00 SENATE BILL NO. 165 01 "An Act relating to sex trafficking; establishing the crime of patron of a victim of sex 02 trafficking; relating to the crime of human trafficking; relating to sentencing for sex 03 trafficking and patron of a victim of sex trafficking; establishing the process for a 04 vacation of judgment for a conviction of prostitution; and providing for an effective 05 date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07  * Section 1. AS 04.06.110 is amended to read: 08 Sec. 04.06.110. Peace officer powers. The director and the persons employed 09 for the administration and enforcement of this title may, with the concurrence of the 10 commissioner of public safety, exercise the powers of peace officers when those 11 powers are specifically granted by the board. Powers granted by the board under this 12 section may be exercised only when necessary for the enforcement of the criminally 13 punishable provisions of this title, regulations of the board, and other criminally 01 punishable laws and regulations, including investigation of violations of laws against 02 [PROSTITUTION AND] sex trafficking described in AS 11.41.340 - 11.41.347,  03 patron of a victim of sex trafficking under AS 11.41.350, prostitution under  04 AS 11.66.100, [AS 11.66.100 - 11.66.135] and laws against gambling, promoting 05 gambling, and related offenses described in AS 11.66.200 - 11.66.280. Unless 06 authorized by a search warrant described in AS 12.35, nothing in this section 07 authorizes the use of metal keys, magnetic card keys, or identification cards to access 08 private clubs. 09  * Sec. 2. AS 11.41.340 is amended by adding new sections to read: 10 Sec. 11.41.340. Sex trafficking in the first degree. (a) A person commits the 11 crime of sex trafficking in the first degree if the person 12 (1) as other than a patron of a victim of sex trafficking, induces or 13 causes another person to engage in commercial sexual conduct through the use of 14 force or threat of force against any person; 15 (2) violates AS 11.41.345 and the victim is under 20 years of age; 16 (3) induces or causes a person in that person's legal custody to engage 17 in commercial sexual conduct; or 18 (4) manages, supervises, controls, or owns, either alone or in 19 association with others, a prostitution enterprise or a place of prostitution. 20 (b) Sex trafficking in the first degree is an unclassified felony. 21 Sec. 11.41.345. Sex trafficking in the second degree. (a) A person commits 22 the crime of sex trafficking in the second degree if, as other than a patron of a victim 23 of sex trafficking and with the intent to promote sex trafficking, the person recruits, 24 entices, or otherwise induces or causes another person to engage in commercial sexual 25 conduct. 26 (b) Sex trafficking in the second degree is a class A felony. 27 Sec. 11.41.347. Sex trafficking in the third degree. (a) A person commits the 28 crime of sex trafficking in the third degree if, as other than a patron of a victim of sex 29 trafficking, the person provides services, resources, or other assistance in furtherance 30 of a violation of AS 11.41.340 or 11.41.345. 31 (b) Sex trafficking in the third degree is a class B felony if the value of the 01 services, resources, or other assistance provided is $200 or more. 02 (c) Sex trafficking in the third degree is a class C felony if the value of the 03 services, resources, or other assistance provided is less than $200. 04 Sec. 11.41.350. Patron of a victim of sex trafficking. (a) A person commits 05 the crime of being a patron of a victim of sex trafficking if the person solicits 06 commercial sexual conduct 07 (1) with reckless disregard that the person engaging in the sexual 08 conduct is a victim of sex trafficking; or 09 (2) from a person who is under 18 years of age. 10 (b) Patron of a victim of sex trafficking is a class C felony if the person 11 violates (a)(1) of this section. 12 (c) Patron of a victim of sex trafficking is a class B felony if the person 13 violates (a)(2) of this section. 14 (d) In a prosecution under (c) of this section, it is an affirmative defense that at 15 the time of the alleged offense the defendant 16 (1) reasonably believed the person to be 18 years of age or older; and 17 (2) undertook reasonable measures to verify that the person was 18 18 years of age or older. 19  * Sec. 3. AS 11.41.360(a) is amended to read: 20 (a) A person commits the crime of human trafficking in the first degree if the 21 person 22 (1) [COMPELS OR] induces or causes another person to engage in 23 [SEXUAL CONDUCT,] adult entertainment [,] or labor [IN THE STATE] by force or 24 threat of force against any person;  25 (2) violates AS 11.41.365 and the victim is under 20 years of age [, 26 OR BY DECEPTION]. 27  * Sec. 4. AS 11.41.360(c) is amended to read: 28 (c) Human trafficking in the first degree is an unclassified [A CLASS A] 29 felony. 30  * Sec. 5. AS 11.41.365(a) is amended to read: 31 (a) A person commits the crime of human trafficking in the second degree if 01 under circumstances not proscribed under AS 11.41.340 - 11.41.350 and with the  02 intent to promote human trafficking, the person recruits, entices, or otherwise  03 induces or causes another person to engage in adult entertainment or labor by  04 (1) exposing or threatening to expose confidential information or a  05 secret, whether true or false, tending to subject a person to hatred, contempt, or  06 ridicule; 07 (2) destroying, concealing, or threatening to destroy or conceal an  08 actual or purported passport or immigration document or another actual or  09 purported identification document of any person;  10 (3) threatening to report a person to a government agency for the  11 purpose of arrest or deportation;  12 (4) threatening to collect an unlawful debt;  13 (5) instilling a fear that the person will withhold from any person  14 lodging, food, clothing, or medication;  15 (6) providing or withholding controlled substances from the  16 person; or  17 (7) deception as defined in AS 11.81.900 [OBTAINS A BENEFIT 18 FROM THE COMMISSION OF HUMAN TRAFFICKING UNDER AS 11.41.360, 19 WITH RECKLESS DISREGARD THAT THE BENEFIT IS A RESULT OF THE 20 TRAFFICKING]. 