HB 11: "An Act relating to the crime of terroristic threatening."
00HOUSE BILL NO. 11 01 "An Act relating to the crime of terroristic threatening." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 11.56.810 is amended to read: 04 Sec. 11.56.810. TERRORISTIC THREATENING IN THE FIRST DEGREE. 05 (a) A person commits the crime of terroristic threatening in the first degree if the 06 person 07 (1) knowingly makes a false report that a circumstance dangerous to 08 human life exists or is about to exist and 09 (A) places a person in fear of physical injury to a [ANY] 10 person; 11 (B) causes evacuation of a building; or 12 (C) causes serious public inconvenience; [OR] 13 (2) with intent to place another person in fear of death or serious 14 physical injury to the person or a [THE PERSON'S IMMEDIATE] family member,
01 makes repeated threats to cause death or serious physical injury to another person; or 02 (3) commits the crime of terroristic threatening in the second 03 degree and 04 (A) the conduct that constitutes the crime violates a court 05 order; 06 (B) the victim is under 16 years of age; 07 (C) within seven years before the commission of the crime 08 the person has been convicted of a crime under AS 11.41.100 - 11.41.440, 09 AS 11.56.740, 11.56.810 - 11.56.814, AS 11.61.120, or a law or an ordinance 10 of this or another jurisdiction with elements similar to a crime under 11 AS 11.41.100 - 11.41.440, AS 11.56.740, 11.56.810 - 11.56.814, or 12 AS 11.61.120; or 13 (D) the person possessed a deadly weapon at the time of 14 committing the offense. 15 (b) Terroristic threatening in the first degree is a class C felony. 16 * Sec. 2. AS 11.56 is amended by adding new sections to read: 17 Sec. 11.56.812. TERRORISTIC THREATENING IN THE SECOND 18 DEGREE. (a) A person commits the crime of terroristic threatening in the second 19 degree if the person recklessly places another person in fear of death or physical 20 injury, or in fear of the death or physical injury of a family member, by knowingly and 21 repeatedly following or lying in wait for the person or family member, or engaging in 22 conduct similar to following or lying in wait for the person or family member. 23 (b) Terroristic threatening in the second degree is a class A misdemeanor. 24 Sec. 11.56.814. DEFINITION. In AS 11.56.810 - 11.56.814, "family member" 25 of a person means 26 (1) a spouse, child, grandchild, parent, grandparent, or sibling of the 27 person; 28 (2) a person who lives in a spousal relationship with the person; or 29 (3) a person who lives in the same household as the person. 30 * Sec. 3. AS 12.25.030(b) is amended to read: 31 (b) In addition to the authority granted under (a) of this section, a peace officer
01 without a warrant may arrest a person when the peace officer has reasonable cause for 02 believing that the person has committed a crime under 03 (1) AS 11.56.740; or 04 (2) AS 11.41, AS 11.46.330, AS 11.56.810(a)(3) - 11.56.814, or 05 AS 11.61.120, or has violated an ordinance with elements substantially similar to the 06 elements of a crime under AS 11.41, AS 11.46.330, AS 11.56.810(a)(3) - 11.56.814, 07 or AS 11.61.120, when the victim is a spouse or former spouse of the person who 08 committed the crime; a parent, grandparent, child, or grandchild of the person who 09 committed the crime; a member of the social unit comprised of those living together 10 in the same dwelling as the person who committed the crime; or another person who 11 is not a spouse or former spouse of the person who committed the crime but who 12 previously lived in a spousal relationship with the person who committed the crime or 13 is in or has been in a dating, courtship, or engagement relationship with the person 14 who committed the crime.