Alaska 2025-2026 Regular Session

Alaska House Bill HB47 Compare Versions

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

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2	2	HB0047a -1- HB 47
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11	11	HOUSE BILL NO. 47
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13	13	IN THE LEGISLATURE OF THE STATE OF ALASKA
14	14
15	15	THIRTY-FOURTH LEGISLATURE - FIRST SESSION
16	16
17	17	BY REPRESENTATIVE VANCE
18	18
19	19	Introduced: 1/17/25
20	20	Referred: Prefiled
21	21
22	22
23	23	A BILL
24	24
25	25	FOR AN ACT ENTITLED
26	26
27	27	"An Act relating to crime and criminal procedure; relating to generated obscene child 1
28	28	sexual abuse material; relating to the powers of district judges and magistrates; relating 2
29	29	to teaching certificates; and relating to licensing of school bus drivers." 3
30	30	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4
31	31	* Section 1. AS 11.61.120(a) is amended to read: 5
32	32	(a) A person commits the crime of harassment in the second degree if, with 6
33	33	intent to harass or annoy another person, that person 7
34	34	(1) insults, taunts, or challenges another person in a manner likely to 8
35	35	provoke an immediate violent response; 9
36	36	(2) telephones another and fails to terminate the connection with intent 10
37	37	to impair the ability of that person to place or receive telephone calls; 11
38	38	(3) makes repeated telephone calls at extremely inconvenient hours; 12
39	39	(4) makes an anonymous or obscene telephone call, an obscene 13
40	40	electronic communication, or a telephone call or electronic communication that 14 34-LS0334\A
41	41	HB 47 -2- HB0047a
42	42	New Text Underlined [DELETED TEXT BRACKETED]
43	43
44	44	threatens physical injury or sexual contact; 1
45	45	(5) subjects another person to offensive physical contact; 2
46	46	(6) except as provided in AS 11.61.116, publishes or distributes 3
47	47	electronic or printed photographs, pictures, or films that show the genitals, anus, or 4
48	48	female breast of the other person or show that person engaged in a sexual act; 5
49	49	(7) repeatedly sends or publishes an electronic communication that 6
50	50	insults, taunts, challenges, or intimidates a person under 18 years of age in a manner 7
51	51	that places the person in reasonable fear of physical injury; or 8
52	52	(8) under circumstances not proscribed under AS 11.41.455, 9
53	53	AS 11.61.121, 11.61.125 [AS 11.61.125], or 11.61.128, repeatedly sends to another 10
54	54	person, publishes, or distributes electronic or printed photographs, pictures, or films 11
55	55	that show the genitals of any person. 12
56	56	* Sec. 2. AS 11.61 is amended by adding new sections to read: 13
57	57	Sec. 11.61.121. Distribution of generated obscene child sexual abuse 14
58	58	material. (a) A person commits the crime of distribution of generated obscene child 15
59	59	sexual abuse material if the person distributes in this state or advertises, promotes, 16
60	60	solicits, or offers to distribute in this state any material that is proscribed under 17
61	61	AS 11.61.122. 18
62	62	(b) The possession of 100 or more films, audio, video, electronic, or 19
63	63	electromagnetic recordings, photographs, negatives, slides, books, newspapers, 20
64	64	magazines, or other materials, including a combination of these items totaling 100 or 21
65	65	more, is prima facie evidence of distribution and intent to distribute under (a) of this 22
66	66	section. 23
67	67	(c) In this section, "distribution" includes the following, whether or not for 24
68	68	monetary or other consideration: delivering, selling, renting, leasing, lending, giving, 25
69	69	circulating, exhibiting, presenting, providing, exchanging, placing on a computer 26
70	70	network or computer system, and providing billing collection, or other ancillary 27
71	71	services for or otherwise supporting these activities. 28
72	72	(d) Distribution of generated obscene child sexual abuse material is a 29
73	73	(1) class B felony; or 30
74	74	(2) class A felony if the person has been previously convicted of 31 34-LS0334\A
75	75	HB0047a -3- HB 47
76	76	New Text Underlined [DELETED TEXT BRACKETED]
77	77
78	78	distribution of generated obscene child sexual abuse material in this jurisdiction or a 1
79	79	similar crime in this or another jurisdiction. 2
80	80	Sec. 11.61.122. Possession of generated obscene child sexual abuse 3
81	81	material. (a) A person commits the crime of possession of generated obscene child 4
82	82	sexual abuse material if the person knowingly possesses or knowingly accesses on a 5
