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HOUSE BILL NO. 47
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FOURTH LEGISLATURE - FIRST SESSION
BY REPRESENTATIVE VANCE
Introduced: 1/17/25
Referred: Prefiled
A BILL
FOR AN ACT ENTITLED
"An Act relating to crime and criminal procedure; relating to generated obscene child 1
sexual abuse material; relating to the powers of district judges and magistrates; relating 2
to teaching certificates; and relating to licensing of school bus drivers." 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4
* Section 1. AS 11.61.120(a) is amended to read: 5
(a) A person commits the crime of harassment in the second degree if, with 6
intent to harass or annoy another person, that person 7
(1) insults, taunts, or challenges another person in a manner likely to 8
provoke an immediate violent response; 9
(2) telephones another and fails to terminate the connection with intent 10
to impair the ability of that person to place or receive telephone calls; 11
(3) makes repeated telephone calls at extremely inconvenient hours; 12
(4) makes an anonymous or obscene telephone call, an obscene 13
electronic communication, or a telephone call or electronic communication that 14 34-LS0334\A
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threatens physical injury or sexual contact; 1
(5) subjects another person to offensive physical contact; 2
(6) except as provided in AS 11.61.116, publishes or distributes 3
electronic or printed photographs, pictures, or films that show the genitals, anus, or 4
female breast of the other person or show that person engaged in a sexual act; 5
(7) repeatedly sends or publishes an electronic communication that 6
insults, taunts, challenges, or intimidates a person under 18 years of age in a manner 7
that places the person in reasonable fear of physical injury; or 8
(8) under circumstances not proscribed under AS 11.41.455, 9
AS 11.61.121, 11.61.125 [AS 11.61.125], or 11.61.128, repeatedly sends to another 10
person, publishes, or distributes electronic or printed photographs, pictures, or films 11
that show the genitals of any person. 12
* Sec. 2. AS 11.61 is amended by adding new sections to read: 13
Sec. 11.61.121. Distribution of generated obscene child sexual abuse 14
material. (a) A person commits the crime of distribution of generated obscene child 15
sexual abuse material if the person distributes in this state or advertises, promotes, 16
solicits, or offers to distribute in this state any material that is proscribed under 17
AS 11.61.122. 18
(b) The possession of 100 or more films, audio, video, electronic, or 19
electromagnetic recordings, photographs, negatives, slides, books, newspapers, 20
magazines, or other materials, including a combination of these items totaling 100 or 21
more, is prima facie evidence of distribution and intent to distribute under (a) of this 22
section. 23
(c) In this section, "distribution" includes the following, whether or not for 24
monetary or other consideration: delivering, selling, renting, leasing, lending, giving, 25
circulating, exhibiting, presenting, providing, exchanging, placing on a computer 26
network or computer system, and providing billing collection, or other ancillary 27
services for or otherwise supporting these activities. 28
(d) Distribution of generated obscene child sexual abuse material is a 29
(1) class B felony; or 30
(2) class A felony if the person has been previously convicted of 31 34-LS0334\A
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distribution of generated obscene child sexual abuse material in this jurisdiction or a 1
similar crime in this or another jurisdiction. 2
Sec. 11.61.122. Possession of generated obscene child sexual abuse 3
material. (a) A person commits the crime of possession of generated obscene child 4
sexual abuse material if the person knowingly possesses or knowingly accesses on a 5
computer with intent to view any material that 6
(1) the average person, applying contemporary community standards, 7
would find, when considered as a whole, appeals to the prurient interest; 8
(2) depicts, in a patently offensive way, a child under 18 years of age 9
who, by manipulation, creation, or modification, appears to be engaged in conduct 10
described in AS 11.41.455(a); and 11
(3) when considered as a whole, lacks serious literary, artistic, 12
political, or scientific value. 13
(b) This section does not apply to an employee of an interactive computer 14
service, Internet service provider, cloud service provider, or telecommunications 15
network who, while acting in the scope of employment, possesses or accesses the 16
