00 HOUSE BILL NO. 52 01 "An Act eliminating marriage as a defense to certain crimes of sexual assault; relating to 02 enticement of a minor; relating to harassment in the first degree; relating to harassment 03 in the second degree; relating to indecent viewing or production of a picture; relating to 04 the definition of 'sexual contact'; relating to assault in the second degree; relating to 05 sentencing; relating to prior convictions; relating to the definition of 'most serious 06 felony'; relating to the definition of 'sexual felony'; relating to the duty of a sex offender 07 or child kidnapper to register; relating to eligibility for discretionary parole; and 08 providing for an effective date." 09 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 10  * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 11 to read: 12 LEGISLATIVE FINDINGS AND INTENT FOR SECS. 13 AND 16 - 19 OF THIS 01 ACT. (a) The legislature finds for sec. 13 of this Act, the legislature did not intend, by 02 enacting ch. 90, SLA 2003, and the legislature does not now intend by enacting this Act, to 03 impose any limitation on which previous convictions may be considered when imposing a 04 sentence under AS 12.55.125(i). 05 (b) It is the intent of the legislature for sec. 13 of this Act, in AS 12.55.145, as 06 amended by sec. 13 of this Act, to overturn the decision in Williams v. State, 418 P.3d 870 07 (Alaska App. 2018) to the extent that it held that, when imposing a sentence under 08 AS 12.55.125(i), prior felony convictions should not be considered if 10 or more years has 09 elapsed between the date of the defendant's unconditional discharge on the immediately 10 preceding offense and commission of the present offense unless the prior conviction was for 11 an unclassified or class A felony. 12 (c) It is the intent of the legislature that all prior felony convictions be considered 13 when imposing a sentence under AS 12.55.125(i) regardless of the age of those convictions. 14 (d) The legislature finds for secs. 16 - 19 of this Act that 15 (1) protecting the public from sex offenders is a primary governmental interest 16 and the release of certain information about sex offenders to public agencies and the general 17 public will assist in protecting the public; 18 (2) the state's transient population means that sex offenders who are required 19 to register in the state where they were convicted may relocate to this state for various 20 reasons; 21 (3) the supreme court's narrow interpretation of Alaska's sex offender 22 registration requirements in its decision in State, Department of Public Safety v. Doe, 425 23 P.3d 115 (Alaska 2018) hinders the state's ability to protect the public from sex offenders who 24 may come to this state in so far as it only requires a person to register as a sex offender in this 25 state if that person has been convicted of an offense that is similar to a sex offense as defined 26 in AS 12.63.100. 27 (e) It is the intent of the legislature to overturn State, Department of Public Safety v. 28 Doe, 425 P.3d 115 (Alaska 2018) to the extent that it held that sex offenders required to 29 register in another jurisdiction do not have to also register in Alaska unless their underlying 30 conviction is similar to a sex offense as defined in AS 12.63.100. Additionally, it is the intent 31 of the legislature to give reciprocity to other jurisdictions and require sex offenders who are 01 physically present in Alaska and are required to register as a sex offender in another 02 jurisdiction to also register as a sex offender in Alaska regardless of whether the person's 03 underlying conviction is similar to a sex offense as defined in AS 12.63.100. 04  * Sec. 2. AS 11.41.432(b) is amended to read: 05 (b) Except as provided in (d) [(a)] of this section, in a prosecution under 06 AS 11.41.410 - 11.41.427 [AS 11.41.410 OR 11.41.420], it is not a defense that the 07 victim was, at the time of the alleged offense, the legal spouse of the defendant. 08  * Sec. 3. AS 11.41.432 is amended by adding a new subsection to read: 09 (d) It is a defense to a crime charged under AS 11.41.425(a)(2) - (5) or 10 11.41.427 that the offender is married to the person and neither party has filed with the 11 court for separation, divorce, or dissolution of the marriage. 