS 11.41.220(b), as amended by sec. 5 of this Act; 4
(6) AS 11.41.260(a), as amended by sec. 6 of this Act; 5
(7) AS 11.41.434(a), as amended by sec. 7 of this Act; 6
(8) AS 11.41.436(a), as amended by sec. 8 of this Act; 7
(9) AS 11.41.438(a), as amended by sec. 9 of this Act; 8
(10) AS 11.41.452(a), as amended by sec. 10 of this Act; 9
(11) AS 11.41.452(b), as amended by sec. 11 of this Act; 10
(12) AS 11.41.452(e), as amended by sec. 12 of this Act; 11
(13) AS 11.41.458(b), as amended by sec. 13 of this Act; 12
(14) AS 11.41.460(b), as amended by sec. 14 of this Act; 13
(15) AS 11.51.100(a), as amended by sec. 15 of this Act; 14
(16) AS 11.61.116(a), as amended by sec. 16 of this Act; 15
(17) AS 11.61.124(a), as amended by sec. 17 of this Act; 16
(18) AS 11.61.124(b), as amended by sec. 18 of this Act; 17
(19) AS 11.61.128(a), as amended by sec. 19 of this Act; 18
(20) AS 11.61.128(b), as amended by sec. 20 of this Act; 19
(21) AS 11.61.128(c), as amended by sec. 21 of this Act; 20
(22) AS 11.61.128(e), as amended by sec. 22 of this Act; 21
(23) AS 12.45.046(a), as amended by sec. 23 of this Act; 22
(24) AS 12.55.125(b), as amended by sec. 24 of this Act; 23
(25) AS 12.55.125(d), as amended by sec. 25 of this Act; 24
(26) AS 12.55.145(a), as amended by sec. 26 of this Act; 25
(27) AS 12.55.155(c), as amended by sec. 27 of this Act; 26
(28) AS 12.63.020(a), as amended by sec. 28 of this Act; and 27
(29) AS 12.63.100(7) as amended by sec. 29 of this Act. 28
* Sec. 32. This Act takes effect immediately under AS 01.10.070(c). 29