material described in (a) of this section solely to prevent, detect, report, or otherwise 17
respond to the production, generation, manipulation, or modification of the material. 18
In this subsection, "interactive computer service" has the meaning given in 19
AS 11.61.127(b). 20
(c) In this section, "computer" has the meaning given in AS 11.46.990. 21
(d) Possession of generated obscene child sexual abuse material is a class C 22
felony. 23
* Sec. 3. AS 11.61.127(a) is amended to read: 24
(a) A person commits the crime of possession of child sexual abuse material if 25
the person knowingly possesses or knowingly accesses on a computer with intent to 26
view any material that visually depicts conduct described in AS 11.41.455(a) knowing 27
that the 28
(1) production of the material involved the use of a child under 18 29
years of age who engaged in the conduct; or 30
(2) material depicts [A DEPICTION OF] a part of an actual child 31 34-LS0334\A
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under 18 years of age, or is a representation that is indistinguishable from an 1
identifiable child under 18 years of age, who, by manipulation, creation, or 2
modification, appears to be engaged in the conduct. 3
* Sec. 4. AS 11.61.127(b) is amended to read: 4
(b) This section does not apply to 5
(1) persons providing plethysmograph assessments in the course of a 6
sex offender treatment program that meets the minimum standards under 7
AS 33.30.011(a)(5); or 8
(2) an employee of an interactive computer service, Internet 9
service provider, cloud service provider, or telecommunications network who, 10
while acting in the scope of employment, possesses or accesses the material 11
described in (a) of this section solely to prevent, detect, report, or otherwise 12
respond to the production, generation, manipulation, or modification of the 13
material; in this paragraph, "interactive computer service" means an 14
information service, system, or access software provider that provides or enables 15
computer access by multiple users to a computer server, including specifically a 16
service or system that provides access to the Internet and those systems operated 17
or services offered by libraries or educational institutions. 18
* Sec. 5. AS 11.61.127(f) is amended to read: 19
(f) In this section, 20
(1) "computer" has the meaning given in AS 11.46.990; 21
(2) "identifiable child" means an individual who is recognizable as 22
an actual child by the child's face, likeness, or other distinguishing 23
characteristics, regardless of whether the individual depicted is no longer under 24
18 years of age. 25
* Sec. 6. AS 11.61.129(a) is amended to read: 26
(a) Property used to aid a violation of AS 11.61.121 - 11.61.128 27
[AS 11.61.123 - 11.61.128] or to aid the solicitation of, attempt to commit, or 28
conspiracy to commit a violation of AS 11.61.121 - 11.61.128 [AS 11.61.123 - 29
11.61.128] may be forfeited to the state upon the conviction of the offender. 30
* Sec. 7. AS 11.66.100(c) is amended to read: 31 34-LS0334\A
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(c) A person may not be prosecuted under (a)(1) of this section if the 1
(1) person witnessed or was a victim of, and reported to law 2
enforcement in good faith, one or more of the following crimes: 3
(A) murder in the first degree under AS 11.41.100; 4
(B) murder in the second degree under AS 11.41.110; 5
(C) manslaughter under AS 11.41.120; 6
(D) criminally negligent homicide under AS 11.41.130; 7
(E) assault in the first degree under AS 11.41.200; 8
(F) assault in the second degree under AS 11.41.210; 9
(G) assault in the third degree under AS 11.41.220; 10
(H) assault in the fourth degree under AS 11.41.230; 11
(I) sexual assault in the first degree under AS 11.41.410; 12
(J) sexual assault in the second degree under AS 11.41.420; 13
(K) sexual assault in the third degree under AS 11.41.425; 14
(L) sexual assault in the fourth degree under AS 11.41.427; 15
(M) sexual abuse of a minor in the first degree under 16
AS 11.41.434; 17
(N) sexual abuse of a minor in the second degree under 18
AS 11.41.436; 19
(O) sexual abuse of a minor in the third degree under 20
AS 11.41.438; 21
(P) sexual abuse of a minor in the fourth degree under 22
AS 11.41.440; 23
(Q) robbery in the first degree under AS 11.41.500; 24
(R) robbery in the second degree under AS 11.41.510; 25
(S) extortion under AS 11.41.520; 26
(T) coercion under AS 11.41.530; 27
(U) distribution of child sexual abuse material under 28
AS 11.61.125; 29
(V) possession of child sexual abuse material under 30
AS 11.61.127; 31 34-LS0334\A