21  * Sec. 6. AS 11.41.365(b) is amended to read: 22 (b) Human trafficking in the second degree is a class A [B] felony. 23  * Sec. 7. AS 11.41 is amended by adding new sections to read: 24 Sec. 11.41.366. Human trafficking in the third degree. (a) A person 25 commits the crime of human trafficking in the third degree if the person provides 26 services, resources, or other assistance in furtherance of a violation of AS 11.41.360 or 27 11.41.365. 28 (b) Human trafficking in the third degree is a class B felony if the value of the 29 services, resources, or other assistance provided is $200 or more. 30 (c) Human trafficking in the third degree is a class C felony if the value of the 31 services, resources, or other assistance provided is less than $200. 01 Sec. 11.41.367. Corroboration of certain testimony not required. In a 02 prosecution under AS 11.41.340 - 11.41.366, it is not necessary that the testimony of 03 the person whose conduct is alleged to have been compelled or promoted be 04 corroborated by the testimony of any other witness or by documentary or other types 05 of evidence. 06 Sec. 11.41.368. Forfeiture. Property used to institute, aid, or facilitate, or 07 received or derived from, a violation of AS 11.41.340 - 11.41.366 may be forfeited at 08 sentencing. 09  * Sec. 8.  AS 11.41.370 is amended by adding new paragraphs to read: 10 (4) "adult entertainment" means the conduct described in 11 AS 23.10.350(f)(1) - (3)(A) and (B); 12 (5) "commercial sexual conduct" means sexual conduct for which 13 anything of value is given or received by any person; in this paragraph, "anything of 14 value" does not include compensation for reasonably apportioned shared expenses of a 15 residence; 16 (6) "place of prostitution" means any place where a person engages in 17 commercial sexual conduct; 18 (7) "prostitution enterprise" means an arrangement in which two or 19 more persons are organized to render commercial sexual conduct; 20 (8) "services, resources, or other assistance" includes financial support, 21 business services, lodging, transportation, providing false identification documents or 22 other documentation, equipment, facilities, or any other service or property regardless 23 of whether the person is compensated; in this paragraph, "services, resources, or other 24 assistance" does not include charitable or humanitarian aid provided directly to a 25 victim of sex trafficking; 26 (9) "sexual conduct" means participating in, observing, or requiring 27 another person to observe sexual contact, sexual penetration, or the conduct described 28 in AS 11.61.140(f); 29 (10) "sexual contact" has the meaning given in AS 11.81.900; 30 (11) "sexual penetration" has the meaning given in AS 11.81.900; 31 (12) "victim of sex trafficking" means a person who has been induced 01 or caused to engage in commercial sexual conduct by the conduct of another person, 02 including 03 (A) force or the threat of force against any person; 04 (B) exposing or threatening to expose confidential information 05 or a secret, whether true or false, tending to subject a person to hatred, 06 contempt, or ridicule; 07 (C) destroying, concealing, or threatening to destroy or conceal 08 an actual or purported passport or immigration document or another actual or 09 purported identification document of any person; 10 (D) threatening to report a person to a government agency for 11 the purpose of arrest or deportation; 12 (E) threatening to collect a debt; 13 (F) instilling a fear that the person will withhold from any 14 person lodging, food, clothing, or medication; 15 (G) providing or withholding controlled substances from the 16 person; 17 (H) deception as defined in AS 11.81.900; or 18 (I) the conduct described in AS 11.41.345. 19  * Sec. 9. AS 11.41.530(a) is amended to read: 20 (a) A person commits the crime of coercion if, under circumstances not  21 proscribed under AS 11.41.340 - 11.41.366, the person compels another to engage in 22 conduct from which there is a legal right to abstain or abstain from conduct in which 23 there is a legal right to engage, by means of instilling in the person who is compelled a 24 fear that, if the demand is not complied with, the person who makes the demand or 25 another may 26 (1) inflict physical injury on anyone, except under circumstances 27 constituting robbery in any degree, or commit any other crime; 28 (2) accuse anyone of a crime; 29 (3) expose confidential information or a secret, whether true or false, 30 tending to subject a person to hatred, contempt, or ridicule or to impair the person's 31 credit or business repute; 01 (4) take or withhold action as a public servant or cause a public servant 02 to take or withhold action; 03 (5) bring about or continue a strike, boycott, or other collective 04 unofficial action, if the property is not demanded or received for the benefit of the 05 group in whose interest the person making the threat or suggestion purports to act; 06 (6) testify or provide information or withhold testimony or information 07 with respect to a person's legal claim or defense. 08  * Sec. 10. AS 11.66.100(c) is amended to read: 09 (c) A person may not be prosecuted under (a)(1) of this section if the 10 (1) person witnessed or was a victim of, and reported to law 11 enforcement in good faith, one or more of the following crimes: 12 (A) murder in the first degree under AS 11.41.100; 13 (B) murder in the second degree under AS 11.41.110; 14 (C) manslaughter under AS 11.41.120; 15 (D) criminally negligent homicide under AS 11.41.130; 16 (E) assault in the first degree under AS 11.41.200; 17 (F) assault in the second degree under AS 11.41.210; 18 (G) assault in the third degree under AS 11.41.220; 19 (H) assault in the fourth degree under AS 11.41.230; 20 (I) sexual assault in the first degree under AS 11.41.410; 21 (J) sexual assault in the second degree under AS 11.41.420; 22 (K) sexual assault in the third degree under AS 11.41.425; 23 (L) sexual assault in the fourth degree under AS 11.41.427; 24 (M) sexual abuse of a minor in the first degree under 25 AS 11.41.434; 26 (N) sexual abuse of a minor in the second degree under 27 AS 11.41.436; 28 (O) sexual abuse of a minor in the third degree under 29 AS 11.41.438; 30 (P) sexual abuse of a minor in the fourth degree under 31 AS 11.41.440; 01 (Q) robbery in the first degree under AS 11.41.500; 02 (R) robbery in the second degree under AS 11.41.510; 03 (S) extortion under AS 11.41.520; 04 (T) coercion under AS 11.41.530; 05 (U) distribution of child pornography under AS 11.61.125; 06 (V) possession of child pornography under AS 11.61.127; 07 (W) sex trafficking in the first degree under AS 11.41.340 08 [AS 11.66.110]; 09 (X) sex trafficking in the second degree under AS 11.41.345 10 [AS 11.66.120]; 11 (Y) sex trafficking in the third degree under AS 11.41.347 12 [AS 11.66.130]; or 13 (Z) sex trafficking in the fourth degree under AS 11.66.135; 14 (2) evidence supporting the prosecution under (a)(1) of this section 15 was obtained or discovered as a result of the person reporting the crime to law 16 enforcement; and 17 (3) person cooperated with law enforcement personnel. 18  * Sec. 11. AS 11.66.100(d) is amended to read: 19 (d) Prostitution [EXCEPT AS PROVIDED IN (e) OF THIS SECTION, 20 PROSTITUTION] is a class B misdemeanor. 21  * Sec. 12. AS 11.66.100 is amended by adding a new subsection to read: 22 (f) In this section, "sexual conduct" has the meaning given in AS 11.41.370. 23  * Sec. 13. AS 11.81.250(a) is amended to read: 24 (a) For purposes of sentencing under AS 12.55, all offenses defined in this 25 title, except murder in the first and second degree, attempted murder in the first 26 degree, solicitation to commit murder in the first degree, conspiracy to commit murder 27 in the first degree, murder of an unborn child, sex trafficking in the first degree  28 under AS 11.41.340, human trafficking in the first degree under AS 11.41.360, 29 sexual assault in the first degree, sexual abuse of a minor in the first degree, 30 misconduct involving a controlled substance in the first degree, [SEX TRAFFICKING 31 IN THE FIRST DEGREE UNDER AS 11.66.110(a)(2),] and kidnapping, are 01 classified on the basis of their seriousness, according to the type of injury 02 characteristically caused or risked by commission of the offense and the culpability of 03 the offender. Except for murder in the first and second degree, attempted murder in the 04 first degree, solicitation to commit murder in the first degree, conspiracy to commit 05 murder in the first degree, murder of an unborn child, sex trafficking in the first  06 degree under AS 11.41.340, human trafficking in the first degree under  07 AS 11.41.360, sexual assault in the first degree, sexual abuse of a minor in the first 08 degree, misconduct involving a controlled substance in the first degree, [SEX 09 TRAFFICKING IN THE FIRST DEGREE UNDER AS 11.66.110(a)(2),] and 10 kidnapping, the offenses in this title are classified into the following categories: 11 (1) class A felonies, which characteristically involve conduct resulting 12 in serious physical injury or a substantial risk of serious physical injury to a person; 13 (2) class B felonies, which characteristically involve conduct resulting 14 in less severe violence against a person than class A felonies, aggravated offenses 15 against property interests, or aggravated offenses against public administration or 16 order; 17 (3) class C felonies, which characteristically involve conduct serious 18 enough to deserve felony classification but not serious enough to be classified as A or 19 B felonies; 20 (4) class A misdemeanors, which characteristically involve less severe 21 violence against a person, less serious offenses against property interests, less serious 22 offenses against public administration or order, or less serious offenses against public 23 health and decency than felonies; 24 (5) class B misdemeanors, which characteristically involve a minor 25 risk of physical injury to a person, minor offenses against property interests, minor 26 offenses against public administration or order, or minor offenses against public health 27 and decency; 28 (6) violations, which characteristically involve conduct inappropriate 29 to an orderly society but which do not denote criminality in their commission. 30  * Sec. 14. AS 11.81.250(b) is amended to read: 31 (b) The classification of each felony defined in this title, except murder in the 01 first and second degree, attempted murder in the first degree, solicitation to commit 02 murder in the first degree, conspiracy to commit murder in the first degree, murder of 03 an unborn child, sex trafficking in the first degree under AS 11.41.340, human  04 trafficking in the first degree under AS 11.41.360, sexual assault in the first degree, 05 sexual abuse of a minor in the first degree, misconduct involving a controlled 06 substance in the first degree, [SEX TRAFFICKING IN THE FIRST DEGREE 07 UNDER AS 11.66.110(a)(2),] and kidnapping, is designated in the section defining it. 08 A felony under the law of this state defined outside this title for which no penalty is 09 specifically provided is a class C felony. 10  * Sec. 15. AS 12.10.010(a) is amended to read: 11 (a) Prosecution for the following offenses may be commenced at any time: 12 (1) murder; 13 (2) attempt, solicitation, or conspiracy to commit murder or hindering 14 the prosecution of murder; 15 (3) felony sexual abuse of a minor; 16 (4) sexual assault that is an unclassified, class A, or class B felony or a 17 violation of AS 11.41.425(a)(2) - (4); 18 (5) a violation of AS 11.41.425, 11.41.427, 11.41.450 - 11.41.458, 19 AS 11.66.110 - 11.66.130, or former AS 11.41.430, when committed against a person 20 who, at the time of the offense, was under 18 years of age; 21 (6) kidnapping; 22 (7) distribution of child pornography in violation of AS 11.61.125; 23 (8) sex trafficking in violation of AS 11.41.340 and 11.41.345 24 [AS 11.66.110 - 11.66.130 THAT IS AN UNCLASSIFIED, CLASS A, OR CLASS B 25 FELONY OR THAT IS COMMITTED AGAINST A PERSON WHO, AT THE 26 TIME OF THE OFFENSE, WAS UNDER 20 YEARS OF AGE]; 27 (9) human trafficking in violation of AS 11.41.360 and 11.41.365 28 [AS 11.41.360 OR 11.41.365]. 