00 CS FOR HOUSE BILL NO. 307(JUD) 01 "An Act requiring a person who commits certain offenses under the code of military 02 justice to register as a sex offender or child kidnapper; relating to the Servicemembers 03 Civil Relief Act; relating to contracts made by servicemembers; relating to nonjudicial 04 punishment of members of the organized militia; relating to offenses subject to court- 05 martial proceedings; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07  * Section 1. AS 12.63.100(1) is amended to read: 08 (1) "aggravated sex offense" means 09 (A) a crime under AS 11.41.100(a)(3), or a similar law of 10 another jurisdiction, in which the person committed or attempted to commit a 11 sexual offense, or a similar offense under the laws of the other jurisdiction; in 12 this subparagraph, "sexual offense" has the meaning given in 13 AS 11.41.100(a)(3); 01 (B) a crime under AS 11.41.110(a)(3), or a similar law of 02 another jurisdiction, in which the person committed or attempted to commit 03 one of the following crimes, or a similar law of another jurisdiction: 04 (i) sexual assault in the first degree; 05 (ii) sexual assault in the second degree; 06 (iii) sexual abuse of a minor in the first degree; or 07 (iv) sexual abuse of a minor in the second degree; [OR] 08 (C) a crime, or an attempt, solicitation, or conspiracy to commit 09 a crime, under AS 11.41.410, 11.41.434, or a similar law of another 10 jurisdiction or a similar provision under a former law of this state; 11 (D) an offense, or an attempt, solicitation, or conspiracy to  12 commit an offense, under  13 (i) AS 26.05.890 if the person engaged in or  14 attempted to engage in sexual penetration; or  15 (ii) AS 26.05.893 if the prohibited sexual activity in  16 which the member of the militia engaged or attempted to engage is  17 sexual penetration;  18  * Sec. 2. AS 12.63.100(2) is amended to read: 19 (2) "child kidnapping" means 20 (A) a crime under AS 11.41.100(a)(3), or a similar law of 21 another jurisdiction, in which the person committed or attempted to commit 22 kidnapping; 23 (B) a crime under AS 11.41.110(a)(3), or a similar law of 24 another jurisdiction, in which the person committed or attempted to commit 25 kidnapping if the victim was under 18 years of age at the time of the offense; 26 [OR] 27 (C) a crime, or an attempt, solicitation, or conspiracy to commit 28 a crime, under AS 11.41.300, or a similar law of another jurisdiction or a 29 similar provision under a former law of this state, if the victim was under 18 30 years of age at the time of the offense; or 31 (D) an offense, or an attempt, solicitation, or conspiracy to  01 commit an offense, under AS 26.05.935(b) if  02 (i) the member of the militia commits the  03 enumerated offense of kidnapping, punishable under Article 134,  04 10 U.S.C. 934 (Uniform Code of Military Justice); and  05 (ii) the victim was under 18 years of age at the time  06 of the offense;  07  * Sec. 3. AS 12.63.100(6) is amended to read: 08 (6) "sex offense" means 09 (A) a crime under AS 11.41.100(a)(3), or a similar law of 10 another jurisdiction, in which the person committed or attempted to commit a 11 sexual offense, or a similar offense under the laws of the other jurisdiction; in 12 this subparagraph, "sexual offense" has the meaning given in 13 AS 11.41.100(a)(3); 14 (B) a crime under AS 11.41.110(a)(3), or a similar law of 15 another jurisdiction, in which the person committed or attempted to commit 16 one of the following crimes, or a similar law of another jurisdiction: 17 (i) sexual assault in the first degree; 18 (ii) sexual assault in the second degree; 19 (iii) sexual abuse of a minor in the first degree; or 20 (iv) sexual abuse of a minor in the second degree; or 21 (C) a crime, or an attempt, solicitation, or conspiracy to commit 22 a crime, under the following statutes or a similar law of another jurisdiction: 23 (i) AS 11.41.410 - 11.41.438; 24 (ii) AS 11.41.440(a)(2); 25 (iii) AS 11.41.450 - 11.41.458; 26 (iv) AS 11.41.460 if the indecent exposure is before a 27 person under 16 years of age and the offender has a previous conviction 28 for that offense or for an offense under AS 26.05.900(c); 29 (v) AS 11.61.125 - 11.61.128; 30 (vi) AS 11.66.110 or 11.66.130(a)(2)(B) if the person 31 who was induced or caused to engage in prostitution was under 20 01 years of age at the time of the offense; 02 (vii) former AS 11.15.120, former 11.15.134, or assault 03 with the intent to commit rape under former AS 11.15.160, former 04 AS 11.40.110, or former 11.40.200; 05 (viii) AS 11.61.118(a)(2) if the offender has a previous 06 conviction for that offense; [OR] 07 (ix) AS 11.66.100(a)(2) if the offender is subject to 08 punishment under AS 11.66.100(e);  09 (x) AS 26.05.890 if the person engaged in sexual  10 penetration or sexual contact with the victim;  11 (xi) AS 26.05.890 if, at the time of the offense, the  12 victim is under a duty to obey the lawful orders of the offender,  13 regardless of whether the offender is in the direct chain of  14 command over the victim;  15 (xii) AS 26.05.893;  16 (xiii) AS 26.05.900(a)(1) - (4) if the victim is under 18  17 years of age at