12  * Sec. 4. AS 11.41.452(a) is amended to read: 13 (a) A person commits the crime of [ONLINE] enticement of a minor if the 14 person, being 18 years of age or older, knowingly communicates [USES A 15 COMPUTER TO COMMUNICATE] with another person to entice, solicit, or 16 encourage the person to engage in an act described in AS 11.41.455(a)(1) - (7) and 17 (1) the other person is a child under 16 years of age; or 18 (2) the person believes that the other person is a child under 16 years 19 of age. 20  * Sec. 5. AS 11.41.452(d) is amended to read: 21 (d) Except as provided in (e) of this section, [ONLINE] enticement of a minor 22 is a class B felony. 23  * Sec. 6. AS 11.41.452(e) is amended to read: 24 (e) Enticement of a minor [ONLINE ENTICEMENT] is a class A felony if 25 the defendant was, at the time of the offense, required to register as a sex offender or 26 child kidnapper under AS 12.63 or a similar law of another jurisdiction. 27  * Sec. 7. AS 11.61.118(a) is amended to read: 28 (a) A person commits the crime of harassment in the first degree if 29 (1) the person violates AS 11.61.120(a)(5) and the offensive physical 30 contact is contact with human or animal blood, mucus, saliva, [SEMEN,] urine, 31 vomitus, or feces; or 01 (2) under circumstances not proscribed under AS 11.41.434 - 02 11.41.440, the person violates AS 11.61.120(a)(5) and the offensive physical contact 03 is contact by the person touching through clothing another person's genitals, buttocks, 04 or female breast. 05  * Sec. 8. AS 11.61.120(a) is amended to read: 06 (a) A person commits the crime of harassment in the second degree if, with 07 intent to harass or annoy another person, that person 08 (1) insults, taunts, or challenges another person in a manner likely to 09 provoke an immediate violent response; 10 (2) telephones another and fails to terminate the connection with intent 11 to impair the ability of that person to place or receive telephone calls; 12 (3) makes repeated telephone calls at extremely inconvenient hours; 13 (4) makes an anonymous or obscene telephone call, an obscene 14 electronic communication, or a telephone call or electronic communication that 15 threatens physical injury or sexual contact; 16 (5) subjects another person to offensive physical contact; 17 (6) except as provided in AS 11.61.116, publishes or distributes 18 electronic or printed photographs, pictures, or films that show the genitals, anus, or 19 female breast of the other person or show that person engaged in a sexual act; [OR] 20 (7) repeatedly sends or publishes an electronic communication that 21 insults, taunts, challenges, or intimidates a person under 18 years of age in a manner 22 that places the person in reasonable fear of physical injury; or  23 (8) under circumstances not proscribed in AS 11.41.455 or  24 11.61.125, repeatedly sends electronic or printed photographs, pictures, or films  25 to another person that show the genitals of any person.  26  * Sec. 9. AS 11.61.123(a) is amended to read: 27 (a) A person commits the crime of indecent viewing or production of a  28 picture [PHOTOGRAPHY] if, in the state, the person knowingly 29 (1) views [, OR PRODUCES] a picture of, the private exposure of the 30 genitals, anus, or female breast of another person and the view [OR PRODUCTION] 31 is without the knowledge or consent of 01 (A) [(1)] the parent or guardian of the person viewed [, OR 02 WHO IS SHOWN] in the picture, if the person [WHO IS] viewed [OR 03 SHOWN] is under 16 years of age; and 04 (B) [(2)] the person viewed [OR SHOWN] in the picture, if the 05 person viewed [OR SHOWN] is at least 13 years of age; or  06 (2) produces a picture of, the private exposure of the genitals,  07 anus, or female breast of another person and the production is without the  08 knowledge or consent of  09 (A) the parent or guardian of the person shown in the  10 picture, if the person shown is under 16 years of age; and  11 (B) the person shown in the picture, if the person shown is  12 at least 13 years of age.  13  * Sec. 10. AS 11.61.123(c) is amended to read: 14 (c) This section does not apply to the viewing or production of pictures 15 [PHOTOGRAPHY] conducted by a law enforcement agency for a law enforcement 16 purpose. 17  * Sec. 11. AS 11.61.123(d) is amended to read: 18 (d) In a prosecution under this section, it is an affirmative defense that the 19 viewing or production of pictures [PHOTOGRAPHY] was conducted as a security 20 surveillance system, notice of the viewing or production [PHOTOGRAPHY] was 21 posted, and any viewing or use of pictures produced is done only in the interest of 22 crime prevention or prosecution. 