29  * Sec. 16. AS 12.37.010 is amended to read: 30 Sec. 12.37.010. Authorization to intercept communications. The attorney 31 general, or a person designated in writing or by law to act for the attorney general, 01 may authorize, in writing, an ex parte application to a court of competent jurisdiction 02 for an order authorizing the interception of a private communication if the interception 03 may provide evidence of, or may assist in the apprehension of persons who have 04 committed, are committing, or are planning to commit, the following offenses: 05 (1) murder in the first or second degree under AS 11.41.100 - 06 11.41.110; 07 (2) kidnapping under AS 11.41.300; 08 (3) a class A or unclassified felony drug offense under AS 11.71; 09 (4) sex trafficking [IN THE FIRST OR SECOND DEGREE] under 10 AS 11.41.340 and 11.41.345 [AS 11.66.110 AND 11.66.120]; or 11 (5) human trafficking [IN THE FIRST DEGREE] under AS 11.41.360 12 and 11.41.365. 13  * Sec. 17. AS 12.55.035(b) is amended to read: 14 (b) Upon conviction of an offense, a defendant who is not an organization may 15 be sentenced to pay, unless otherwise specified in the provision of law defining the 16 offense, a fine of not more than 17 (1) $500,000 for murder in the first or second degree, attempted 18 murder in the first degree, murder of an unborn child, sex trafficking in the first  19 degree under AS 11.41.340, human trafficking in the first degree under  20 AS 11.41.360, sexual assault in the first degree, sexual abuse of a minor in the first 21 degree, kidnapping, [SEX TRAFFICKING IN THE FIRST DEGREE UNDER 22 AS 11.66.110(a)(2),] or misconduct involving a controlled substance in the first 23 degree; 24 (2) $250,000 for a class A felony; 25 (3) $100,000 for a class B felony; 26 (4) $50,000 for a class C felony; 27 (5) $25,000 for a class A misdemeanor; 28 (6) $2,000 for a class B misdemeanor; 29 (7) $500 for a violation. 30  * Sec. 18. AS 12.55.078(f) is amended to read: 31 (f) The court may not suspend the imposition or entry of judgment and may 01 not defer prosecution under this section of a person who 02 (1) is charged with a violation of AS 11.41.100 - 11.41.220, 11.41.260 03 - 11.41.320, 11.41.340 - 11.41.370 [11.41.360 - 11.41.370], 11.41.410 - 11.41.530, 04 AS 11.46.400, or AS 11.61.125 - 11.61.128 [, OR AS 11.66.110 - 11.66.135]; 05 (2) uses a firearm in the commission of the offense for which the 06 person is charged; 07 (3) has previously been granted a suspension of judgment under this 08 section or a similar statute in another jurisdiction, unless the court enters written 09 findings that by clear and convincing evidence the person's prospects for rehabilitation 10 are high and suspending judgment under this section adequately protects the victim of 11 the offense, if any, and the community; 12 (4) is charged with a violation of AS 11.41.230, 11.41.250, or a felony 13 and the person has one or more prior convictions for a misdemeanor violation of 14 AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction 15 having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a 16 felony in this state; for the purposes of this paragraph, a person shall be considered to 17 have a prior conviction even if 18 (A) the charges were dismissed under this section; 19 (B) the conviction has been set aside under AS 12.55.085; or 20 (C) the charge or conviction was dismissed or set aside under 21 an equivalent provision of the laws of another jurisdiction; or 22 (5) is charged with a crime involving domestic violence, as defined in 23 AS 18.66.990. 24  * Sec. 19. AS 12.55.085(f) is amended to read: 25 (f) The court may not suspend the imposition of sentence of a person who 26 (1) is convicted of a violation of AS 11.41.100 - 11.41.220, 11.41.260 27 - 11.41.320, 11.41.340 - 11.41.370 [11.41.360 - 11.41.370], 11.41.410 - 11.41.530, 28 AS 11.46.400, or AS 11.61.125 - 11.61.128 [, OR AS 11.66.110 - 11.66.135]; 29 (2) uses a firearm in the commission of the offense for which the 30 person is convicted; or 31 (3) is convicted of a violation of AS 11.41.230 - 11.41.250 or a felony 01 and the person has one or more prior convictions for a misdemeanor violation of 02 AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction 03 having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a 04 felony in this state; for the purposes of this paragraph, a person shall be considered to 05 have a prior conviction even if that conviction has been set aside under (e) of this 06 section or under the equivalent provision of the laws of another jurisdiction. 07  * Sec. 20. AS 12.55.125(b) is amended to read: 08 (b) A defendant convicted of attempted murder in the first degree, solicitation 09 to commit murder in the first degree, conspiracy to commit murder in the first degree, 10 kidnapping, human trafficking in the first degree, or misconduct involving a 11 controlled substance in the first degree shall be sentenced to a definite term of 12 imprisonment of at least five years but not more than 99 years. A defendant convicted 13 of murder in the second degree or murder of an unborn child under 14 AS 11.41.150(a)(2) - (4) shall be sentenced to a definite term of imprisonment of at 15 least 15 years but not more than 99 years. A defendant convicted of murder in the 16 second degree shall be sentenced to a definite term of imprisonment of at least 20 17 years but not more than 99 years when the defendant is convicted of the murder of a 18 child under 16 years of age and the court finds by clear and convincing evidence that 19 the defendant (1) was a natural parent, a stepparent, an adoptive parent, a legal 20 guardian, or a person occupying a position of authority in relation to the child; or (2) 21 caused the death of the child by committing a crime against a person under 22 AS 11.41.200 - 11.41.530. In this subsection, "legal guardian" and "position of 23 authority" have the meanings given in AS 11.41.470. 