the time of the offense;  18 (xiv) AS 26.05.900(b) if the person who is compelled  19 to engage in an act of prostitution is under 20 years of age at the  20 time of the offense;  21 (xv) AS 26.05.900(c) if the exposure is before a  22 person under 16 years of age and the offender has a previous  23 conviction for that offense or for an offense under AS 11.41.460;  24 (xvi) AS 26.05.900 if, at the time of the offense, the  25 victim is under a duty to obey the lawful orders of the offender,  26 regardless of whether the offender is in the direct chain of  27 command over the victim; or  28 (D) an offense, or an attempt, solicitation, or conspiracy to  29 commit an offense, under AS 26.05.935(b) if the member of the militia  30 commits one of the following enumerated offenses punishable under  31 Article 134, 10 U.S.C. 934 (Uniform Code of Military Justice):  01 (i) child pornography; or  02 (ii) pandering and prostitution if the person who is  03 induced, enticed, caused, or procured to engage in a sexual act is  04 under 20 years of age at the time of the offense;  05  * Sec. 4. AS 12.63.100 is amended by adding new paragraphs to read: 06 (8) "sexual contact" has the meaning given in AS 11.81.900; 07 (9) "sexual penetration" has the meaning given in AS 11.81.900. 08  * Sec. 5. AS 18.65.087(a) is amended to read: 09 (a) The Department of Public Safety shall maintain a central registry of sex 10 offenders and child kidnappers and shall adopt regulations necessary to carry out the 11 purposes of this section and AS 12.63. A post of the Alaska state troopers or a 12 municipal police department that receives registration or change of address 13 information under AS 12.63.010 shall forward the information within five working 14 days after [OF] receipt to the central registry of sex offenders and child kidnappers. 15 Unless the sex offender or child kidnapper provides proof satisfactory to the 16 department that the sex offender or child kidnapper is not physically present in the 17 state or that the time limits described in AS 12.63.010 have passed, the Department of 18 Public Safety may enter and maintain in the registry information described in 19 AS 12.63.010 about a sex offender or child kidnapper that the department obtains from 20 (1) the sex offender or child kidnapper under AS 12.63; 21 (2) a post of the Alaska state troopers or a municipal police department 22 under this subsection; 23 (3) a court judgment under AS 12.55.148, AS 26.05.890(h),  24 26.05.893(d), 26.05.900(e), or 26.05.935(d); 25 (4) the Department of Corrections under AS 33.30.012 or 33.30.035; 26 (5) the Federal Bureau of Investigation or another sex offender 27 registration agency outside this state if the information indicates that a sex offender or 28 child kidnapper is believed to be residing or planning to reside in the state or cannot be 29 located; 30 (6) a criminal justice agency in the state or another jurisdiction; 31 (7) the department's central repository under AS 12.62; information 01 entered in the registry from the repository is not subject to the requirements of 02 AS 12.62.160(c)(3) or (4); 03 (8) the Department of Military and Veterans' Affairs; or 04 (9) [OR (8)] another reliable source as defined in regulations adopted 05 by the department. 06  * Sec. 6. AS 26.05.135 is amended to read: 07 Sec. 26.05.135. Applicability of Servicemembers Civil Relief Act to  08 members of the organized militia; contracts [SUSPENSION OF  09 ENFORCEMENT OF CIVIL LIABILITIES]. The provisions of 50 U.S.C. 3901 -  10 4043 (Servicemembers Civil Relief Act) [50 U.S.C. APP. 501 - 590,] pertaining to 11 consumer transactions and the temporary suspension of enforcement of civil 12 liabilities of persons in the military service of the United States [,] apply to members 13 of the organized militia [ALASKA NATIONAL GUARD AND ALASKA NAVAL 14 MILITIA] while on active duty for the state by order of the governor. 15  * Sec. 7. AS 26.05.135 is amended by adding new subsections to read: 16 (b) In addition to the rights and protections provided under 50 U.S.C. 3901 - 17 4043 (Servicemembers Civil Relief Act) and (a) of this section, a servicemember may 18 terminate a contract for any of the following services provided in this state if the 19 servicemember receives official orders to relocate for a period of military service of at 20 least 90 days to a location that does not support the contract and the servicemember 21 provides written notice to the service provider as required under (c) of this section: 22 (1) Internet services; 23 (2) athletic club or gym memberships; 24 (3) satellite radio services; or 25 (4) television services. 