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(W) sex trafficking in the first degree under AS 11.66.110; 1
(X) sex trafficking in the second degree under AS 11.66.120; 2
(Y) sex trafficking in the third degree under AS 11.66.130; 3
[OR] 4
(Z) sex trafficking in the fourth degree under AS 11.66.135; 5
(AA) distribution of generated obscene child sexual abuse 6
material under AS 11.61.121; or 7
(BB) possession of generated obscene child sexual abuse 8
material under AS 11.61.122; 9
(2) evidence supporting the prosecution under (a)(1) of this section 10
was obtained or discovered as a result of the person reporting the crime to law 11
enforcement; and 12
(3) person cooperated with law enforcement personnel. 13
* Sec. 8. AS 12.10.010(a) is amended to read: 14
(a) Prosecution for the following offenses may be commenced at any time: 15
(1) murder; 16
(2) attempt, solicitation, or conspiracy to commit murder or hindering 17
the prosecution of murder; 18
(3) felony sexual abuse of a minor; 19
(4) sexual assault that is an unclassified, class A, or class B felony or a 20
violation of AS 11.41.425(a)(2) - (4); 21
(5) a violation of AS 11.41.425, 11.41.427, 11.41.450 - 11.41.458, 22
AS 11.66.110 - 11.66.130, or former AS 11.41.430, when committed against a person 23
who, at the time of the offense, was under 18 years of age; 24
(6) kidnapping; 25
(7) distribution of generated obscene child sexual abuse material in 26
violation of AS 11.61.121 or distribution of child sexual abuse material in violation of 27
AS 11.61.125; 28
(8) sex trafficking in violation of AS 11.66.110 - 11.66.130 that is an 29
unclassified, class A, or class B felony or that is committed against a person who, at 30
the time of the offense, was under 20 years of age; 31 34-LS0334\A
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(9) human trafficking in violation of AS 11.41.360 or 11.41.365. 1
* Sec. 9. AS 12.55.078(f) is amended to read: 2
(f) The court may not suspend the imposition or entry of judgment and may 3
not defer prosecution under this section of a person who 4
(1) is charged with a violation of AS 11.41.100 - 11.41.220, 11.41.260 5
- 11.41.320, 11.41.360 - 11.41.370, 11.41.410 - 11.41.530, AS 11.46.400, 6
AS 11.61.121, 11.61.122, 11.61.125 - 11.61.128 [AS 11.61.125 - 11.61.128], or 7
AS 11.66.110 - 11.66.135; 8
(2) uses a firearm in the commission of the offense for which the 9
person is charged; 10
(3) has previously been granted a suspension of judgment under this 11
section or a similar statute in another jurisdiction, unless the court enters written 12
findings that by clear and convincing evidence the person's prospects for rehabilitation 13
are high and suspending judgment under this section adequately protects the victim of 14
the offense, if any, and the community; 15
(4) is charged with a violation of AS 11.41.230, 11.41.250, or a felony 16
and the person has one or more prior convictions for a misdemeanor violation of 17
AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction 18
having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a 19
felony in this state; for the purposes of this paragraph, a person shall be considered to 20
have a prior conviction even if 21
(A) the charges were dismissed under this section; 22
(B) the conviction has been set aside under AS 12.55.085; or 23
(C) the charge or conviction was dismissed or set aside under 24
an equivalent provision of the laws of another jurisdiction; or 25
(5) is charged with a crime involving domestic violence, as defined in 26
AS 18.66.990. 27
* Sec. 10. AS 12.55.085(f) is amended to read: 28
(f) The court may not suspend the imposition of sentence of a person who 29
(1) is convicted of a violation of AS 11.41.100 - 11.41.220, 11.41.260 30
- 11.41.320, 11.41.360 - 11.41.370, 11.41.410 - 11.41.530, AS 11.46.400, 31 34-LS0334\A
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AS 11.61.121, 11.61.122, 11.61.125 - 11.61.128 [AS 11.61.125 - 11.61.128], or 1
AS 11.66.110 - 11.66.135; 2
(2) uses a firearm in the commission of the offense for which the 3
person is convicted; or 4
(3) is convicted of a violation of AS 11.41.230 - 11.41.250 or a felony 5
and the person has one or more prior convictions for a misdemeanor violation of 6
AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction 7
having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a 8
felony in this state; for the purposes of this paragraph, a person shall be considered to 9
have a prior conviction even if that conviction has been set aside under (e) of this 10
section or under the equivalent provision of the laws of another jurisdiction. 11