24  * Sec. 21. AS 12.55.125(i) is amended to read: 25 (i) A defendant convicted of 26 (1) sexual assault in the first degree, sex trafficking in the first  27 degree, sexual abuse of a minor in the first degree, or unlawful exploitation of a minor 28 under AS 11.41.455(c)(2) [, OR SEX TRAFFICKING IN THE FIRST DEGREE 29 UNDER AS 11.66.110(a)(2)] may be sentenced to a definite term of imprisonment of 30 not more than 99 years and shall be sentenced to a definite term within the following 31 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 01 (A) if the offense is a first felony conviction, the offense does 02 not involve circumstances described in (B) of this paragraph, and the victim 03 was 04 (i) less than 13 years of age, 25 to 35 years; 05 (ii) 13 years of age or older, 20 to 30 years; 06 (B) if the offense is a first felony conviction and the defendant 07 possessed a firearm, used a dangerous instrument, or caused serious physical 08 injury during the commission of the offense, 25 to 35 years; 09 (C) if the offense is a second felony conviction and does not 10 involve circumstances described in (D) of this paragraph, 30 to 40 years; 11 (D) if the offense is a second felony conviction and the 12 defendant has a prior conviction for a sexual felony, 35 to 45 years; 13 (E) if the offense is a third felony conviction and the defendant 14 is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 15 to 60 years; 16 (F) if the offense is a third felony conviction, the defendant is 17 not subject to sentencing under (l) of this section, and the defendant has two 18 prior convictions for sexual felonies, 99 years; 19 (2) unlawful exploitation of a minor under AS 11.41.455(c)(1), 20 enticement of a minor under AS 11.41.452(e), sex trafficking in the second degree, 21 or attempt, conspiracy, or solicitation to commit sexual assault in the first degree, sex  22 trafficking in the first degree, sexual abuse of a minor in the first degree, or  23 unlawful exploitation of a minor under AS 11.41.455(c)(2) [OR SEX 24 TRAFFICKING IN THE FIRST DEGREE UNDER AS 11.66.110(a)(2)] may be 25 sentenced to a definite term of imprisonment of not more than 99 years and shall be 26 sentenced to a definite term within the following presumptive ranges, subject to 27 adjustment as provided in AS 12.55.155 - 12.55.175: 28 (A) if the offense is a first felony conviction, the offense does 29 not involve circumstances described in (B) of this paragraph, and the victim 30 was 31 (i) under 13 years of age, 20 to 30 years; 01 (ii) 13 years of age or older, 15 to 30 years; 02 (B) if the offense is a first felony conviction and the defendant 03 possessed a firearm, used a dangerous instrument, or caused serious physical 04 injury during the commission of the offense, 25 to 35 years; 05 (C) if the offense is a second felony conviction and does not 06 involve circumstances described in (D) of this paragraph, 25 to 35 years; 07 (D) if the offense is a second felony conviction and the 08 defendant has a prior conviction for a sexual felony, 30 to 40 years; 09 (E) if the offense is a third felony conviction, the offense does 10 not involve circumstances described in (F) of this paragraph, and the defendant 11 is not subject to sentencing under (l) of this section, 35 to 50 years; 12 (F) if the offense is a third felony conviction, the defendant is 13 not subject to sentencing under (l) of this section, and the defendant has two 14 prior convictions for sexual felonies, 99 years; 15 (3) sexual assault in the second degree, sex trafficking in the third  16 degree under AS 11.41.347(b), patron of a victim of sex trafficking under  17 AS 11.41.350(c), sexual abuse of a minor in the second degree, enticement of a minor 18 under AS 11.41.452(d), indecent exposure in the first degree under 19 AS 11.41.458(b)(2), or distribution of child pornography under AS 11.61.125(e)(2), or  20 attempt, conspiracy, or solicitation to commit sex trafficking in the second degree  21 or unlawful exploitation of a minor under AS 11.41.455(c)(1) may be sentenced to 22 a definite term of imprisonment of not more than 99 years and shall be sentenced to a 23 definite term within the following presumptive ranges, subject to adjustment as 24 provided in AS 12.55.155 - 12.55.175: 25 (A) if the offense is a first felony conviction, five to 15 years; 26 (B) if the offense is a second felony conviction and does not 27 involve circumstances described in (C) of this paragraph, 10 to 25 years; 28 (C) if the offense is a second felony conviction and the 29 defendant has a prior conviction for a sexual felony, 15 to 30 years; 30 (D) if the offense is a third felony conviction and does not 31 involve circumstances described in (E) of this paragraph, 20 to 35 years; 01 (E) if the offense is a third felony conviction and the defendant 02 has two prior convictions for sexual felonies, 99 years; 03 (4) sexual assault in the third degree, sex trafficking in the third  04 degree under AS 11.41.347(c), patron of a victim of sex trafficking under  05 AS 11.41.350(b), sexual abuse of a minor in the third degree under AS 11.41.438(c), 06 incest, indecent exposure in the first degree under AS 11.41.458(b)(1), indecent 07 viewing or production of a picture under AS 11.61.123(g)(1) or (2) 08 [AS 11.61.123(f)(1) OR (2)], possession of child pornography, distribution of child 09 pornography under AS 11.61.125(e)(1), or attempt, conspiracy, or solicitation to 10 commit sexual assault in the second degree, sex trafficking in the third degree  11 under AS 11.41.347(b), patron of a victim of sex trafficking under  12 AS 11.41.350(c),  sexual abuse of a minor in the second degree, [UNLAWFUL 13 EXPLOITATION OF A MINOR,] or distribution of child pornography, may be 14 sentenced to a definite term of imprisonment of not more than 99 years and shall be 15 sentenced to a definite term within the following presumptive ranges, subject to 16 adjustment as provided in AS 12.55.155 - 12.55.175: 17 (A) if the offense is a first felony conviction and does not 18 involve the circumstances described in (B) or (C) of this paragraph, two to 12 19 years; 20 (B) if the offense is a first felony conviction under 21 AS 11.61.125(e)(1) and does not involve circumstances described in (C) of this 22 paragraph, four to 12 years; 23 (C) if the offense is a first felony conviction under 24 AS 11.61.125(e)(1), and the defendant hosted, created, or helped host or create 25 a mechanism for multi-party sharing or distribution of child pornography, or 26 received a financial benefit or had a financial interest in a child pornography 27 sharing or distribution mechanism, six to 14 years; 28 (D) if the offense is a second felony conviction and does not 29 involve circumstances described in (E) of this paragraph, eight to 15 years; 30 (E) 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 (F) if the offense is a third felony conviction and does not 02 involve circumstances described in (G) of this paragraph, 15 to 25 years; 03 (G) if the offense is a third felony conviction and the defendant 04 has two prior convictions for sexual felonies, 99 years. 