83	83	computer with intent to view any material that 6
84	84	(1) the average person, applying contemporary community standards, 7
85	85	would find, when considered as a whole, appeals to the prurient interest; 8
86	86	(2) depicts, in a patently offensive way, a child under 18 years of age 9
87	87	who, by manipulation, creation, or modification, appears to be engaged in conduct 10
88	88	described in AS 11.41.455(a); and 11
89	89	(3) when considered as a whole, lacks serious literary, artistic, 12
90	90	political, or scientific value. 13
91	91	(b) This section does not apply to an employee of an interactive computer 14
92	92	service, Internet service provider, cloud service provider, or telecommunications 15
93	93	network who, while acting in the scope of employment, possesses or accesses the 16
94	94	material described in (a) of this section solely to prevent, detect, report, or otherwise 17
95	95	respond to the production, generation, manipulation, or modification of the material. 18
96	96	In this subsection, "interactive computer service" has the meaning given in 19
97	97	AS 11.61.127(b). 20
98	98	(c) In this section, "computer" has the meaning given in AS 11.46.990. 21
99	99	(d) Possession of generated obscene child sexual abuse material is a class C 22
100	100	felony. 23
101	101	* Sec. 3. AS 11.61.127(a) is amended to read: 24
102	102	(a) A person commits the crime of possession of child sexual abuse material if 25
103	103	the person knowingly possesses or knowingly accesses on a computer with intent to 26
104	104	view any material that visually depicts conduct described in AS 11.41.455(a) knowing 27
105	105	that the 28
106	106	(1) production of the material involved the use of a child under 18 29
107	107	years of age who engaged in the conduct; or 30
108	108	(2) material depicts [A DEPICTION OF] a part of an actual child 31 34-LS0334\A
109	109	HB 47 -4- HB0047a
110	110	New Text Underlined [DELETED TEXT BRACKETED]
111	111
112	112	under 18 years of age, or is a representation that is indistinguishable from an 1
113	113	identifiable child under 18 years of age, who, by manipulation, creation, or 2
114	114	modification, appears to be engaged in the conduct. 3
115	115	* Sec. 4. AS 11.61.127(b) is amended to read: 4
116	116	(b) This section does not apply to 5
117	117	(1) persons providing plethysmograph assessments in the course of a 6
118	118	sex offender treatment program that meets the minimum standards under 7
119	119	AS 33.30.011(a)(5); or 8
120	120	(2) an employee of an interactive computer service, Internet 9
121	121	service provider, cloud service provider, or telecommunications network who, 10
122	122	while acting in the scope of employment, possesses or accesses the material 11
123	123	described in (a) of this section solely to prevent, detect, report, or otherwise 12
124	124	respond to the production, generation, manipulation, or modification of the 13
125	125	material; in this paragraph, "interactive computer service" means an 14
126	126	information service, system, or access software provider that provides or enables 15
127	127	computer access by multiple users to a computer server, including specifically a 16
128	128	service or system that provides access to the Internet and those systems operated 17
129	129	or services offered by libraries or educational institutions. 18
130	130	* Sec. 5. AS 11.61.127(f) is amended to read: 19
131	131	(f) In this section, 20
132	132	(1) "computer" has the meaning given in AS 11.46.990; 21
133	133	(2) "identifiable child" means an individual who is recognizable as 22
134	134	an actual child by the child's face, likeness, or other distinguishing 23
135	135	characteristics, regardless of whether the individual depicted is no longer under 24
136	136	18 years of age. 25
137	137	* Sec. 6. AS 11.61.129(a) is amended to read: 26
138	138	(a) Property used to aid a violation of AS 11.61.121 - 11.61.128 27
139	139	[AS 11.61.123 - 11.61.128] or to aid the solicitation of, attempt to commit, or 28
140	140	conspiracy to commit a violation of AS 11.61.121 - 11.61.128 [AS 11.61.123 - 29
141	141	11.61.128] may be forfeited to the state upon the conviction of the offender. 30
142	142	* Sec. 7. AS 11.66.100(c) is amended to read: 31 34-LS0334\A
143	143	HB0047a -5- HB 47
144	144	New Text Underlined [DELETED TEXT BRACKETED]
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146	146	(c) A person may not be prosecuted under (a)(1) of this section if the 1
147	147	(1) person witnessed or was a victim of, and reported to law 2
148	148	enforcement in good faith, one or more of the following crimes: 3
149	149	(A) murder in the first degree under AS 11.41.100; 4