* Sec. 11. AS 12.55.100(e) is amended to read: 12
(e) In addition to other conditions imposed on the defendant, while on 13
probation and as a condition of probation 14
(1) for a sex offense, as described in AS 12.63.100, the defendant 15
(A) shall be required to submit to regular periodic polygraph 16
examinations; 17
(B) may be required to provide each electronic mail address, 18
instant messaging address, and other Internet communication identifier that the 19
defendant uses to the defendant's probation officer; the probation officer shall 20
forward those addresses and identifiers to the Alaska state troopers and to the 21
local law enforcement agency; 22
(2) if the defendant was convicted of a violation of AS 11.41.434 - 23
11.41.455, AS 11.61.121, 11.61.122, 11.61.125 - 11.61.128 [AS 11.61.125 - 24
11.61.128], or a similar offense in another jurisdiction, the defendant may be required 25
to refrain from 26
(A) using or creating an Internet site; 27
(B) communicating with children under 16 years of age; 28
(C) possessing or using a computer; or 29
(D) residing within 500 feet of school grounds; in this 30
subparagraph, "school grounds" has the meaning given in AS 11.71.900. 31 34-LS0334\A
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* Sec. 12. AS 12.55.125(i) is amended to read: 1
(i) A defendant convicted of 2
(1) sexual assault in the first degree under AS 11.41.410(a)(1)(A), (2), 3
(3), or (4), sexual abuse of a minor in the first degree, unlawful exploitation of a minor 4
under AS 11.41.455(c)(2), or sex trafficking in the first degree under 5
AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 6
than 99 years and shall be sentenced to a definite term within the following 7
presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 8
(A) if the offense is a first felony conviction, the offense does 9
not involve circumstances described in (B) of this paragraph, and the victim 10
was 11
(i) less than 13 years of age, 25 to 35 years; 12
(ii) 13 years of age or older, 20 to 30 years; 13
(B) if the offense is a first felony conviction and the defendant 14
possessed a firearm, used a dangerous instrument, or caused serious physical 15
injury during the commission of the offense, 25 to 35 years; 16
(C) if the offense is a second felony conviction and does not 17
involve circumstances described in (D) of this paragraph, 30 to 40 years; 18
(D) if the offense is a second felony conviction and the 19
defendant has a prior conviction for a sexual felony, 35 to 45 years; 20
(E) if the offense is a third felony conviction and the defendant 21
is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 22
to 60 years; 23
(F) if the offense is a third felony conviction, the defendant is 24
not subject to sentencing under (l) of this section, and the defendant has two 25
prior convictions for sexual felonies, 99 years; 26
(2) sexual assault in the first degree under AS 11.41.410(a)(1)(B), 27
unlawful exploitation of a minor under AS 11.41.455(c)(1), enticement of a minor 28
under AS 11.41.452(e), or attempt, conspiracy, or solicitation to commit sexual assault 29
in the first degree under AS 11.41.410(a)(1)(A), (2), (3), or (4), sexual abuse of a 30
minor in the first degree, or sex trafficking in the first degree under 31 34-LS0334\A
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AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 1
than 99 years and shall be sentenced to a definite term within the following 2
presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 3
(A) if the offense is a first felony conviction, the offense does 4
not involve circumstances described in (B) of this paragraph, and the victim 5
was 6
(i) under 13 years of age, 20 to 30 years; 7
(ii) 13 years of age or older, 15 to 30 years; 8
(B) if the offense is a first felony conviction and the defendant 9
possessed a firearm, used a dangerous instrument, or caused serious physical 10
injury during the commission of the offense, 25 to 35 years; 11
(C) if the offense is a second felony conviction and does not 12
involve circumstances described in (D) of this paragraph, 25 to 35 years; 13
(D) if the offense is a second felony conviction and the 14
defendant has a prior conviction for a sexual felony, 30 to 40 years; 15
(E) if the offense is a third felony conviction, the offense does 16
not involve circumstances described in (F) of this paragraph, and the defendant 17
is not subject to sentencing under (l) of this section, 35 to 50 years; 18
(F) if the offense is a third felony conviction, the defendant is 19
not subject to sentencing under (l) of this section, and the defendant has two 20