23  * Sec. 12. AS 11.61.123(f) is amended to read: 24 (f) Indecent viewing or production of a picture [PHOTOGRAPHY] is a 25 (1) class C felony if 26 (A) the person violates (a)(1) or (2) of this section and the person 27 viewed or shown in a picture was, at the time of the viewing or production of the 28 picture, under 16 years of age [A MINOR]; or  29 (B) the person violates (a)(2) of this section and the person shown  30 in a picture was, at the time of the production of the picture, an adult  31 (2) class A misdemeanor if the person violates (a)(1) of this section  01 and the person viewed [OR SHOWN] in a picture was, at the time of the viewing 02 [OR PRODUCTION] of the picture, an adult. 03  * Sec. 13. AS 11.81.900(b)(59) is amended to read: 04 (59) "sexual contact" means 05 (A) the defendant's 06 (i) knowingly touching, directly or through clothing, the 07 victim's genitals, anus, or female breast; [OR] 08 (ii) knowingly causing the victim to touch, directly or 09 through clothing, the defendant's or victim's genitals, anus, or female 10 breast; or  11 (iii) knowingly causing the victim to come into  12 contact with semen;  13 (B) but "sexual contact" does not include acts 14 (i) that may reasonably be construed to be normal 15 caretaker responsibilities for a child, interactions with a child, or 16 affection for a child; 17 (ii) performed for the purpose of administering a 18 recognized and lawful form of treatment that is reasonably adapted to 19 promoting the physical or mental health of the person being treated; or 20 (iii) that are a necessary part of a search of a person 21 committed to the custody of the Department of Corrections or the 22 Department of Health and Social Services; 23  * Sec. 14. AS 12.55.125(d) is amended to read: 24 (d) Except as provided in (i) of this section, a defendant convicted of a class B 25 felony may be sentenced to a definite term of imprisonment of not more than 10 years, 26 and shall be sentenced to a definite term within the following presumptive ranges, 27 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 28 (1) if the offense is a first felony conviction and does not involve 29 circumstances described in (2) or (5) of this subsection, zero to two years; a defendant 30 sentenced under this paragraph may, if the court finds it appropriate, be granted a 31 suspended imposition of sentence under AS 12.55.085; 01 (2) if the offense is a first felony conviction, the defendant violated 02 AS 11.41.130, and the victim was 03 (A) a child under 16 years of age, two to four years; or 04 (B) was 16 years of age or older, one to three years; 05 (3) if the offense is a second felony conviction, two to five years; 06 (4) if the offense is a third felony conviction, four to 10 years;  07 (5) if the defendant violated AS 11.41.210(a)(1) and  08 (A) the offense is a first felony conviction, one to three  09 years;  10 (B) the offense is a second felony conviction, four to seven  11 years;  12 (C) the offense is a third felony conviction, six to ten years. 13  * Sec. 15. AS 12.55.125(i) is amended to read: 14 (i) A defendant convicted of 15 (1) sexual assault in the first degree, sexual abuse of a minor in the 16 first degree, or sex trafficking in the first degree under AS 11.66.110(a)(2) may be 17 sentenced to a definite term of imprisonment of not more than 99 years and shall be 18 sentenced to a definite term within the following presumptive ranges, subject to 19 adjustment as provided in AS 12.55.155 - 12.55.175: 20 (A) if the offense is a first felony conviction, the offense does 21 not involve circumstances described in (B) of this paragraph, and the victim 22 was 23 (i) less than 13 years of age, 25 to 35 years; 24 (ii) 13 years of age or older, 20 to 30 years; 25 (B) if the offense is a first felony conviction and the defendant 26 possessed a firearm, used a dangerous instrument, or caused serious physical 27 injury during the commission of the offense, 25 to 35 years; 28 (C) if the offense is a second felony conviction and does not 29 involve circumstances described in (D) of this paragraph, 30 to 40 years; 30 (D) if the offense is a second felony conviction and the 31 defendant has a prior conviction for a sexual felony, 35 to 45 years; 01 (E) if the offense is a third felony conviction and the defendant 02 is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 03 to 