150	150	(B) murder in the second degree under AS 11.41.110; 5
151	151	(C) manslaughter under AS 11.41.120; 6
152	152	(D) criminally negligent homicide under AS 11.41.130; 7
153	153	(E) assault in the first degree under AS 11.41.200; 8
154	154	(F) assault in the second degree under AS 11.41.210; 9
155	155	(G) assault in the third degree under AS 11.41.220; 10
156	156	(H) assault in the fourth degree under AS 11.41.230; 11
157	157	(I) sexual assault in the first degree under AS 11.41.410; 12
158	158	(J) sexual assault in the second degree under AS 11.41.420; 13
159	159	(K) sexual assault in the third degree under AS 11.41.425; 14
160	160	(L) sexual assault in the fourth degree under AS 11.41.427; 15
161	161	(M) sexual abuse of a minor in the first degree under 16
162	162	AS 11.41.434; 17
163	163	(N) sexual abuse of a minor in the second degree under 18
164	164	AS 11.41.436; 19
165	165	(O) sexual abuse of a minor in the third degree under 20
166	166	AS 11.41.438; 21
167	167	(P) sexual abuse of a minor in the fourth degree under 22
168	168	AS 11.41.440; 23
169	169	(Q) robbery in the first degree under AS 11.41.500; 24
170	170	(R) robbery in the second degree under AS 11.41.510; 25
171	171	(S) extortion under AS 11.41.520; 26
172	172	(T) coercion under AS 11.41.530; 27
173	173	(U) distribution of child sexual abuse material under 28
174	174	AS 11.61.125; 29
175	175	(V) possession of child sexual abuse material under 30
176	176	AS 11.61.127; 31 34-LS0334\A
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180	180	(W) sex trafficking in the first degree under AS 11.66.110; 1
181	181	(X) sex trafficking in the second degree under AS 11.66.120; 2
182	182	(Y) sex trafficking in the third degree under AS 11.66.130; 3
183	183	[OR] 4
184	184	(Z) sex trafficking in the fourth degree under AS 11.66.135; 5
185	185	(AA) distribution of generated obscene child sexual abuse 6
186	186	material under AS 11.61.121; or 7
187	187	(BB) possession of generated obscene child sexual abuse 8
188	188	material under AS 11.61.122; 9
189	189	(2) evidence supporting the prosecution under (a)(1) of this section 10
190	190	was obtained or discovered as a result of the person reporting the crime to law 11
191	191	enforcement; and 12
192	192	(3) person cooperated with law enforcement personnel. 13
193	193	* Sec. 8. AS 12.10.010(a) is amended to read: 14
194	194	(a) Prosecution for the following offenses may be commenced at any time: 15
195	195	(1) murder; 16
196	196	(2) attempt, solicitation, or conspiracy to commit murder or hindering 17
197	197	the prosecution of murder; 18
198	198	(3) felony sexual abuse of a minor; 19
199	199	(4) sexual assault that is an unclassified, class A, or class B felony or a 20
200	200	violation of AS 11.41.425(a)(2) - (4); 21
201	201	(5) a violation of AS 11.41.425, 11.41.427, 11.41.450 - 11.41.458, 22
202	202	AS 11.66.110 - 11.66.130, or former AS 11.41.430, when committed against a person 23
203	203	who, at the time of the offense, was under 18 years of age; 24
204	204	(6) kidnapping; 25
205	205	(7) distribution of generated obscene child sexual abuse material in 26
206	206	violation of AS 11.61.121 or distribution of child sexual abuse material in violation of 27
207	207	AS 11.61.125; 28
208	208	(8) sex trafficking in violation of AS 11.66.110 - 11.66.130 that is an 29
209	209	unclassified, class A, or class B felony or that is committed against a person who, at 30
210	210	the time of the offense, was under 20 years of age; 31 34-LS0334\A
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213	213
214	214	(9) human trafficking in violation of AS 11.41.360 or 11.41.365. 1
215	215	* Sec. 9. AS 12.55.078(f) is amended to read: 2
216	216	(f) The court may not suspend the imposition or entry of judgment and may 3
217	217	not defer prosecution under this section of a person who 4
218	218	(1) is charged with a violation of AS 11.41.100 - 11.41.220, 11.41.260 5
219	219	- 11.41.320, 11.41.360 - 11.41.370, 11.41.410 - 11.41.530, AS 11.46.400, 6
220	220	AS 11.61.121, 11.61.122, 11.61.125 - 11.61.128 [AS 11.61.125 - 11.61.128], or 7
221	221	AS 11.66.110 - 11.66.135; 8
222	222	(2) uses a firearm in the commission of the offense for which the 9
223	223	person is charged; 10
224	224	(3) has previously been granted a suspension of judgment under this 11
225	225	section or a similar statute in another jurisdiction, unless the court enters written 12
226	226	findings that by clear and convincing evidence the person's prospects for rehabilitation 13
227	227	are high and suspending judgment under this section adequately protects the victim of 14