prior convictions for sexual felonies, 99 years; 21
(3) sexual assault in the second degree, sexual abuse of a minor in the 22
second degree, enticement of a minor under AS 11.41.452(d), indecent exposure in the 23
first degree under AS 11.41.458(b)(2), distribution of generated obscene child 24
sexual abuse material under AS 11.61.121(d)(2), distribution of child sexual abuse 25
material under AS 11.61.125(e)(2), patron of a victim of sex trafficking under 26
AS 11.66.137, or attempt, conspiracy, or solicitation to commit sexual assault in the 27
first degree under AS 11.41.410(a)(1)(B) may be sentenced to a definite term of 28
imprisonment of not more than 99 years and shall be sentenced to a definite term 29
within the following presumptive ranges, subject to adjustment as provided in 30
AS 12.55.155 - 12.55.175: 31 34-LS0334\A
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(A) if the offense is a first felony conviction, five to 15 years; 1
(B) if the offense is a second felony conviction and does not 2
involve circumstances described in (C) of this paragraph, 10 to 25 years; 3
(C) if the offense is a second felony conviction and the 4
defendant has a prior conviction for a sexual felony, 15 to 30 years; 5
(D) if the offense is a third felony conviction and does not 6
involve circumstances described in (E) of this paragraph, 20 to 35 years; 7
(E) if the offense is a third felony conviction and the defendant 8
has two prior convictions for sexual felonies, 99 years; 9
(4) sexual assault in the third degree, sexual abuse of a minor in the 10
third degree under AS 11.41.438(c), incest, indecent exposure in the first degree under 11
AS 11.41.458(b)(1), distribution of generated obscene child sexual abuse material 12
under AS 11.61.121(d)(1), possession of generated obscene child sexual abuse 13
material, indecent viewing or production of a picture under AS 11.61.123(g)(1) or 14
(2), possession of child sexual abuse material, distribution of child sexual abuse 15
material under AS 11.61.125(e)(1), patron of a victim of sex trafficking under 16
AS 11.66.137, or attempt, conspiracy, or solicitation to commit sexual assault in the 17
second degree, sexual abuse of a minor in the second degree, distribution of 18
generated obscene child sexual abuse material, unlawful exploitation of a minor, 19
distribution of child sexual abuse material under AS 11.61.125(e)(2), or patron of a 20
victim of sex trafficking under AS 11.66.137, may be sentenced to a definite term of 21
imprisonment of not more than 99 years and shall be sentenced to a definite term 22
within the following presumptive ranges, subject to adjustment as provided in 23
AS 12.55.155 - 12.55.175: 24
(A) if the offense is a first felony conviction and does not 25
involve the circumstances described in (B) or (C) of this paragraph, two to 12 26
years; 27
(B) if the offense is a first felony conviction under 28
AS 11.61.121(d)(1) or 11.61.125(e)(1) [AS 11.61.125(e)(1)] and does not 29
involve circumstances described in (C) of this paragraph, four to 12 years; 30
(C) if the offense is a first felony conviction under 31 34-LS0334\A
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AS 11.61.121(d)(1) or 11.61.125(e)(1) [AS 11.61.125(e)(1)], and the 1
defendant hosted, created, or helped host or create a mechanism for multi-party 2
sharing or distribution of generated obscene child sexual abuse material or 3
child sexual abuse material, or received a financial benefit or had a financial 4
interest in a generated obscene child sexual abuse material or child sexual 5
abuse material sharing or distribution mechanism, six to 14 years; 6
(D) if the offense is a second felony conviction and does not 7
involve circumstances described in (E) of this paragraph, eight to 15 years; 8
(E) if the offense is a second felony conviction and the 9
defendant has a prior conviction for a sexual felony, 12 to 20 years; 10
(F) if the offense is a third felony conviction and does not 11
involve circumstances described in (G) of this paragraph, 15 to 25 years; 12
(G) if the offense is a third felony conviction and the defendant 13
has two prior convictions for sexual felonies, 99 years. 14
* Sec. 13. AS 12.55.127(d) is amended to read: 15
(d) If the defendant is being sentenced for two or more crimes of distribution 16
of generated obscene child sexual abuse material under AS 11.61.121, possession 17
of generated obscene child sexual abuse material under AS 11.61.122, distribution 18
of child sexual abuse material under AS 11.61.125, possession of child sexual abuse 19