60 years; 04 (F) if the offense is a third felony conviction, the defendant is 05 not subject to sentencing under (l) of this section, and the defendant has two 06 prior convictions for sexual felonies, 99 years; 07 (2) unlawful exploitation of a minor under AS 11.41.455(c)(2), 08 [ONLINE] enticement of a minor under AS 11.41.452(e), or attempt, conspiracy, or 09 solicitation to commit sexual assault in the first degree, sexual abuse of a minor in the 10 first degree, or sex trafficking in the first degree under AS 11.66.110(a)(2) may be 11 sentenced to a definite term of imprisonment of not more than 99 years and shall be 12 sentenced to a definite term within the following presumptive ranges, subject to 13 adjustment as provided in AS 12.55.155 - 12.55.175: 14 (A) if the offense is a first felony conviction, the offense does 15 not involve circumstances described in (B) of this paragraph, and the victim 16 was 17 (i) under 13 years of age, 20 to 30 years; 18 (ii) 13 years of age or older, 15 to 30 years; 19 (B) if the offense is a first felony conviction and the defendant 20 possessed a firearm, used a dangerous instrument, or caused serious physical 21 injury during the commission of the offense, 25 to 35 years; 22 (C) if the offense is a second felony conviction and does not 23 involve circumstances described in (D) of this paragraph, 25 to 35 years; 24 (D) if the offense is a second felony conviction and the 25 defendant has a prior conviction for a sexual felony, 30 to 40 years; 26 (E) if the offense is a third felony conviction, the offense does 27 not involve circumstances described in (F) of this paragraph, and the defendant 28 is not subject to sentencing under (l) of this section, 35 to 50 years; 29 (F) if the offense is a third felony conviction, the defendant is 30 not subject to sentencing under (l) of this section, and the defendant has two 31 prior convictions for sexual felonies, 99 years; 01 (3) sexual assault in the second degree, sexual abuse of a minor in the 02 second degree, [ONLINE] enticement of a minor under AS 11.41.452(d), unlawful 03 exploitation of a minor under AS 11.41.455(c)(1), or distribution of child pornography 04 under AS 11.61.125(e)(2) may be sentenced to a definite term of imprisonment of not 05 more than 99 years and shall be sentenced to a definite term within the following 06 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 07 (A) if the offense is a first felony conviction, five to 15 years; 08 (B) if the offense is a second felony conviction and does not 09 involve circumstances described in (C) of this paragraph, 10 to 25 years; 10 (C) if the offense is a second felony conviction and the 11 defendant has a prior conviction for a sexual felony, 15 to 30 years; 12 (D) if the offense is a third felony conviction and does not 13 involve circumstances described in (E) of this paragraph, 20 to 35 years; 14 (E) if the offense is a third felony conviction and the defendant 15 has two prior convictions for sexual felonies, 99 years; 16 (4) sexual assault in the third degree, sexual abuse of a minor in the  17 third degree if the victim is at least six years younger than the offender, incest, 18 indecent exposure in the first degree, indecent viewing or production of a picture  19 under AS 11.61.123(a) if the person viewed or shown in the picture was, at the  20 time of the viewing or production, under 16 years of age, possession of child 21 pornography, distribution of child pornography under AS 11.61.125(e)(1), or attempt, 22 conspiracy, or solicitation to commit sexual assault in the second degree, sexual abuse 23 of a minor in the second degree, unlawful exploitation of a minor, or distribution of 24 child pornography, may be sentenced to a definite term of imprisonment of not more 25 than 99 years and shall be sentenced to a definite term within the following 26 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 27 (A) if the offense is a first felony conviction, two to 12 years; 28 (B) if the offense is a second felony conviction and does not 29 involve circumstances described in (C) of this paragraph, eight to 15 years; 30 (C) if the offense is a second felony conviction and the 31 defendant has a prior conviction for a sexual felony, 12 to 20 years; 01 (D) if the offense is a third felony conviction and does not 02 involve circumstances described in (E) of this paragraph, 15 to 25 years; 03 (E) if the offense is a third felony conviction and the defendant 04 has two prior convictions for sexual felonies, 99 years. 