26 (c) To terminate a contract under (b) of this section, the servicemember shall 27 provide the service provider with (1) written notice that the servicemember is 28 terminating the contract and the date the contract terminates, and (2) proof of the 29 official orders calling the servicemember into active military service. If possible, the 30 servicemember shall provide the proof of the official orders at the same time the 31 servicemember provides written notice terminating the contract. If, because of military 01 necessity or other circumstances, the servicemember is unable to provide proof of 02 official orders at the time the servicemember provides written notice terminating the 03 contract, the servicemember shall provide proof of the official orders not more than 90 04 days after providing written notice terminating the contract. A termination of contract 05 under this section is effective on the later of the following: the termination date the 06 servicemember indicates in the written notice terminating the contract or the date the 07 servicemember provides the written notice terminating the contract. 08 (d) A servicemember who terminates a contract under this section may 09 reinstate the contract when the servicemember is no longer in active military service if 10 the servicemember provides written notice not later than 90 days after the active 11 military service ends. Not later than 30 days after receiving a written notice of 12 reinstatement of a contract under this subsection, a service provider shall resume 13 providing services under the contract to the servicemember or, if the services 14 previously provided are no longer available, shall provide substantially similar 15 services to the servicemember. 16 (e) A service provider may not charge to a servicemember a penalty, fee, or 17 other cost, or retain the deposit of a servicemember, who terminates a contract under 18 this section. A servicemember who terminates a contract under this section is not 19 liable for payment for any services after the effective date of the termination of a 20 contract under this section. 21 (f) In this section, 22 (1) "organized militia" includes the units of the militia described in 23 AS 26.05.010(b)(1); 24 (2) "servicemember" means a member of the armed forces of the 25 United States or a member of the organized militia of the state. 26  * Sec. 8. AS 26.05.360(b) is amended to read: 27 (b) The regulations adopted under this section must 28 (1) provide for nonjudicial punishment; the regulations for nonjudicial 29 punishment may not provide for confinement or separation from military service [OR 30 PROHIBIT A MEMBER OF THE MILITIA FROM DECLINING THE 31 IMPOSITION OF NONJUDICIAL PUNISHMENT IN FAVOR OF A COURT- 01 MARTIAL]; 02 (2) as the adjutant general and the governor consider practicable, apply 03 the principles of law and the rules of evidence and procedure governing military 04 criminal cases in the courts of the armed forces of the United States, but may not be 05 contrary to or inconsistent with this chapter or the applicable Alaska Rules of 06 Evidence; 07 (3) include rules of pretrial, trial, and post-trial procedure, including 08 methods of proof, for cases before courts-martial and courts of inquiry. 09  * Sec. 9. AS 26.05.555(a) is amended to read: 10 (a) A military judge or summary court-martial officer may punish for 11 contempt a person who 12 (1) uses a menacing word, sign, or gesture in its presence;  13 (2) [, OR WHO] disturbs its proceedings by any riot or disorder; or  14 (3) wilfully disobeys a lawful writ, process, order, rule, decree, or  15 command of the military judge or summary court-martial officer. 16  * Sec. 10. AS 26.05 is amended by adding a new section to read: 17 Sec. 26.05.697. Misprision of serious offense. A member of the militia who 18 (1) knows that another person has committed a serious offense, (2) wrongfully 19 conceals the commission of the offense, and (3) fails to make the commission of the 20 offense known to a civilian or military authority as soon as possible shall be punished 21 as a court-martial may direct. 22  * Sec. 11. AS 26.05.700 is amended to read: 23 Sec. 26.05.700. Conviction of lesser included offense. An accused may be 24 found guilty of an offense necessarily included in the offense charged, [OR] of an 25 attempt to commit either the offense under this chapter charged or an offense 26 necessarily included in the offense charged, or of an offense designated by the  27 President of the United States, in an appendix to the 2017 Manual for Courts- 28 Martial, United States, as a presidentially prescribed lesser included offense  29 under 10 U.S.C. 879. 30  * Sec. 12. AS 26.05.715 is amended by adding a new subsection to read: 31 (c) A member of the militia who solicits or advises another person to commit 01 an offense under this chapter, other than an offense specified in (a) or (b) of this 02 section, shall be punished as a court-martial may direct. 03  * Sec. 13. AS 26.05 is amended by adding a new section to read: 04 Sec. 26.05.737. False or unauthorized pass offenses. (a) A member of the 05 militia who wrongfully and falsely makes, alters, counterfeits, or tampers with a 06 military or official pass, permit, discharge certificate, or identification card shall be 07 punished as a court-martial may direct. 08 (b) A member of the militia who wrongfully sells, gives, lends, or disposes of 09 a false or unauthorized military or official pass, permit, discharge certificate, or 10 identification card, knowing that the pass, permit, discharge certificate, or 11 identification card is false or unauthorized, shall be punished as a court-martial may 12 direct. 