228	228	the offense, if any, and the community; 15
229	229	(4) is charged with a violation of AS 11.41.230, 11.41.250, or a felony 16
230	230	and the person has one or more prior convictions for a misdemeanor violation of 17
231	231	AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction 18
232	232	having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a 19
233	233	felony in this state; for the purposes of this paragraph, a person shall be considered to 20
234	234	have a prior conviction even if 21
235	235	(A) the charges were dismissed under this section; 22
236	236	(B) the conviction has been set aside under AS 12.55.085; or 23
237	237	(C) the charge or conviction was dismissed or set aside under 24
238	238	an equivalent provision of the laws of another jurisdiction; or 25
239	239	(5) is charged with a crime involving domestic violence, as defined in 26
240	240	AS 18.66.990. 27
241	241	* Sec. 10. AS 12.55.085(f) is amended to read: 28
242	242	(f) The court may not suspend the imposition of sentence of a person who 29
243	243	(1) is convicted of a violation of AS 11.41.100 - 11.41.220, 11.41.260 30
244	244	- 11.41.320, 11.41.360 - 11.41.370, 11.41.410 - 11.41.530, AS 11.46.400, 31 34-LS0334\A
245	245	HB 47 -8- HB0047a
246	246	New Text Underlined [DELETED TEXT BRACKETED]
247	247
248	248	AS 11.61.121, 11.61.122, 11.61.125 - 11.61.128 [AS 11.61.125 - 11.61.128], or 1
249	249	AS 11.66.110 - 11.66.135; 2
250	250	(2) uses a firearm in the commission of the offense for which the 3
251	251	person is convicted; or 4
252	252	(3) is convicted of a violation of AS 11.41.230 - 11.41.250 or a felony 5
253	253	and the person has one or more prior convictions for a misdemeanor violation of 6
254	254	AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction 7
255	255	having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a 8
256	256	felony in this state; for the purposes of this paragraph, a person shall be considered to 9
257	257	have a prior conviction even if that conviction has been set aside under (e) of this 10
258	258	section or under the equivalent provision of the laws of another jurisdiction. 11
259	259	* Sec. 11. AS 12.55.100(e) is amended to read: 12
260	260	(e) In addition to other conditions imposed on the defendant, while on 13
261	261	probation and as a condition of probation 14
262	262	(1) for a sex offense, as described in AS 12.63.100, the defendant 15
263	263	(A) shall be required to submit to regular periodic polygraph 16
264	264	examinations; 17
265	265	(B) may be required to provide each electronic mail address, 18
266	266	instant messaging address, and other Internet communication identifier that the 19
267	267	defendant uses to the defendant's probation officer; the probation officer shall 20
268	268	forward those addresses and identifiers to the Alaska state troopers and to the 21
269	269	local law enforcement agency; 22
270	270	(2) if the defendant was convicted of a violation of AS 11.41.434 - 23
271	271	11.41.455, AS 11.61.121, 11.61.122, 11.61.125 - 11.61.128 [AS 11.61.125 - 24
272	272	11.61.128], or a similar offense in another jurisdiction, the defendant may be required 25
273	273	to refrain from 26
274	274	(A) using or creating an Internet site; 27
275	275	(B) communicating with children under 16 years of age; 28
276	276	(C) possessing or using a computer; or 29
277	277	(D) residing within 500 feet of school grounds; in this 30
278	278	subparagraph, "school grounds" has the meaning given in AS 11.71.900. 31 34-LS0334\A
279	279	HB0047a -9- HB 47
280	280	New Text Underlined [DELETED TEXT BRACKETED]
281	281
282	282	* Sec. 12. AS 12.55.125(i) is amended to read: 1
283	283	(i) A defendant convicted of 2
284	284	(1) sexual assault in the first degree under AS 11.41.410(a)(1)(A), (2), 3
285	285	(3), or (4), sexual abuse of a minor in the first degree, unlawful exploitation of a minor 4
286	286	under AS 11.41.455(c)(2), or sex trafficking in the first degree under 5
287	287	AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 6
288	288	than 99 years and shall be sentenced to a definite term within the following 7
289	289	presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 8
290	290	(A) if the offense is a first felony conviction, the offense does 9
291	291	not involve circumstances described in (B) of this paragraph, and the victim 10
292	292	was 11
293	293	(i) less than 13 years of age, 25 to 35 years; 12
294	294	(ii) 13 years of age or older, 20 to 30 years; 13
295	295	(B) if the offense is a first felony conviction and the defendant 14
296	296	possessed a firearm, used a dangerous instrument, or caused serious physical 15