05  * Sec. 16. AS 12.55.145(a) is amended to read: 06 (a) For purposes of considering prior convictions in imposing sentence under 07 (1) AS 12.55.125(c), (d), or (e), 08 (A) a prior conviction may not be considered if a period of 10 09 or more years has elapsed between the date of the defendant's unconditional 10 discharge on the immediately preceding offense and commission of the present 11 offense unless the prior conviction was for an unclassified or class A felony; 12 (B) a conviction in this or another jurisdiction of an offense 13 having elements similar to those of a felony defined as such under Alaska law 14 at the time the offense was committed is considered a prior felony conviction; 15 (C) two or more convictions arising out of a single, continuous 16 criminal episode during which there was no substantial change in the nature of 17 the criminal objective are considered a single conviction unless the defendant 18 was sentenced to consecutive sentences for the crimes; offenses committed 19 while attempting to escape or avoid detection or apprehension after the 20 commission of another offense are not part of the same criminal episode or 21 objective; 22 (2) AS 12.55.125(l), 23 (A) a conviction in this or another jurisdiction of an offense 24 having elements similar to those of a most serious felony is considered a prior 25 most serious felony conviction; 26 (B) commission of and conviction for offenses relied on as 27 prior most serious felony offenses must occur in the following order: 28 conviction for the first offense must occur before commission of the second 29 offense, and conviction for the second offense must occur before commission 30 of the offense for which the defendant is being sentenced; 31 (3) AS 12.55.135(g), 01 (A) a prior conviction may not be considered if a period of five 02 or more years has elapsed between the date of the defendant's unconditional 03 discharge on the immediately preceding offense and commission of the present 04 offense unless the prior conviction was for an unclassified or class A felony; 05 (B) a conviction in this or another jurisdiction of an offense 06 having elements similar to those of a crime against a person or a crime 07 involving domestic violence is considered a prior conviction; 08 (C) two or more convictions arising out of a single, continuous 09 criminal episode during which there was no substantial change in the nature of 10 the criminal objective are considered a single conviction unless the defendant 11 was sentenced to consecutive sentences for the crimes; offenses committed 12 while attempting to escape or avoid detection or apprehension after the 13 commission of another offense are not part of the same criminal episode or 14 objective; 15 (4) AS 12.55.125(i), 16 (A) a conviction in this or another jurisdiction of an offense 17 having elements similar to those of a sexual felony is a prior conviction for a 18 sexual felony; 19 (B) a felony conviction in another jurisdiction making it a 20 crime to commit any lewd and lascivious act upon a child under the age of 16 21 years, with the intent of arousing, appealing to, or gratifying the sexual desires 22 of the defendant or the victim is a prior conviction for a sexual felony; 23 (C) two or more convictions arising out of a single, continuous 24 criminal episode during which there was no substantial change in the nature of 25 the criminal objective are considered a single conviction unless the defendant 26 was sentenced to consecutive sentences for the crimes; offenses committed 27 while attempting to escape or avoid detection or apprehension after the 28 commission of another offense are not part of the same criminal episode or 29 objective; 30 (D) a conviction in this or another jurisdiction of an offense  31 having elements similar to those of a felony defined as such under Alaska  01 law at the time the offense was committed is considered a prior felony  02 conviction;  03 (5) AS 12.55.135(a), 04 (A) a prior conviction may not be considered if a period of five 05 or more years has elapsed between the date of the defendant's unconditional 06 discharge on the immediately preceding offense and commission of the present 07 offense unless the prior conviction was for an unclassified or class A felony; 08 (B) a conviction in this or another jurisdiction of an offense 09 having elements similar to those of a felony or misdemeanor defined as such 10 under Alaska law at the time the offense was committed is considered a prior 11 conviction; 12 (C) two or more convictions arising out of a single, continuous 13 criminal episode during which there was no substantial change in the nature of 14 the criminal objective are considered a single conviction unless the defendant 15 was sentenced to consecutive sentences for the crimes; offenses committed 16 while attempting to escape or avoid detection or apprehension after the 17 commission of another offense are not part of the same criminal episode or 18 objective. 