13 (c) A member of the militia who wrongfully uses or possesses a false or 14 unauthorized military or official pass, permit, discharge certificate, or identification 15 card, knowing that the pass, permit, discharge certificate, or identification card is false 16 or unauthorized, shall be punished as a court-martial may direct. 17  * Sec. 14. AS 26.05.740 is amended to read: 18 Sec. 26.05.740. Missing movement; jumping from vessel. A member of the 19 militia who, (1) through neglect or design, misses the movement of a ship, aircraft, or 20 unit with which the member is required, in the course of duty, to move, or (2)  21 intentionally or wrongfully jumps into the water from a vessel in use by the  22 armed forces may be punished by up to one year of confinement, by separation with 23 characterization up to dishonorable discharge, and by such other punishment as a 24 court-martial may direct. 25  * Sec. 15. AS 26.05 is amended by adding new sections to read: 26 Sec. 26.05.767. Impersonation of officer, noncommissioned officer, petty  27 officer, agent, or official. (a) A member of the militia who wrongfully and wilfully 28 impersonates (1) an officer, noncommissioned officer, or petty officer, (2) an agent of 29 superior authority of one of the armed forces of the United States or of the militia of 30 the state, or (3) an official of a government shall be punished as a court-martial may 31 direct. 01 (b) A member of the militia who wrongfully, wilfully, and with intent to 02 defraud impersonates (1) an officer, noncommissioned officer, or petty officer, (2) an 03 agent of superior authority of one of the armed forces of the United States or of the 04 militia of the state, or (3) an official of a government shall be punished as a court- 05 martial may direct. 06 (c) A member of the militia who wrongfully, wilfully, and without intent to 07 defraud impersonates an official of a government by committing an act that exercises 08 or asserts the authority of the office that the person claims to have shall be punished as 09 a court-martial may direct. 10 Sec. 26.05.768. Wearing unauthorized insignia, decoration, badge, ribbon,  11 device, or lapel button. A member of the militia who wears on the member's uniform 12 or civilian clothing an insignia, decoration, badge, ribbon, device, or lapel button that 13 the member is not authorized to wear shall be punished as a court-martial may direct. 14  * Sec. 16. AS 26.05.785 is amended by adding a new subsection to read: 15 (b) A member of the militia who unlawfully drinks an alcoholic beverage with 16 a prisoner or unlawfully uses a drug with a prisoner may be punished by up to one 17 year of confinement, by separation with characterization up to dishonorable discharge, 18 and by such other punishment as a court-martial may direct, whether or not the 19 prisoner was committed in strict compliance with law. 20  * Sec. 17. AS 26.05 is amended by adding a new section to read: 21 Sec. 26.05.793. Wrongful interference with adverse administrative  22 proceeding. A member of the militia who, having reason to believe that an adverse 23 administrative proceeding is pending against a person subject to this chapter, 24 wrongfully acts with the intent to influence, impede, or obstruct the conduct of the 25 proceeding or otherwise obstruct the due administration of justice shall be punished as 26 a court-martial may direct. 27  * Sec. 18. AS 26.05 is amended by adding new sections to read: 28 Sec. 26.05.796. Wrongful refusal to testify. A member of the militia who, 29 during a preliminary hearing or in the presence of a court-martial, board of officers, 30 military commission, court of inquiry, or officer taking a deposition of or for the state, 31 wrongfully refuses to qualify as a witness or answer a question after having been 01 directed to do so by the person presiding over the proceeding shall be punished as a 02 court-martial may direct. 03 Sec. 26.05.798. Retaliation. A member of the militia who, with the intent to 04 retaliate against a person for reporting or planning to report a criminal offense or for 05 making or planning to make a protected communication, or who, with the intent to 06 discourage any person from reporting a criminal offense or from making or planning 07 to make a protected communication, (1) wrongfully takes or threatens to take an 08 adverse personnel action against a person or (2) wrongfully withholds or threatens to 09 withhold a favorable personnel action with respect to a person shall be punished as a 10 court-martial may direct. 11  * Sec. 19. AS 26.05 is amended by adding a new section to read: 12 Sec. 26.05.833. Offenses against correctional custody and restriction. (a) A 13 member of the militia who (1) is placed in correctional custody by a person authorized 14 to do so, (2) is placed under physical restraint while in correctional custody, and (3) 15 escapes from the physical restraint before the member is released from physical 16 restraint by proper authority shall be punished as a court-martial may direct. 