05  * Sec. 22. AS 12.55.185(10) is amended to read: 06 (10) "most serious felony" means 07 (A) arson in the first degree, [SEX TRAFFICKING IN THE 08 FIRST DEGREE UNDER AS 11.66.110(a)(2),] enticement of a minor under 09 AS 11.41.452(e), or any unclassified or class A felony prescribed under 10 AS 11.41; or 11 (B) an attempt, or conspiracy to commit, or criminal 12 solicitation under AS 11.31.110 of, an unclassified felony prescribed under 13 AS 11.41; 14  * Sec. 23. AS 12.55.185(16) is amended to read: 15 (16) "sexual felony" means sex trafficking in the first degree, sexual 16 assault in the first degree, sexual abuse of a minor in the first degree, sex trafficking  17 in the second degree, sex trafficking in the third degree, [SEX TRAFFICKING IN 18 THE FIRST DEGREE,] sexual assault in the second degree, sexual abuse of a minor 19 in the second degree, sexual abuse of a minor in the third degree under 20 AS 11.41.438(c), unlawful exploitation of a minor, indecent viewing or production of 21 a picture under AS 11.61.123(g)(1) or (2) [AS 11.61.123(f)(1) OR (2),] distribution of 22 child pornography, patron of a victim of sex trafficking, sexual assault in the third 23 degree, incest, indecent exposure in the first degree, possession of child pornography, 24 enticement of a minor, and felony attempt, conspiracy, or solicitation to commit those 25 crimes; 26  * Sec. 24. AS 12.62.900(23) is amended to read: 27 (23) "serious offense" means a conviction for a violation or for an 28 attempt, solicitation, or conspiracy to commit a violation of any of the following laws, 29 or of the laws of another jurisdiction with substantially similar elements: 30 (A) a felony offense; 31 (B) a crime involving domestic violence; 01 (C) AS 11.41.410 - 11.41.470; 02 (D) AS 11.51.130 or 11.51.200 - 11.56.210; 03 (E) AS 11.61.110(a)(7) or 11.61.125; 04 (F) [AS 11.66.100 - 11.66.130; 05 (G)] former AS 11.15.120, former 11.15.134, or assault with 06 the intent to commit rape under former AS 11.15.160; or 07 (G) [(H)] former AS 11.40.080, 11.40.110, 11.40.130, or 08 11.40.200 - 11.40.420, if committed before January 1, 1980. 09  * Sec. 25. AS 12.63.100(7) is amended to read: 10 (7) "sex offense" means 11 (A) a crime under AS 11.41.100(a)(3), or a similar law of 12 another jurisdiction, in which the person committed or attempted to commit a 13 sexual offense, or a similar offense under the laws of the other jurisdiction; in 14 this subparagraph, "sexual offense" has the meaning given in 15 AS 11.41.100(a)(3); 16 (B) a crime under AS 11.41.110(a)(3), or a similar law of 17 another jurisdiction, in which the person committed or attempted to commit 18 one of the following crimes, or a similar law of another jurisdiction: 19 (i) sexual assault in the first degree; 20 (ii) sexual assault in the second degree; 21 (iii) sexual abuse of a minor in the first degree; or 22 (iv) sexual abuse of a minor in the second degree; 23 (C) a crime, or an attempt, solicitation, or conspiracy to commit 24 a crime, under the following statutes or a similar law of another jurisdiction: 25 (i) AS 11.41.410 - 11.41.438; 26 (ii) AS 11.41.440(a)(2); 27 (iii) AS 11.41.450 - 11.41.458; 28 (iv) AS 11.41.460 or AS 26.05.900(c) if the indecent 29 exposure is before a person under 16 years of age and the offender has 30 previously been convicted under AS 11.41.460 or AS 26.05.900(c); 31 (v) AS 11.61.125 - 11.61.128; 01 (vi) [AS 11.66.110, 11.66.130(a)(2)(B), OR] 02 AS 26.05.900(b) if the person who was induced or caused to engage in 03 prostitution was under 20 years of age at the time of the offense; 04 (vii) former AS 11.15.120, former 11.15.134, or assault 05 with the intent to commit rape under former AS 11.15.160, former 06 AS 11.40.110, or former 11.40.200; 07 (viii) AS 11.61.118(a)(2) if the offender has a previous 08 conviction for that offense; 09 (ix) [AS 11.66.100(a)(2) IF THE OFFENDER IS 10 SUBJECT TO PUNISHMENT UNDER AS 11.66.100(e); 11 (x)] AS 26.05.890 if the person engaged in sexual 12 penetration or sexual contact with the victim; 13 (x) [(xi)] AS 26.05.890 if, at the time of the offense, the 14 victim is under a duty to obey the lawful orders of the offender, 15 regardless of whether the offender is in the direct chain of command 16 over the victim; 17 (xi) [(xii)] AS 26.05.893 if the person engaged in sexual 18 penetration or sexual contact with the victim; 19 (xii) [(xiii)] AS 26.05.900(a)(1) - (4) if the victim is 20 under 18 years of age at the time of the offense; 21 (xiii) [(xiv)] AS 26.05.900 if, at the time of the offense, 22 the victim is under a duty to obey the lawful orders of the offender, 23 regardless of whether the offender is in the direct chain of command 24 over the victim; or 25 (xiv) [(xv)] AS 11.61.123 if the offender is subject to 26 punishment under AS 11.61.123(g)(1) or (2);  27 (xv) AS 11.41.340 and 11.41.345; or  28 (xvi) AS 11.41.350 [AS 11.61.123(f)(1) OR (2)]; 29 (D) an offense, or an attempt, solicitation, or conspiracy to 30 commit an offense, under AS 26.05.935(b), or a similar law of another 31 jurisdiction, if the member of the militia commits one of the following 01 enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform 02 Code of Military Justice): 03 (i) child pornography; or 04 (ii) pandering and prostitution if the person who is 05 induced, enticed, caused, or procured to engage in a sexual act is under 06 20 years of age at the time of the offense; or 07 (E) an offense in which the person is required to register as a 08 sex offender under the laws of another jurisdiction; 09  * Sec. 26. AS 12 is amended by adding a new chapter to read: 10 Chapter 74. Vacation of Judgment.  