297	297	injury during the commission of the offense, 25 to 35 years; 16
298	298	(C) if the offense is a second felony conviction and does not 17
299	299	involve circumstances described in (D) of this paragraph, 30 to 40 years; 18
300	300	(D) if the offense is a second felony conviction and the 19
301	301	defendant has a prior conviction for a sexual felony, 35 to 45 years; 20
302	302	(E) if the offense is a third felony conviction and the defendant 21
303	303	is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 22
304	304	to 60 years; 23
305	305	(F) if the offense is a third felony conviction, the defendant is 24
306	306	not subject to sentencing under (l) of this section, and the defendant has two 25
307	307	prior convictions for sexual felonies, 99 years; 26
308	308	(2) sexual assault in the first degree under AS 11.41.410(a)(1)(B), 27
309	309	unlawful exploitation of a minor under AS 11.41.455(c)(1), enticement of a minor 28
310	310	under AS 11.41.452(e), or attempt, conspiracy, or solicitation to commit sexual assault 29
311	311	in the first degree under AS 11.41.410(a)(1)(A), (2), (3), or (4), sexual abuse of a 30
312	312	minor in the first degree, or sex trafficking in the first degree under 31 34-LS0334\A
313	313	HB 47 -10- HB0047a
314	314	New Text Underlined [DELETED TEXT BRACKETED]
315	315
316	316	AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 1
317	317	than 99 years and shall be sentenced to a definite term within the following 2
318	318	presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 3
319	319	(A) if the offense is a first felony conviction, the offense does 4
320	320	not involve circumstances described in (B) of this paragraph, and the victim 5
321	321	was 6
322	322	(i) under 13 years of age, 20 to 30 years; 7
323	323	(ii) 13 years of age or older, 15 to 30 years; 8
324	324	(B) if the offense is a first felony conviction and the defendant 9
325	325	possessed a firearm, used a dangerous instrument, or caused serious physical 10
326	326	injury during the commission of the offense, 25 to 35 years; 11
327	327	(C) if the offense is a second felony conviction and does not 12
328	328	involve circumstances described in (D) of this paragraph, 25 to 35 years; 13
329	329	(D) if the offense is a second felony conviction and the 14
330	330	defendant has a prior conviction for a sexual felony, 30 to 40 years; 15
331	331	(E) if the offense is a third felony conviction, the offense does 16
332	332	not involve circumstances described in (F) of this paragraph, and the defendant 17
333	333	is not subject to sentencing under (l) of this section, 35 to 50 years; 18
334	334	(F) if the offense is a third felony conviction, the defendant is 19
335	335	not subject to sentencing under (l) of this section, and the defendant has two 20
336	336	prior convictions for sexual felonies, 99 years; 21
337	337	(3) sexual assault in the second degree, sexual abuse of a minor in the 22
338	338	second degree, enticement of a minor under AS 11.41.452(d), indecent exposure in the 23
339	339	first degree under AS 11.41.458(b)(2), distribution of generated obscene child 24
340	340	sexual abuse material under AS 11.61.121(d)(2), distribution of child sexual abuse 25
341	341	material under AS 11.61.125(e)(2), patron of a victim of sex trafficking under 26
342	342	AS 11.66.137, or attempt, conspiracy, or solicitation to commit sexual assault in the 27
343	343	first degree under AS 11.41.410(a)(1)(B) may be sentenced to a definite term of 28
344	344	imprisonment of not more than 99 years and shall be sentenced to a definite term 29
345	345	within the following presumptive ranges, subject to adjustment as provided in 30
346	346	AS 12.55.155 - 12.55.175: 31 34-LS0334\A
347	347	HB0047a -11- HB 47
348	348	New Text Underlined [DELETED TEXT BRACKETED]
349	349
350	350	(A) if the offense is a first felony conviction, five to 15 years; 1
351	351	(B) if the offense is a second felony conviction and does not 2
352	352	involve circumstances described in (C) of this paragraph, 10 to 25 years; 3
353	353	(C) if the offense is a second felony conviction and the 4
354	354	defendant has a prior conviction for a sexual felony, 15 to 30 years; 5
355	355	(D) if the offense is a third felony conviction and does not 6
356	356	involve circumstances described in (E) of this paragraph, 20 to 35 years; 7
357	357	(E) if the offense is a third felony conviction and the defendant 8
358	358	has two prior convictions for sexual felonies, 99 years; 9
359	359	(4) sexual assault in the third degree, sexual abuse of a minor in the 10
360	360	third degree under AS 11.41.438(c), incest, indecent exposure in the first degree under 11
