00 CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 5(JUD)                                                                  
01 "An Act relating to the crime of misprision of felony."                                                                 
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
03    * Section 1.  AS 11.56 is amended by adding a new section to read:                                                 
04  Sec. 11.56.765.  Misprision of felony.  (a)  A person, other than the victim,                                       
05 commits the crime of misprision of felony if the person witnesses the commission by                                     
06 another of murder in the first degree, murder in the second degree, kidnapping, sexual                                  
07 assault in the first degree, sexual abuse of a minor in the first degree, or arson in the                               
08 first degree or has knowledge of the actual commission by another of murder in the                                      
09 first degree, murder in the second degree, kidnapping, sexual assault in the first degree,                              
10 sexual abuse of a minor in the first degree, or arson in the first degree and does not                                  
11 in a timely manner report that crime to a peace officer or law enforcement agency.                                      
12  (b)  In a prosecution under this section,                                                                             
13   (1)  it is an affirmative defense that the defendant did not report in a                                             
14 timely manner because the defendant reasonably believed that doing so would have                                        
01 exposed the defendant to a substantial risk of physical injury;                                                         
02   (2)  the state does not have to prove that the defendant knew the degree                                             
03 of the crime not reported.                                                                                              
04  (c)  Misprision of felony is a class A misdemeanor.