material under AS 11.61.127, or distribution of indecent material to minors under 20
AS 11.61.128, a consecutive term of imprisonment shall be imposed for some 21
additional term of imprisonment for each additional crime or each additional attempt 22
or solicitation to commit the offense. 23
* Sec. 14. AS 12.55.185(16) is amended to read: 24
(16) "sexual felony" means sexual assault in the first degree, sexual 25
abuse of a minor in the first degree, sex trafficking in the first degree, sexual assault in 26
the second degree, sexual abuse of a minor in the second degree, sexual abuse of a 27
minor in the third degree under AS 11.41.438(c), unlawful exploitation of a minor, 28
patron of a victim of sex trafficking, distribution of generated obscene child sexual 29
abuse material, possession of generated obscene child sexual abuse material, 30
indecent viewing or production of a picture under AS 11.61.123(g)(1) or (2), 31 34-LS0334\A
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distribution of child sexual abuse material, sexual assault in the third degree, incest, 1
indecent exposure in the first degree, possession of child sexual abuse material, 2
enticement of a minor, and felony attempt, conspiracy, or solicitation to commit those 3
crimes; 4
* Sec. 15. AS 12.62.900(22) is amended to read: 5
(22) "serious offense" means a conviction for a violation or for an 6
attempt, solicitation, or conspiracy to commit a violation of any of the following laws, 7
or of the laws of another jurisdiction with substantially similar elements: 8
(A) a felony offense; 9
(B) a crime involving domestic violence; 10
(C) AS 11.41.410 - 11.41.470; 11
(D) AS 11.51.130, 11.51.200 - 11.51.220, or AS 11.56.100 - 12
11.56.210 [OR 11.51.200 - 11.56.210]; 13
(E) AS 11.61.110(a)(7), 11.61.121, or 11.61.125; 14
(F) AS 11.66.100 - 11.66.130; 15
(G) former AS 11.15.120, former 11.15.134, or assault with the 16
intent to commit rape under former AS 11.15.160; or 17
(H) former AS 11.40.080, 11.40.110, 11.40.130, or 11.40.200 - 18
11.40.420, if committed before January 1, 1980. 19
* Sec. 16. AS 14.20.030(b) is amended to read: 20
(b) The commissioner or the Professional Teaching Practices Commission 21
shall revoke for life the certificate of a person who has been convicted of a crime, or 22
an attempt, solicitation, or conspiracy to commit a crime, involving a minor under 23
AS 11.41.410 - 11.41.460, AS 11.61.121, 11.61.122, 11.61.125 [AS 11.61.125], or 24
11.61.127, or a law or ordinance in another jurisdiction with elements similar to an 25
offense described in this subsection. 26
* Sec. 17. AS 28.15.046(c) is amended to read: 27
(c) The department may not issue a license under this section to an applicant 28
(1) who has been convicted of any of the following offenses: 29
(A) a violation, or an attempt, solicitation, or conspiracy to 30
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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11.41.360 - 11.41.370, 11.41.410 - 11.41.470, or 11.41.500 - 11.41.530; 1
(B) a felony violation of endangering the welfare of a child in 2
the first degree under AS 11.51.100; 3
(C) felony indecent viewing or production of a picture under 4
AS 11.61.123; 5
(D) distribution of child sexual abuse material under 6
AS 11.61.125; 7
(E) possession of child sexual abuse material under 8
AS 11.61.127; 9
(F) distribution of indecent material to minors under 10
AS 11.61.128; 11
(G) patron of a victim of sex trafficking under AS 11.66.137; 12
(H) sex trafficking in the first, second, or third degree under 13
AS 11.66.110 - 11.66.130; 14
(I) a felony involving distribution of a controlled substance 15
under AS 11.71 or imitation controlled substance under AS 11.73; 16
(J) a felony violation under AS 28.35.030(n) or 28.35.032(p); 17
(K) distribution of generated obscene child sexual abuse 18
material under AS 11.61.121; 19
(L) possession of generated obscene child sexual abuse 20
material under AS 11.61.122; or 21
(2) who has been convicted of any of the following offenses and less 22
than two years have elapsed since the applicant's date of conviction for the offense: 23
(A) assault in the fourth degree under AS 11.41.230; 24
(B) reckless endangerment under AS 11.41.250; 25
(C) contributing to the delinquency of a minor under 26
AS 11.51.130; 27
(D) misdemeanor prostitution under AS 11.66.100(a)(2); 28
(E) a misdemeanor violation of endangering the welfare of a 29
child in the first degree under AS 11.51.100. 30
* Sec. 18. AS 44.23.080(a) is amended to read: 31 34-LS0334\A
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(a) If there is reasonable cause to believe that an Internet service account has 1