361	361	AS 11.41.458(b)(1), distribution of generated obscene child sexual abuse material 12
362	362	under AS 11.61.121(d)(1), possession of generated obscene child sexual abuse 13
363	363	material, indecent viewing or production of a picture under AS 11.61.123(g)(1) or 14
364	364	(2), possession of child sexual abuse material, distribution of child sexual abuse 15
365	365	material under AS 11.61.125(e)(1), patron of a victim of sex trafficking under 16
366	366	AS 11.66.137, or attempt, conspiracy, or solicitation to commit sexual assault in the 17
367	367	second degree, sexual abuse of a minor in the second degree, distribution of 18
368	368	generated obscene child sexual abuse material, unlawful exploitation of a minor, 19
369	369	distribution of child sexual abuse material under AS 11.61.125(e)(2), or patron of a 20
370	370	victim of sex trafficking under AS 11.66.137, may be sentenced to a definite term of 21
371	371	imprisonment of not more than 99 years and shall be sentenced to a definite term 22
372	372	within the following presumptive ranges, subject to adjustment as provided in 23
373	373	AS 12.55.155 - 12.55.175: 24
374	374	(A) if the offense is a first felony conviction and does not 25
375	375	involve the circumstances described in (B) or (C) of this paragraph, two to 12 26
376	376	years; 27
377	377	(B) if the offense is a first felony conviction under 28
378	378	AS 11.61.121(d)(1) or 11.61.125(e)(1) [AS 11.61.125(e)(1)] and does not 29
379	379	involve circumstances described in (C) of this paragraph, four to 12 years; 30
380	380	(C) if the offense is a first felony conviction under 31 34-LS0334\A
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382	382	New Text Underlined [DELETED TEXT BRACKETED]
383	383
384	384	AS 11.61.121(d)(1) or 11.61.125(e)(1) [AS 11.61.125(e)(1)], and the 1
385	385	defendant hosted, created, or helped host or create a mechanism for multi-party 2
386	386	sharing or distribution of generated obscene child sexual abuse material or 3
387	387	child sexual abuse material, or received a financial benefit or had a financial 4
388	388	interest in a generated obscene child sexual abuse material or child sexual 5
389	389	abuse material sharing or distribution mechanism, six to 14 years; 6
390	390	(D) if the offense is a second felony conviction and does not 7
391	391	involve circumstances described in (E) of this paragraph, eight to 15 years; 8
392	392	(E) if the offense is a second felony conviction and the 9
393	393	defendant has a prior conviction for a sexual felony, 12 to 20 years; 10
394	394	(F) if the offense is a third felony conviction and does not 11
395	395	involve circumstances described in (G) of this paragraph, 15 to 25 years; 12
396	396	(G) if the offense is a third felony conviction and the defendant 13
397	397	has two prior convictions for sexual felonies, 99 years. 14
398	398	* Sec. 13. AS 12.55.127(d) is amended to read: 15
399	399	(d) If the defendant is being sentenced for two or more crimes of distribution 16
400	400	of generated obscene child sexual abuse material under AS 11.61.121, possession 17
401	401	of generated obscene child sexual abuse material under AS 11.61.122, distribution 18
402	402	of child sexual abuse material under AS 11.61.125, possession of child sexual abuse 19
403	403	material under AS 11.61.127, or distribution of indecent material to minors under 20
404	404	AS 11.61.128, a consecutive term of imprisonment shall be imposed for some 21
405	405	additional term of imprisonment for each additional crime or each additional attempt 22
406	406	or solicitation to commit the offense. 23
407	407	* Sec. 14. AS 12.55.185(16) is amended to read: 24
408	408	(16) "sexual felony" means sexual assault in the first degree, sexual 25
409	409	abuse of a minor in the first degree, sex trafficking in the first degree, sexual assault in 26
410	410	the second degree, sexual abuse of a minor in the second degree, sexual abuse of a 27
411	411	minor in the third degree under AS 11.41.438(c), unlawful exploitation of a minor, 28
412	412	patron of a victim of sex trafficking, distribution of generated obscene child sexual 29
413	413	abuse material, possession of generated obscene child sexual abuse material, 30
414	414	indecent viewing or production of a picture under AS 11.61.123(g)(1) or (2), 31 34-LS0334\A
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416	416	New Text Underlined [DELETED TEXT BRACKETED]
417	417
418	418	distribution of child sexual abuse material, sexual assault in the third degree, incest, 1
419	419	indecent exposure in the first degree, possession of child sexual abuse material, 2
