00 HOUSE BILL NO. 148 01 "An Act relating to trafficking of persons." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03  * Section 1. AS 11.41 is amended by adding a new section to read: 04 Sec. 11.41.350. Trafficking of persons. (a) A person commits the crime of 05 trafficking of persons if the person 06 (1) recruits, harbors, transports, provides, or obtains by any means 07 another person knowing that force, fraud, or coercion will be used to cause the person 08 to engage in forced labor, sexual conduct, or involuntary servitude; or 09 (2) benefits financially or by receiving anything of value from 10 participation in a venture under (1) of this subsection. 11 (b) In this section, 12 (1) "forced labor or involuntary servitude" means a condition of 13 servitude induced by means of 14 (A) any scheme, plan, or pattern of behavior intended to cause 15 a person to believe that, if the person does not enter into or continue the 01 servitude, such person or another person will suffer serious physical injury or 02 physical restraint; or 03 (B) the abuse or threatened abuse of the legal process; 04 (2) "sexual conduct" has the meaning given in AS 11.66.150. 05 (c) Trafficking of person is an unclassified felony. 06  * Sec. 2. AS 11.81.250(a) is amended to read: 07 (a) For purposes of sentencing under AS 12.55, all offenses defined in this 08 title, except murder in the first and second degree, attempted murder in the first 09 degree, solicitation to commit murder in the first degree, conspiracy to commit murder 10 in the first degree, sexual assault in the first degree, sexual abuse of a minor in the first 11 degree, misconduct involving a controlled substance in the first degree, trafficking of  12 persons, and kidnapping, are classified on the basis of their seriousness, according to 13 the type of injury characteristically caused or risked by commission of the offense and 14 the culpability of the offender. Except for murder in the first and second degree, 15 attempted murder in the first degree, solicitation to commit murder in the first degree, 16 conspiracy to commit murder in the first degree, sexual assault in the first degree, 17 sexual abuse of a minor in the first degree, misconduct involving a controlled 18 substance in the first degree, trafficking of persons, and kidnapping, the offenses in 19 this title are classified into the following categories: 20 (1) class A felonies, which characteristically involve conduct resulting 21 in serious physical injury or a substantial risk of serious physical injury to a person; 22 (2) class B felonies, which characteristically involve conduct resulting 23 in less severe violence against a person than class A felonies, aggravated offenses 24 against property interests, or aggravated offenses against public administration or 25 order; 26 (3) class C felonies, which characteristically involve conduct serious 27 enough to deserve felony classification but not serious enough to be classified as A or 28 B felonies; 29 (4) class A misdemeanors, which characteristically involve less severe 30 violence against a person, less serious offenses against property interests, less serious 31 offenses against public administration or order, or less serious offenses against public 01 health and decency than felonies; 02 (5) class B misdemeanors, which characteristically involve a minor 03 risk of physical injury to a person, minor offenses against property interests, minor 04 offenses against public administration or order, or minor offenses against public health 05 and decency; 06 (6) violations, which characteristically involve conduct inappropriate 07 to an orderly society but which do not denote criminality in their commission. 08  * Sec. 3. AS 11.81.250(b) is amended to read: 09 (b) The classification of each felony defined in this title, except murder in the 10 first and second degree, attempted murder in the first degree, solicitation to commit 11 murder in the first degree, conspiracy to commit murder in the first degree, sexual 12 assault in the first degree, sexual abuse of a minor in the first degree, misconduct 13 involving a controlled substance in the first degree, trafficking of persons, and 14 kidnapping, is designated in the section defining it. A felony under Alaska law defined 15 outside this title for which no penalty is specifically provided is a class C felony. 16  * Sec. 4. AS 12.55.125(b) is amended to read: 17 (b) A defendant convicted of attempted murder in the first degree, solicitation 18 to commit murder in the first degree, conspiracy to commit murder in the first degree, 19 kidnapping, trafficking of persons, or misconduct involving a controlled substance in 20 the first degree shall be sentenced to a definite term of imprisonment of at least five 21 years but not more than 99 years. A defendant convicted of murder in the second 22 degree shall be sentenced to a definite term of imprisonment of at least 10 years but 23 not more than 99 years. A defendant convicted of murder in the second degree shall 24 be sentenced to a definite term of imprisonment of at least 20 years but not more than 25 99 years when the defendant is convicted of the murder of a child under 16 years of 26 age and the court finds by clear and convincing evidence that the defendant (1) was a 27 natural parent, a stepparent, an adopted parent, a legal guardian, or a person occupying 28 a position of authority in relation to the child; or (2) caused the death of the child by 29 committing a crime against a person under AS 11.41.200 - 11.41.530. In this 30 subsection, "legal guardian" and "position of authority" have the meanings given in 31 AS 11.41.470. 01  * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 APPLICABILITY. This Act applies to offenses committed on or after the effective 04 date of this Act.