17 (b) A member of the militia who (1) is placed in correctional custody by a 18 person authorized to do so, (2) is placed under restraint other than physical restraint 19 while in correctional custody, and (3) goes beyond the limits of the restraint before the 20 member is released from or relieved of the restraint by proper authority shall be 21 punished as a court-martial may direct. 22 (c) A member of the militia who (1) is ordered to be restricted to certain limits 23 by a person authorized to do so and (2) with knowledge of the limits of the restriction, 24 goes beyond the limits before the member is released from the limitations by proper 25 authority shall be punished as a court-martial may direct. 26  * Sec. 20. AS 26.05.835 is amended by adding a new subsection to read: 27 (b) A member of the militia who (1) takes an oath that is in a matter in which 28 the oath is required or authorized by law and that is administered by a person who has 29 the authority to administer the oath and (2) makes or subscribes to a statement that is 30 false and that the person does not believe to be true at the time the person takes the 31 oath shall be punished as a court-martial may direct. 01  * Sec. 21. AS 26.05.855(b) is amended to read: 02 (b) A member of the militia who (1) operates or physically controls a 03 nonmilitary vehicle, aircraft, or vessel while impaired by a controlled substance 04 [DESCRIBED IN AS 26.05.870(c)], or (2) operates or is in actual physical control of 05 a nonmilitary vehicle, aircraft, or vessel while under the influence of alcohol or when 06 the alcohol concentration in the person's blood or breath is equal to or exceeds the 07 applicable limit under (d) of this section may be punished by up to one year of 08 confinement, by separation with characterization up to dishonorable discharge, and by 09 such other punishment as a court-martial may direct, or under (e) of this section if the 10 member is not in active duty status at the time of the offense, or by up to five years of 11 confinement, by separation with characterization up to dishonorable discharge, and by 12 such other punishment as a court-martial may direct if the member is in active duty 13 status at the time of the offense. 14  * Sec. 22. AS 26.05.855(c) is amended to read: 15 (c) A member of the militia who (1) operates or physically controls a vehicle, 16 aircraft, or vessel of the armed forces of the United States or the militia of a state in a 17 negligent or reckless manner or while impaired by a controlled substance 18 [DESCRIBED IN AS 26.05.870(c)], or (2) operates or is in actual physical control of 19 a vehicle, aircraft, or vessel of the armed forces of the United States or the militia of a 20 state while under the influence of alcohol or when the alcohol concentration in the 21 person's blood or breath is equal to or exceeds the applicable limit under (d) of this 22 section may be punished by up to five years of confinement, by separation with 23 characterization up to dishonorable discharge, and by such other punishment as a 24 court-martial may direct. 25  * Sec. 23. AS 26.05.860 is amended to read: 26 Sec. 26.05.860. Drunkenness and other incapacitating offenses [DRUNK  27 ON DUTY]. A member of the militia, other than a sentinel or lookout, who (1) is 28 found under the influence of alcohol or a controlled substance while on duty, or (2)  29 as a result of the use of any alcoholic beverage or drug, is unable to properly  30 perform the member's duty may be punished by up to one year of confinement, by 31 separation with characterization up to dishonorable discharge, and by such other 01 punishment as a court-martial may direct. 02  * Sec. 24. AS 26.05.860 is amended by adding a new subsection to read: 03 (b) A member of the militia who, while a prisoner, is drunk or under the 04 influence of a controlled substance other than a controlled substance taken in 05 accordance with a valid prescription shall be punished as a court-martial may direct. 06  * Sec. 25. AS 26.05.865 is amended to read: 07 Sec. 26.05.865. Misbehavior of sentinel. A sentinel or lookout who (1) as a  08 result of the use of any alcoholic beverage or drug, is unable to properly perform  09 the sentinel's or lookout's duties, (2) is found [UNDER THE INFLUENCE OF 10 ALCOHOL OR] sleeping on the sentinel's or lookout's post, (3) [OR] leaves the 11 sentinel's or lookout's post before being regularly relieved, or (4) loiters or  12 wrongfully sits down on post may be punished, if the offense is committed in time of 13 war or emergency as described in AS 26.05.070, by confinement of not more than 10 14 years, by separation with characterization up to dishonorable discharge, and by such 15 other punishment as a court-martial may direct, but if the offense is committed at any 16 other time, by up to one year of confinement, by separation with characterization up to 17 dishonorable discharge, and by such other punishment as a court-martial may direct. 18  * Sec. 26. AS 26.05 is amended by adding a new section to read: 19 Sec. 26.05.867. Disrespect toward sentinel or lookout. A member of the 20 militia who, knowing that another person is a sentinel or lookout, uses wrongful and 21 disrespectful language or behaves in a wrongful and disrespectful manner that is 22 directed toward and within the hearing of the sentinel or lookout while the sentinel or 23 lookout is executing the sentinel or lookout's duties shall be punished as a court- 24 martial may direct. 