420	420	enticement of a minor, and felony attempt, conspiracy, or solicitation to commit those 3
421	421	crimes; 4
422	422	* Sec. 15. AS 12.62.900(22) is amended to read: 5
423	423	(22) "serious offense" means a conviction for a violation or for an 6
424	424	attempt, solicitation, or conspiracy to commit a violation of any of the following laws, 7
425	425	or of the laws of another jurisdiction with substantially similar elements: 8
426	426	(A) a felony offense; 9
427	427	(B) a crime involving domestic violence; 10
428	428	(C) AS 11.41.410 - 11.41.470; 11
429	429	(D) AS 11.51.130, 11.51.200 - 11.51.220, or AS 11.56.100 - 12
430	430	11.56.210 [OR 11.51.200 - 11.56.210]; 13
431	431	(E) AS 11.61.110(a)(7), 11.61.121, or 11.61.125; 14
432	432	(F) AS 11.66.100 - 11.66.130; 15
433	433	(G) former AS 11.15.120, former 11.15.134, or assault with the 16
434	434	intent to commit rape under former AS 11.15.160; or 17
435	435	(H) former AS 11.40.080, 11.40.110, 11.40.130, or 11.40.200 - 18
436	436	11.40.420, if committed before January 1, 1980. 19
437	437	* Sec. 16. AS 14.20.030(b) is amended to read: 20
438	438	(b) The commissioner or the Professional Teaching Practices Commission 21
439	439	shall revoke for life the certificate of a person who has been convicted of a crime, or 22
440	440	an attempt, solicitation, or conspiracy to commit a crime, involving a minor under 23
441	441	AS 11.41.410 - 11.41.460, AS 11.61.121, 11.61.122, 11.61.125 [AS 11.61.125], or 24
442	442	11.61.127, or a law or ordinance in another jurisdiction with elements similar to an 25
443	443	offense described in this subsection. 26
444	444	* Sec. 17. AS 28.15.046(c) is amended to read: 27
445	445	(c) The department may not issue a license under this section to an applicant 28
446	446	(1) who has been convicted of any of the following offenses: 29
447	447	(A) a violation, or an attempt, solicitation, or conspiracy to 30
448	448	commit a violation, of AS 11.41.100 - 11.41.220, 11.41.260 - 11.41.320, 31 34-LS0334\A
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451	451
452	452	11.41.360 - 11.41.370, 11.41.410 - 11.41.470, or 11.41.500 - 11.41.530; 1
453	453	(B) a felony violation of endangering the welfare of a child in 2
454	454	the first degree under AS 11.51.100; 3
455	455	(C) felony indecent viewing or production of a picture under 4
456	456	AS 11.61.123; 5
457	457	(D) distribution of child sexual abuse material under 6
458	458	AS 11.61.125; 7
459	459	(E) possession of child sexual abuse material under 8
460	460	AS 11.61.127; 9
461	461	(F) distribution of indecent material to minors under 10
462	462	AS 11.61.128; 11
463	463	(G) patron of a victim of sex trafficking under AS 11.66.137; 12
464	464	(H) sex trafficking in the first, second, or third degree under 13
465	465	AS 11.66.110 - 11.66.130; 14
466	466	(I) a felony involving distribution of a controlled substance 15
467	467	under AS 11.71 or imitation controlled substance under AS 11.73; 16
468	468	(J) a felony violation under AS 28.35.030(n) or 28.35.032(p); 17
469	469	(K) distribution of generated obscene child sexual abuse 18
470	470	material under AS 11.61.121; 19
471	471	(L) possession of generated obscene child sexual abuse 20
472	472	material under AS 11.61.122; or 21
473	473	(2) who has been convicted of any of the following offenses and less 22
474	474	than two years have elapsed since the applicant's date of conviction for the offense: 23
475	475	(A) assault in the fourth degree under AS 11.41.230; 24
476	476	(B) reckless endangerment under AS 11.41.250; 25
477	477	(C) contributing to the delinquency of a minor under 26
478	478	AS 11.51.130; 27
479	479	(D) misdemeanor prostitution under AS 11.66.100(a)(2); 28
480	480	(E) a misdemeanor violation of endangering the welfare of a 29
481	481	child in the first degree under AS 11.51.100. 30
482	482	* Sec. 18. AS 44.23.080(a) is amended to read: 31 34-LS0334\A
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485	485
486	486	(a) If there is reasonable cause to believe that an Internet service account has 1
487	487	been used in connection with a violation of AS 11.41.452, 11.41.455, or 2
488	488	AS 11.61.121, 11.61.122, or 11.61.125 - 11.61.128 [AS 11.61.125 - 11.61.128], and 3
489	489	that the identity, address, and other information about the account owner will assist in 4
490	490	obtaining evidence that is relevant to the offense, a law enforcement officer may apply 5
491	491	to the attorney general or the attorney general's designee for an administrative 6
492	492	subpoena to obtain the business records of the Internet service provider located inside 7
493	493	or outside of the state. 8