11 Sec. 12.74.010. Vacation of judgment of conviction for prostitution. A 12 person convicted of prostitution under AS 11.66.100(a)(1) or a similar ordinance of a 13 municipality may petition the court to vacate the judgement if, at the time of the 14 offense, the person was or would have been a victim of sex trafficking under 15 AS 11.41.340 or 11.41.345. 16 Sec. 12.74.020. Filing of petition for a vacation of conviction for  17 prostitution. (a) A petition under this chapter must be filed with the clerk at the court 18 location where the underlying criminal case was filed and a copy must be served on 19 the prosecuting authority responsible for obtaining the conviction. 20 (b) The prosecuting authority shall file a response within 45 days after service 21 of the petition. 22 Sec. 12.74.030. Limitations on petitions for a vacation of judgment. A 23 petition under this chapter may not be filed until a judgment has been entered or, if the 24 conviction was appealed, until the court's decision is final under the Alaska Rules of 25 Appellate Procedure. 26 Sec. 12.74.040. Burden of proof in vacation of judgment proceedings. The 27 person petitioning the court for a vacation of judgment for a conviction of prostitution 28 under AS 11.66.100(a)(1) must prove all factual assertions by a preponderance of the 29 evidence. 30 Sec. 12.74.050. Vacation of judgment. If the court grants the petition for a 31 vacation of judgment 01 (1) the judgment of conviction for prostitution under 02 AS 11.66.100(a)(1) or a similar ordinance of a municipality shall be vacated; 03 (2) the Alaska Court System may not publish on a publicly available 04 website the court records of the conviction for prostitution under AS 11.66.100(a)(1) 05 or a similar ordinance of a municipality; and 06 (3) the Department of Public Safety may not release information 07 related to the conviction for prostitution under AS 11.66.100(a)(1) or a similar 08 ordinance of a municipality in response to a request under AS 12.62.160(b)(6), (8), or 09 (9). 10  * Sec. 27. AS 18.67.101 is amended to read: 11 Sec. 18.67.101. Incidents and offenses to which this chapter applies. The 12 board may order the payment of compensation in accordance with the provisions of 13 this chapter for personal injury or death that resulted from  14 (1) an attempt on the part of the applicant to prevent the commission of 15 crime, or to apprehend a suspected criminal, or aiding or attempting to aid a police 16 officer to do so, or aiding a victim of crime; [OR] 17 (2) the commission or attempt on the part of one other than the 18 applicant to commit any of the following offenses: 19 (A) murder in any degree; 20 (B) manslaughter; 21 (C) criminally negligent homicide; 22 (D) assault in any degree; 23 (E) kidnapping; 24 (F) sexual assault in any degree; 25 (G) sexual abuse of a minor; 26 (H) robbery in any degree; 27 (I) threats to do bodily harm; 28 (J) driving while under the influence of an alcoholic beverage, 29 inhalant, or controlled substance or another crime resulting from the operation 30 of a motor vehicle, boat, or airplane when the offender is under the influence 31 of an alcoholic beverage, inhalant, or controlled substance; 01 (K) arson in the first degree; 02 (L) [SEX TRAFFICKING IN VIOLATION OF AS 11.66.110 03 OR 11.66.130(a)(2)(B); 04 (M)] human trafficking in any degree; or 05 (M) [(N)] unlawful exploitation of a minor; or  06 (3) the applicant being a victim of sex trafficking under  07 AS 11.41.370(12)(A) - (H). 08  * Sec. 28. AS 28.15.046(c) is amended to read: 09 (c) The department may not issue a license under this section to an applicant 10 (1) who has been convicted of any of the following offenses: 11 (A) a violation, or an attempt, solicitation, or conspiracy to 12 commit a violation, of AS 11.41.100 - 11.41.220, 11.41.260 - 11.41.320, 13 11.41.340 - 11.41.370 [11.41.360 - 11.41.370], 11.41.410 - 11.41.470, or 14 11.41.500 - 11.41.530; 15 (B) a felony violation of endangering the welfare of a child in 16 the first degree under AS 11.51.100; 17 (C) felony indecent viewing or production of a picture under 18 AS 11.61.123; 19 (D) distribution of child pornography under AS 11.61.125; 20 (E) possession of child pornography under AS 11.61.127; 21 (F) distribution of indecent material to minors under 22 AS 11.61.128; 23 (G) [FELONY PROSTITUTION UNDER AS 11.66.100(e); 24 (H) SEX TRAFFICKING IN THE FIRST, SECOND, OR 25 THIRD DEGREE UNDER AS 11.66.110 - 11.66.130; 26 (I)] a felony involving distribution of a controlled substance 27 under AS 11.71 or imitation controlled substance under AS 11.73; 28 (H) [(J)] a felony violation under AS 28.35.030(n) or 29 28.35.032(p); or 30 (2) who has been convicted of any of the following offenses and less 31 than two years have elapsed since the applicant's date of conviction for the offense: 01 (A) assault in the fourth degree under AS 11.41.230; 02 (B) reckless endangerment under AS 11.41.250; 03 (C) contributing to the delinquency of a minor under 04 AS 11.51.130; 05 (D) misdemeanor prostitution under AS 11.66.100(a)(2); 06 (E) a misdemeanor violation of endangering the welfare of a 07 child in the first degree under AS 11.51.100. 08  * Sec. 29. AS 34.03.360(10) is amended to read: 09 (10) "illegal activity involving a place of prostitution" means a 10 violation of AS 11.41.340 - 11.41.347 [AS 11.66.120(a)(1) OR 11.66.130(a)(2)(A) 11 OR (D)]; 12  * Sec. 30. AS 43.23.005 is amended by adding a new subsection to read: 13 (i) The provisions in (d) of this section do not apply if an individual's 14 conviction was vacated during the qualifying year under AS 12.74. If an individual 15 becomes eligible under this subsection, the individual is eligible to receive a 16 permanent fund dividend only for the qualifying year in which the conviction was 17 vacated and each subsequent qualifying year that the individual is otherwise eligible 18 under this section. 