25  * Sec. 27. AS 26.05.890(a) is amended to read: 26 (a) A member of the militia who commits any of the following acts is guilty of 27 sexual assault and, except as provided under (g) of this section, shall [MAY] be 28 punished [BY UP TO 10 YEARS OF CONFINEMENT,] by separation with 29 characterization [UP TO] dishonorable discharge[,] and may, in addition to  30 separation, be punished by up to 10 years of confinement and by such other 31 punishment as a court-martial may direct: 01 (1) a sexual act on another person by 02 (A) threatening or placing another person in fear; 03 (B) causing bodily harm to another person; 04 (C) making a fraudulent representation that the sexual act 05 serves a professional purpose; 06 (D) inducing a belief by any artifice, pretense, or concealment 07 that the person is another person; 08 (2) a sexual act on another person when the person knows or 09 reasonably should know that the other person is asleep, unconscious, or otherwise 10 unaware that the sexual act is occurring; 11 (3) a sexual act on another person when the other person is incapable 12 of consenting to the sexual act because of 13 (A) impairment by a drug, intoxicant, or other similar 14 substance, and that condition is known or reasonably should be known by the 15 person; 16 (B) a mental disease or defect or physical disability, and that 17 condition is known or reasonably should be known by the person. 18  * Sec. 28. AS 26.05.890 is amended by adding new subsections to read: 19 (g) The convening authority of the court-martial may reduce, commute, or 20 suspend a sentence of separation with characterization dishonorable discharge 21 imposed by a court-martial under (a) of this section to a sentence of separation with 22 characterization bad conduct if, after sentencing and before the entry of judgment, the 23 accused provides substantial assistance with the investigation or prosecution of 24 another person. 25 (h) When a person is convicted of an offense under this section that requires 26 the person to register as a sex offender under AS 12.63, the court-martial shall provide 27 the person with information regarding sex offender registration under AS 12.63.010 28 and, if it can be determined by the court-martial, inform the person whether the 29 conviction will require the person to register for life or a lesser period under AS 12.63. 30  * Sec. 29. AS 26.05 is amended by adding a new section to read: 31 Sec. 26.05.893. Prohibited sexual activities with military recruit or trainee  01 by person in position of special trust. (a) A member of the militia who (1) is an 02 officer, a noncommissioned officer, or a petty officer, (2) is in a training leadership 03 position with respect to a specially protected junior member of the armed forces of the 04 United States or of the militia of the state, and (3) engages in prohibited sexual activity 05 with the specially protected junior member of the armed forces of the United States or 06 of the militia of the state shall be punished as a court-martial may direct. 07 (b) A member of the militia who is a military recruiter and engages in 08 prohibited sexual activity with (1) an applicant for military service or (2) a specially 09 protected junior member of the armed forces of the United States or of the militia of 10 the state who is enlisted under a delayed entry program shall be punished as a court- 11 martial may direct. 12 (c) Consent is not a defense in a prosecution under this section. 13 (d) When a person is convicted of an offense under this section that requires 14 the person to register as a sex offender under AS 12.63, the court-martial shall provide 15 the person with information regarding sex offender registration under AS 12.63.010 16 and, if it can be determined by the court-martial, inform the person whether the 17 conviction will require the person to register for life or a lesser period under AS 12.63. 18  * Sec. 30. AS 26.05 is amended by adding a new section to read: 19 Sec. 26.05.897. Assault. (a) A member of the militia commits the offense of 20 assault if the person attempts or offers to do bodily harm to another person using 21 unlawful force or violence, whether or not the attempt or offer is consummated. A 22 person who commits assault may be punished by up to one year of confinement, by 23 separation with characterization up to dishonorable discharge, and by such other 24 punishment as a court-martial may direct. 25 (b) A member of the militia commits the offense of aggravated assault if the 26 person (1) uses a dangerous weapon or other means or force likely to produce death or 27 grievous bodily harm to commit the offense described in (a) of this section or (2) 28 commits the offense described in (a) of this section and intentionally inflicts grievous 29 bodily harm, with or without a weapon, on another person. A person who commits 30 aggravated assault may be punished by up to five years of confinement, by separation 31 with characterization up to dishonorable discharge, and by such other punishment as a 01 court-martial may direct. 