494	494	* Sec. 19. AS 47.12.110(d) is amended to read: 9
495	495	(d) Notwithstanding (a) of this section, a court hearing on a petition seeking 10
496	496	the adjudication of a minor as a delinquent shall be open to the public, except as 11
497	497	prohibited or limited by order of the court, if 12
498	498	(1) the department files with the court a motion asking the court to 13
499	499	open the hearing to the public, and the petition seeking adjudication of the minor as a 14
500	500	delinquent is based on 15
501	501	(A) the minor's alleged commission of an offense, and the 16
502	502	minor has knowingly failed to comply with all the terms and conditions 17
503	503	required of the minor by the department or imposed on the minor in a court 18
504	504	order entered under AS 47.12.040(a)(2) or 47.12.120; 19
505	505	(B) the minor's alleged commission of 20
506	506	(i) a crime against a person that is punishable as a 21
507	507	felony; 22
508	508	(ii) a crime in which the minor employed a deadly 23
509	509	weapon, as that term is defined in AS 11.81.900(b), in committing the 24
510	510	crime; 25
511	511	(iii) arson under AS 11.46.400 - 11.46.410; 26
512	512	(iv) burglary under AS 11.46.300; 27
513	513	(v) distribution of child sexual abuse material under 28
514	514	AS 11.61.125; 29
515	515	(vi) sex trafficking in the first degree under 30
516	516	AS 11.66.110; 31 34-LS0334\A
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519	519
520	520	(vii) distribution of generated obscene child sexual 1
521	521	abuse material under AS 11.61.121; or 2
522	522	(viii) [OR (vii)] misconduct involving a controlled 3
523	523	substance under AS 11.71 involving the delivery of a controlled 4
524	524	substance or the possession of a controlled substance with intent to 5
525	525	deliver, other than an offense under AS 11.71.040 or 11.71.050; or 6
526	526	(C) the minor's alleged commission of a felony and the minor 7
527	527	was 16 years of age or older at the time of commission of the offense when the 8
528	528	minor has previously been convicted or adjudicated a delinquent minor based 9
529	529	on the minor's commission of an offense that is a felony; or 10
530	530	(2) the minor agrees to a public hearing on the petition seeking 11
531	531	adjudication of the minor as a delinquent. 12
532	532	* Sec. 20. AS 47.12.315(a) is amended to read: 13
533	533	(a) Notwithstanding AS 47.12.310 and except as otherwise provided in this 14
534	534	section, the department shall disclose information to the public, on request, concerning 15
535	535	a minor subject to this chapter who was at least 13 years of age at the time of 16
536	536	commission of 17
537	537	(1) a felony offense against a person under AS 11.41; 18
538	538	(2) arson in the first or second degree; 19
539	539	(3) burglary in the first degree; 20
540	540	(4) distribution of child sexual abuse material; 21
541	541	(5) sex trafficking in the first degree; 22
542	542	(6) misconduct involving a controlled substance in the first, second, or 23
543	543	third degrees involving distribution or possession with intent to deliver; [OR] 24
544	544	(7) misconduct involving weapons in the first through fourth degrees; 25
545	545	or 26
546	546	(8) distribution of generated obscene child sexual abuse material 27
547	547	under AS 11.61.121. 28
548	548	* Sec. 21. The uncodified law of the State of Alaska is amended by adding a new section to 29
549	549	read: 30
550	550	APPLICABILITY. (a) The following sections apply to offenses committed on or after 31 34-LS0334\A
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553	553
554	554	the effective date of those sections: 1
555	555	(1) AS 11.61.120(a), as amended by sec. 1 of this Act; 2
556	556	(2) AS 11.61.127(a), as amended by sec. 3 of this Act; 3
557	557	(3) AS 11.61.127(b), as amended by sec. 4 of this Act; 4
558	558	(4) AS 11.61.127(f), as amended by sec. 5 of this Act; 5
559	559	(5) AS 11.61.129(a), as amended by sec. 6 of this Act; and 6
560	560	(6) AS 11.66.100(c), as amended by sec. 7 of this Act. 7
561	561	(b) The following sections apply to sentences imposed on or after the effective date of 8
562	562	those sections for conduct occurring on or after the effective date of those sections: 9
563	563	(1) AS 12.55.078(f), as amended by sec. 9 of this Act; 10
564	564	(2) AS 12.55.085(f), as amended by sec. 10 of this Act; 11
565	565	(3) AS 12.55.125(i), as amended by sec. 12 of this Act; 12
566	566	(4) AS 12.55.185(16), as amended by sec. 14 of this Act; 13
567	567	(5) AS 12.62.900(22), as amended by sec. 15 of this Act; 14
568	568	(6) AS 14.20.030(b), as amended by sec. 16 of this Act. 15