19  * Sec. 17. AS 12.55.185(10) is amended to read: 20 (10) "most serious felony" means 21 (A) arson in the first degree, sex trafficking in the first degree 22 under AS 11.66.110(a)(2), [ONLINE] enticement of a minor under 23 AS 11.41.452(e), or any unclassified or class A felony prescribed under 24 AS 11.41; or 25 (B) an attempt, or conspiracy to commit, or criminal 26 solicitation under AS 11.31.110 of, an unclassified felony prescribed under 27 AS 11.41; 28  * Sec. 18. AS 12.55.185(16) is amended to read: 29 (16) "sexual felony" means sexual assault in the first degree, sexual 30 abuse of a minor in the first degree, sex trafficking in the first degree, sexual assault in 31 the second degree, sexual abuse of a minor in the second degree, sexual abuse of a  01 minor in the third degree if the victim is at least six years younger than the  02 offender, unlawful exploitation of a minor, indecent viewing or production of a  03 picture under AS 11.61.123(a) if the person viewed or shown in the picture was,  04 at the time of the viewing or production, under 16 years of age, distribution of 05 child pornography, sexual assault in the third degree, incest, indecent exposure in the 06 first degree, possession of child pornography, [ONLINE] enticement of a minor, and 07 felony attempt, conspiracy, or solicitation to commit those crimes; 08  * Sec. 19. AS 12.63.100(5) is amended to read: 09 (5) "sex offender or child kidnapper" means 10 (A) a person convicted of a sex offense or child kidnapping in 11 this state or another jurisdiction regardless of whether the conviction occurred 12 before, after, or on January 1, 1999; or  13 (B) a person who is required to register as a sex offender or  14 child kidnapper under the laws of another jurisdiction; 15  * Sec. 20. AS 12.63.100(6) is amended to read: 16 (6) "sex offense" means 17 (A) a crime under AS 11.41.100(a)(3), or a similar law of 18 another jurisdiction, in which the person committed or attempted to commit a 19 sexual offense, or a similar offense under the laws of the other jurisdiction; in 20 this subparagraph, "sexual offense" has the meaning given in 21 AS 11.41.100(a)(3); 22 (B) a crime under AS 11.41.110(a)(3), or a similar law of 23 another jurisdiction, in which the person committed or attempted to commit 24 one of the following crimes, or a similar law of another jurisdiction: 25 (i) sexual assault in the first degree; 26 (ii) sexual assault in the second degree; 27 (iii) sexual abuse of a minor in the first degree; or 28 (iv) sexual abuse of a minor in the second degree; 29 (C) a crime, or an attempt, solicitation, or conspiracy to commit 30 a crime, under the following statutes or a similar law of another jurisdiction: 31 (i) AS 11.41.410 - 11.41.438; 01 (ii) AS 11.41.440(a)(2); 02 (iii) AS 11.41.450 - 11.41.458; 03 (iv) AS 11.41.460 or AS 26.05.900(c) if the indecent 04 exposure is before a person under 16 years of age and the offender has 05 previously been convicted under AS 11.41.460 or AS 26.05.900(c); 06 (v) AS 11.61.125 - 11.61.128; 07 (vi) AS 11.66.110, 11.66.130(a)(2)(B), or 08 AS 26.05.900(b) if the person who was induced or caused to engage in 09 prostitution was under 20 years of age at the time of the offense; 10 (vii) former AS 11.15.120, former 11.15.134, or assault 11 with the intent to commit rape under former AS 11.15.160, former 12 AS 11.40.110, or former 11.40.200; 13 (viii) AS 11.61.118(a)(2) if the offender has a previous 14 conviction for that offense; 15 (ix) AS 11.66.100(a)(2) if the offender is subject to 16 punishment under AS 11.66.100(e);  17 (x) AS 26.05.890 if the person engaged in sexual 18 penetration or sexual contact with the victim; 19 (xi) AS 26.05.890 if, at the time of the offense, the 20 victim is under a duty to obey the lawful orders of the offender, 21 