02  * Sec. 31. AS 26.05.900(a) is amended to read: 03 (a) A member of the militia who knowingly commits any of the following acts 04 without legal justification or lawful authorization is guilty of an offense under this 05 section and may be punished by up to one year of confinement, by separation with 06 characterization up to dishonorable discharge, and by such other punishment as a 07 court-martial may direct: 08 (1) knowingly and wrongfully views the private area of another 09 person, without the other person's consent and under circumstances in which the other 10 person has a reasonable expectation of privacy; 11 (2) knowingly and wrongfully photographs, videotapes, films, or 12 records, by any means, the private area of another person without the other person's 13 consent and under circumstances in which the other person has a reasonable 14 expectation of privacy; 15 (3) knowingly [AND WRONGFULLY] broadcasts [OR 16 DISTRIBUTES] a recording of another person's private area that the person knows 17 or reasonably should know was made or broadcast 18 (A) without the other person's consent; and  19 (B) under circumstances in which the other person had a  20 reasonable expectation of privacy;  21 (4) knowingly distributes a recording of another person's private  22 area that the person knows or reasonably should know was made or distributed  23 (A) without the other person's consent; and  24 (B) under circumstances in which the other person had a  25 reasonable expectation of privacy [UNDER THE CIRCUMSTANCES 26 DESCRIBED IN (2) OF THIS SUBSECTION]. 27  * Sec. 32. AS 26.05.900(d) is amended by adding new paragraphs to read: 28 (7) "recording" means a still or moving visual image captured or 29 recorded by any means; 30 (8) "without the other person's consent" has the meaning given to 31 "without consent" in AS 11.41.470. 01  * Sec. 33. AS 26.05.900 is amended by adding a new subsection to read: 02 (e) When a person is convicted of an offense under this section that requires 03 the offender to register as a sex offender under AS 12.63, the court-martial shall 04 provide the person with information regarding sex offender registration under 05 AS 12.63.010 and, if it can be determined by the court-martial, inform the person 06 whether the conviction will require the person to register for life or a lesser period 07 under AS 12.63. 08  * Sec. 34. AS 26.05 is amended by adding a new section to read: 09 Sec. 26.05.913. Public records offenses. A member of the militia who (1) 10 wilfully and unlawfully alters, conceals, removes, mutilates, obliterates, or destroys a 11 public record or (2) takes a public record with the intent to alter, conceal, remove, 12 mutilate, obliterate, or destroy the public record shall be punished as a court-martial 13 may direct. 14  * Sec. 35. AS 26.05.935 is amended by adding a new subsection to read: 15 (d) When a person is convicted of an enumerated offense under (b) of this 16 section that requires the offender to register as a sex offender under AS 12.63, the 17 court-martial shall provide the person with information regarding sex offender 18 registration under AS 12.63.010 and, if it can be determined by the court-martial, 19 inform the person whether the conviction will require the person to register for life or 20 a lesser period under AS 12.63. 21  * Sec. 36. AS 26.05 is amended by adding new sections to read: 22 Sec. 26.05.940. Offenses concerning government computers. (a) A member 23 of the militia who (1) knowingly accesses a government computer with an 24 unauthorized purpose, (2) by accessing the government computer obtains classified 25 information, and (3) with reason to believe the information could be used to the injury 26 of the United States or to the advantage of any foreign nation, intentionally 27 communicates, delivers, or transmits the information, or causes the information to be 28 communicated, delivered, or transmitted, to any person who is not entitled to receive 29 the information shall be punished as a court-martial may direct. 30 (b) A member of the militia who intentionally accesses a government 31 computer with an unauthorized purpose and by accessing the government computer 01 obtains classified or other protected information from the government computer shall 02 be punished as a court-martial may direct. 03 (c) A member of the militia who knowingly causes the transmission of a 04 program, information, code, or command and, as a result of that conduct, intentionally 05 and without authorization causes damage to a government computer shall be punished 06 as a court-martial may direct. 07 Sec. 26.05.945. Breach of medical quarantine. A member of the militia who 08 is ordered into medical quarantine by a person authorized to issue the quarantine order 09 and who, with knowledge of the quarantine order and the limits imposed under the 10 quarantine order, goes beyond the limits imposed under the quarantine order before 11 the person is released from quarantine by proper authority shall be punished as a 12 court-martial may direct. 