been used in connection with a violation of AS 11.41.452, 11.41.455, or 2
AS 11.61.121, 11.61.122, or 11.61.125 - 11.61.128 [AS 11.61.125 - 11.61.128], and 3
that the identity, address, and other information about the account owner will assist in 4
obtaining evidence that is relevant to the offense, a law enforcement officer may apply 5
to the attorney general or the attorney general's designee for an administrative 6
subpoena to obtain the business records of the Internet service provider located inside 7
or outside of the state. 8
* Sec. 19. AS 47.12.110(d) is amended to read: 9
(d) Notwithstanding (a) of this section, a court hearing on a petition seeking 10
the adjudication of a minor as a delinquent shall be open to the public, except as 11
prohibited or limited by order of the court, if 12
(1) the department files with the court a motion asking the court to 13
open the hearing to the public, and the petition seeking adjudication of the minor as a 14
delinquent is based on 15
(A) the minor's alleged commission of an offense, and the 16
minor has knowingly failed to comply with all the terms and conditions 17
required of the minor by the department or imposed on the minor in a court 18
order entered under AS 47.12.040(a)(2) or 47.12.120; 19
(B) the minor's alleged commission of 20
(i) a crime against a person that is punishable as a 21
felony; 22
(ii) a crime in which the minor employed a deadly 23
weapon, as that term is defined in AS 11.81.900(b), in committing the 24
crime; 25
(iii) arson under AS 11.46.400 - 11.46.410; 26
(iv) burglary under AS 11.46.300; 27
(v) distribution of child sexual abuse material under 28
AS 11.61.125; 29
(vi) sex trafficking in the first degree under 30
AS 11.66.110; 31 34-LS0334\A
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(vii) distribution of generated obscene child sexual 1
abuse material under AS 11.61.121; or 2
(viii) [OR (vii)] misconduct involving a controlled 3
substance under AS 11.71 involving the delivery of a controlled 4
substance or the possession of a controlled substance with intent to 5
deliver, other than an offense under AS 11.71.040 or 11.71.050; or 6
(C) the minor's alleged commission of a felony and the minor 7
was 16 years of age or older at the time of commission of the offense when the 8
minor has previously been convicted or adjudicated a delinquent minor based 9
on the minor's commission of an offense that is a felony; or 10
(2) the minor agrees to a public hearing on the petition seeking 11
adjudication of the minor as a delinquent. 12
* Sec. 20. AS 47.12.315(a) is amended to read: 13
(a) Notwithstanding AS 47.12.310 and except as otherwise provided in this 14
section, the department shall disclose information to the public, on request, concerning 15
a minor subject to this chapter who was at least 13 years of age at the time of 16
commission of 17
(1) a felony offense against a person under AS 11.41; 18
(2) arson in the first or second degree; 19
(3) burglary in the first degree; 20
(4) distribution of child sexual abuse material; 21
(5) sex trafficking in the first degree; 22
(6) misconduct involving a controlled substance in the first, second, or 23
third degrees involving distribution or possession with intent to deliver; [OR] 24
(7) misconduct involving weapons in the first through fourth degrees; 25
or 26
(8) distribution of generated obscene child sexual abuse material 27
under AS 11.61.121. 28
* Sec. 21. The uncodified law of the State of Alaska is amended by adding a new section to 29
read: 30
APPLICABILITY. (a) The following sections apply to offenses committed on or after 31 34-LS0334\A
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the effective date of those sections: 1
(1) AS 11.61.120(a), as amended by sec. 1 of this Act; 2
(2) AS 11.61.127(a), as amended by sec. 3 of this Act; 3
(3) AS 11.61.127(b), as amended by sec. 4 of this Act; 4
(4) AS 11.61.127(f), as amended by sec. 5 of this Act; 5
(5) AS 11.61.129(a), as amended by sec. 6 of this Act; and 6
(6) AS 11.66.100(c), as amended by sec. 7 of this Act. 7
(b) The following sections apply to sentences imposed on or after the effective date of 8
those sections for conduct occurring on or after the effective date of those sections: 9
(1) AS 12.55.078(f), as amended by sec. 9 of this Act; 10
(2) AS 12.55.085(f), as amended by sec. 10 of this Act; 11
(3) AS 12.55.125(i), as amended by sec. 12 of this Act; 12
(4) AS 12.55.185(16), as amended by sec. 14 of this Act; 13
(5) AS 12.62.900(22), as amended by sec. 15 of this Act; 14
(6) AS 14.20.030(b), as amended by sec. 16 of this Act. 15