regardless of whether the offender is in the direct chain of command 22 over the victim; 23 (xii) AS 26.05.893 if the person engaged in sexual 24 penetration or sexual contact with the victim; 25 (xiii) AS 26.05.900(a)(1) - (4) if the victim is under 18 26 years of age at the time of the offense; [OR] 27 (xiv) AS 26.05.900 if, at the time of the offense, the 28 victim is under a duty to obey the lawful orders of the offender, 29 regardless of whether the offender is in the direct chain of command 30 over the victim; or  31 (xv) AS 11.61.123 if the offender is subject to  01 punishment under AS 11.61.123(f)(1); [OR] 02 (D) an offense, or an attempt, solicitation, or conspiracy to 03 commit an offense, under AS 26.05.935(b), or a similar law of another 04 jurisdiction, if the member of the militia commits one of the following 05 enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform 06 Code of Military Justice): 07 (i) child pornography; or 08 (ii) pandering and prostitution if the person who is 09 induced, enticed, caused, or procured to engage in a sexual act is under 10 20 years of age at the time of the offense; or  11 (E) an offense in which the person is required to register as  12 a sex offender under the laws of another jurisdiction;  13  * Sec. 21. AS 33.16.090(a) is amended to read: 14 (a) A prisoner sentenced to an active term of imprisonment of at least 181 15 days may, in the discretion of the board, be released on discretionary parole if the 16 prisoner 17 (1) has served the amount of time specified under (b) of this section, 18 except that 19 (A) a prisoner sentenced to one or more mandatory 99-year 20 terms under AS 12.55.125(a) or one or more definite terms under 21 AS 12.55.125(l) is not eligible for consideration for discretionary parole; 22 (B) a prisoner is not eligible for consideration of discretionary 23 parole if made ineligible by order of a court under AS 12.55.115; 24 (C) a prisoner imprisoned under AS 12.55.086 is not eligible 25 for discretionary parole unless the actual term of imprisonment is more than 26 one year; 27 (D) a prisoner sentenced to a single sentence within or  28 below a presumptive range set out in AS 12.55.125(i)(1) and (2), and has  29 not been allowed by the three-judge panel under AS 12.55.175 to be  30 considered for discretionary parole release, is not eligible for  31 consideration of discretionary parole;  01 (E) a sentence that is ineligible for a good time deduction  02 under AS 33.20.010(a)(3) and has not been allowed by the three-judge  03 panel under AS 12.55.175 to be considered for discretionary parole  04 release, is not eligible for consideration for discretionary parole; or 05 (2) is at least 60 years of age, has served at least 10 years of a sentence 06 for one or more crimes in a single judgment, and has not been convicted of an 07 unclassified felony or a sexual felony as defined in AS 12.55.185. 08  * Sec. 22. AS 11.41.432(a)(2) and AS 33.16.090(b)(2) are repealed. 09  * Sec. 23. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 APPLICABILITY. (a) The following sections apply to offenses committed on or after 12 the effective date of this Act: 13 (1) AS 11.41.432(b), as amended by sec. 2 of this Act; 14 (2) AS 11.41.452(a), as amended by sec. 4 of this Act; 15 (3) AS 11.41.452(d), as amended by sec. 5 of this Act; 16 (4) AS 11.41.452(e), as amended by sec. 6 of this Act; 17 (5) AS 11.61.120(a), as amended by sec. 8 of this Act; 18 (6) AS 11.61.123(a), as amended by sec. 9 of this Act; 19 (7) AS 11.61.123(f), as amended by sec. 12 of this Act; 20 (8) AS 11.81.900(b)(59), as amended by sec. 13 of this Act; 21 (9) AS 12.55.125(d), as amended by sec. 14 of this Act; 22 (10) AS 12.55.125(i), as amended by sec. 15 of this Act; 23 (11) AS 12.55.145(a), as amended by sec. 16 of this Act; 24 (12) AS 12.55.185(10), as amended by sec. 17 of this Act; 25 (13) AS 12.55.185(16), as amended by sec. 18 of this Act. 26 (b) The following sections apply to the duty to register as a sex offender for offenses 27 committed on or after the effective date of this Act: 28 (1) AS 12.63.100(5), as amended by sec. 19 of this Act; 29 (2) AS 12.63.100(6), as amended by sec. 20 of this Act. 30 (c) AS 33.16.090(a), as amended by sec. 21 of this Act, applies to parole granted on 31 or after the effective date of this Act for conduct occurring on or after the effective date of this 01 Act. 02  * Sec. 24. This Act takes effect July 1, 2019.