13  * Sec. 37. AS 26.05.990 is amended by adding a new paragraph to read: 14 (22) "controlled substance" means 15 (A) opium, heroin, cocaine, amphetamine, lysergic acid 16 diethylamide, methamphetamine, phencyclidine, barbituric acid, and 17 marijuana; 18 (B) a compound or derivative of a substance specified in (A) of 19 this paragraph; 20 (C) a substance not specified in (A) or (B) of this paragraph 21 that is listed on a schedule of controlled substances prescribed by the President 22 of the United States for the purposes of the armed forces of the United States 23 under 10 U.S.C. 801 - 946 (Uniform Code of Military Justice); 24 (D) a substance not specified in (A) or (B) of this paragraph or 25 on a list prescribed by the President under (C) of this paragraph that is listed in 26 21 U.S.C. 812, schedules I through V; 27 (E) an illicit synthetic drug identified in AS 17.21.010. 28  * Sec. 38. AS 26.05.870(c) is repealed. 29  * Sec. 39. The uncodified law of the State of Alaska is amended by adding a new section to 30 read: 31 APPLICABILITY. (a) AS 26.05.135, as amended by secs. 6 and 7 of this Act, applies 01 only to a contract entered into on or after the effective date of secs. 6 and 7 of this Act. 02 (b) AS 12.63.100(1), as amended by sec. 1 of this Act, AS 12.63.100(2), as amended 03 by sec. 2 of this Act, AS 12.63.100(6), as amended by sec. 3 of this Act, AS 12.63.100(8) and 04 (9), enacted by sec. 4 of this Act, AS 18.65.087(a), as amended by sec. 5 of this Act, 05 AS 26.05.890(h), enacted by sec. 28 of this Act, AS 26.05.893(d), enacted by sec. 29 of this 06 Act, AS 26.05.900(e), enacted by sec. 33 of this Act, and AS 26.05.935(d), enacted by sec. 35 07 of this Act, apply to persons convicted of sex offenses or child kidnapping on or after the 08 effective date of secs. 1 - 5, 28, 29, 33, and 35 of this Act. 09 (c) AS 26.05.360(b), as amended by sec. 8 of this Act, applies to nonjudicial 10 punishment imposed for offenses committed on or after the effective date of sec. 8 of this Act. 11 (d) AS 26.05.555(a), as amended by sec. 9 of this Act, AS 26.05.697, enacted by sec. 12 10 of this Act, AS 26.05.700, as amended by sec. 11 of this Act, AS 26.05.715(c), enacted by 13 sec. 12 of this Act, AS 26.05.737, enacted by sec. 13 of this Act, AS 26.05.740, as amended 14 by sec. 14 of this Act, AS 26.05.767 and 26.05.768, enacted by sec. 15 of this Act, 15 AS 26.05.785(b), enacted by sec. 16 of this Act, AS 26.05.793, enacted by sec. 17 of this Act, 16 AS 26.05.796 and 26.05.798, enacted by sec. 18 of this Act, AS 26.05.833, enacted by sec. 19 17 of this Act, AS 26.05.835(b), enacted by sec. 20 of this Act, AS 26.05.855(b), as amended by 18 sec. 21 of this Act, AS 26.05.855(c), as amended by sec. 22 of this Act, AS 26.05.860, as 19 amended by sec. 23 of this Act, AS 26.05.860(b), enacted by sec. 24 of this Act, 20 AS 26.05.865, as amended by sec. 25 of this Act, AS 26.05.867, enacted by sec. 26 of this 21 Act, AS 26.05.890(a), as amended by sec. 27 of this Act, AS 26.05.890(g), enacted by sec. 28 22 of this Act, AS 26.05.893(a) - (c), enacted by sec. 29 of this Act, AS 26.05.897, enacted by 23 sec. 30 of this Act, AS 26.05.900(a), as amended by sec. 31 of this Act, AS 26.05.900(d), 24 enacted by sec. 32 of this Act, AS 26.05.913, enacted by sec. 34 of this Act, AS 26.05.940 25 and 26.05.945, enacted by sec. 36 of this Act, and AS 26.05.990(22), enacted by sec. 37 of 26 this Act, apply to offenses occurring on or after the effective date of secs. 9 - 32, 34, 36, and 27 37 of this Act. 28  * Sec. 40. The uncodified law of the State of Alaska is amended by adding a new section to 29 read: 30 DUTY OF ADJUTANT GENERAL OF THE DEPARTMENT OF MILITARY AND 31 VETERANS' AFFAIRS; NOTICE TO REVISOR OF STATUTES. The adjutant general of 01 the Department of Military and Veterans' Affairs shall notify the revisor of statutes, on or 02 before January 1, 2019, if the President of the United States signs an executive order 03 designating the effective date, under sec. 5542, P.L. 114-328, National Defense Authorization 04 Act for Fiscal Year 2017, of the amendments to the Uniform Code of Military Justice made 05 by the Military Justice Act of 2016. 06  * Sec. 41. The uncodified law of the State of Alaska is amended by adding a new section to 07 read: 08 CONDITIONAL EFFECT. Sections 1 - 5, 8 - 38, and 39(b) - (d) of this Act take 09 effect only if the adjutant general of the Department of Military and Veterans' Affairs notifies 10 the revisor of statutes under sec. 40 of this Act, on or before January 1, 2019, that the 11 President of the United States has signed an executive order designating the effective date, 12 under sec. 5542, P.L. 114-328, National Defense Authorization Act for Fiscal Year 2017, of 13 the amendments to the Uniform Code of Military Justice made by the Military Justice Act of 14 2016 and the effective date designated in the executive order is January 1, 2019, or earlier. 15  * Sec. 42. If secs. 1 - 5, 8 - 38, and 39(b) - (d) of this Act take effect under sec. 41 of this 16 Act, they take effect January 1, 2019. 17  * Sec. 43. Except as provided in sec. 42 of this Act, this Act takes effect July 1, 2018.