19  * Sec. 31. AS 47.10.990(33) is amended to read: 20 (33) "sexual abuse" means the conduct described in AS 11.41.410 - 21 11.41.460; conduct constituting "sexual exploitation" as defined in AS 47.17.290, and 22 conduct prohibited by AS 11.41.340 - 11.41.350 [AS 11.66.100 - 11.66.150]; 23  * Sec. 32. AS 47.12.110(d) is amended to read: 24 (d) Notwithstanding (a) of this section, a court hearing on a petition seeking 25 the adjudication of a minor as a delinquent shall be open to the public, except as 26 prohibited or limited by order of the court, if 27 (1) the department files with the court a motion asking the court to 28 open the hearing to the public, and the petition seeking adjudication of the minor as a 29 delinquent is based on 30 (A) the minor's alleged commission of an offense, and the 31 minor has knowingly failed to comply with all the terms and conditions 01 required of the minor by the department or imposed on the minor in a court 02 order entered under AS 47.12.040(a)(2) or 47.12.120; 03 (B) the minor's alleged commission of 04 (i) a crime against a person that is punishable as a 05 felony; 06 (ii) a crime in which the minor employed a deadly 07 weapon, as that term is defined in AS 11.81.900(b), in committing the 08 crime; 09 (iii) arson under AS 11.46.400 - 11.46.410; 10 (iv) burglary under AS 11.46.300; 11 (v) distribution of child pornography under 12 AS 11.61.125; 13 (vi) sex trafficking [IN THE FIRST DEGREE] under 14 AS 11.41.340 and 11.41.345 [AS 11.66.110]; or 15 (vii) misconduct involving a controlled substance under 16 AS 11.71 involving the delivery of a controlled substance or the 17 possession of a controlled substance with intent to deliver, other than 18 an offense under AS 11.71.040 or 11.71.050; or 19 (C) the minor's alleged commission of a felony and the minor 20 was 16 years of age or older at the time of commission of the offense when the 21 minor has previously been convicted or adjudicated a delinquent minor based 22 on the minor's commission of an offense that is a felony; or 23 (2) the minor agrees to a public hearing on the petition seeking 24 adjudication of the minor as a delinquent. 25  * Sec. 33. AS 47.12.315(a) is amended to read: 26 (a) Notwithstanding AS 47.12.310 and except as otherwise provided in this 27 section, the department shall disclose information to the public, on request, concerning 28 a minor subject to this chapter who was at least 13 years of age at the time of 29 commission of 30 (1) a felony offense against a person under AS 11.41; 31 (2) arson in the first or second degree; 01 (3) burglary in the first degree; 02 (4) distribution of child pornography; 03 (5) sex trafficking under AS 11.41.340 and 11.41.345 [IN THE 04 FIRST DEGREE]; 05 (6) misconduct involving a controlled substance in the first, second, or 06 third degrees involving distribution or possession with intent to deliver; or 07 (7) misconduct involving weapons in the first through fourth degrees. 08  * Sec. 34. AS 47.17.290(18) is amended to read: 09 (18) "sexual exploitation" includes 10 (A) allowing, permitting, or encouraging a child to engage in 11 commercial sexual condut prohibited by AS 11.41.340 - 11.41.350 or 12 prostitution prohibited by AS 11.66.100 [AS 11.66.100 - 11.66.150], by a 13 person responsible for the child's welfare; 14 (B) allowing, permitting, encouraging, or engaging in activity 15 prohibited by AS 11.41.455(a), by a person responsible for the child's welfare. 16  * Sec. 35. AS 11.31.120(h)(2)(E), 11.31.120(h)(2)(F); AS 11.41.360(b); AS 11.66.100(b), 17 11.66.100(c)(1)(Z), 11.66.100(e), 11.66.110, 11.66.120, 11.66.130, 11.66.135, 11.66.140, 18 11.66.145, and 11.66.150 are repealed. 19  * Sec. 36. The uncodified law of the State of Alaska is amended by adding a new section to 20 read: 21 APPLICABILITY. (a) The following sections apply to offenses committed on or after 22 the effective date of those sections: 23 (1) AS 11.41.340 - 11.41.350, enacted by sec. 2 of this Act; 24 (2) AS 11.41.360(a), as amended by sec. 3 of this Act; 25 (3) AS 11.41.360(c), as amended by sec. 4 of this Act; 26 (4) AS 11.41.365(a), as amended by sec. 5 of this Act; 27 (5) AS 11.41.365(b), as amended by sec. 6 of this Act; 28 (6) AS 11.41.366 - 11.41.368, enacted by sec. 7 of this Act; 29 (7) AS 11.41.370(4) - (12), enacted by sec. 8 of this Act; 30 (8) AS 11.41.530(a), as amended by sec. 9 of this Act; 31 (9) AS 11.66.100(c), as amended by sec. 10 of this Act; 01 (10) AS 11.66.100(d), as amended by sec. 11 of this Act; 02 (11) AS 11.66.100(f), enacted by sec. 12 of this Act; 03 (12) AS 11.81.250(a), as amended by sec. 13 of this Act; 04 (13) AS 11.81.250(b), as amended by sec. 14 of this Act; 05 (14) AS 12.10.010(a), as amended by sec. 15 of this Act; 06 (15) AS 12.37.010, as amended by sec. 16 of this Act. 07 (b) The following sections apply to sentences imposed on or after the effective date of 08 those sections for conduct occurring on or after the effective date of those sections: 09 (1) AS 12.55.035(b), as amended by sec. 17 of this Act; 10 (2) AS 12.55.078(f), as amended by sec. 18 of this Act; 11 (3) AS 12.55.085(f), as amended by sec. 19 of this Act; 12 (4) AS 12.55.125(b), as amended by sec. 20 of this Act; 13 (5) AS 12.55.125(i), as amended by sec. 21 of this Act; 14 (6) AS 12.55.185(10), as amended by sec. 22 of this Act; 15 (7) AS 12.55.185(16), as amended by sec. 23 of this Act; 16 (8) AS 12.62.900(23), as amended by sec. 24 of this Act. 17 (c) AS 12.63.100(7), as amended by sec. 25 of this Act, applies to the duty to register 18 as a sex offender for offenses committed on or after the effective date of this Act. 19 (d) AS 12.74.010 - 12.74.050, enacted by sec. 26 of this Act, applies to petitions filed 20 on or after the effective date of this Act for conduct occurring before, on, or after the effective 21 date of this Act. 22 (e) AS 28.15.046(b), as amended by sec. 28 of this Act, applies to license applications 23 submitted to the department on or after the effective date of this Act for conduct occurring on 24 or after the effective date of this Act. 25  * Sec. 37. This Act takes effect July 1, 2020.