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SB 23: "An Act relating to the crime of terroristic threatening."

00SENATE BILL NO. 23 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) is convicted of the crime of terroristic threatening in the second 03 degree and knowingly contacts, except as allowed by court order, the victim or 04 a family member of the victim while the person is serving, including being on 05 probation, the sentence for the crime, or within seven years after the person 06 completes serving the sentence. 07  (b) Terroristic threatening in the first degree is a class C felony. 08 * Sec. 2. AS 11.56 is amended by adding new sections to read: 09  Sec. 11.56.812. TERRORISTIC THREATENING IN THE SECOND 10 DEGREE. (a) A person commits the crime of terroristic threatening in the second 11 degree if the person recklessly places another person in fear of death or physical 12 injury, or in fear of the death or physical injury of a family member, by knowingly and 13 repeatedly following or lying in wait for the person or family member, or engaging in 14 conduct similar to following or lying in wait for the person or family member. 15  (b) Terroristic threatening in the second degree is a class A misdemeanor. 16  Sec. 11.56.814. DEFINITION. In AS 11.56.810 - 11.56.814, "family member" 17 of a person means 18  (1) a spouse, child, grandchild, parent, grandparent, or sibling of the 19 person; 20  (2) a person who lives in a spousal relationship with the person; or 21  (3) a person who lives in the same household as the person. 22 * Sec. 3. AS 12.25.030(b) is amended to read: 23  (b) In addition to the authority granted under (a) of this section, a peace officer 24 without a warrant may arrest a person when the peace officer has reasonable cause for 25 believing that the person has committed a crime under 26  (1) AS 11.56.740; or 27  (2) AS 11.41, AS 11.46.330, AS 11.56.810(a)(3) - 11.56.814, or 28 AS 11.61.120, or has violated an ordinance with elements substantially similar to the 29 elements of a crime under AS 11.41, AS 11.46.330, AS 11.56.810(a)(3) - 11.56.814, 30 or AS 11.61.120, when the victim is a spouse or former spouse of the person who 31 committed the crime; a parent, grandparent, child, or grandchild of the person who

01 committed the crime; a member of the social unit comprised of those living together 02 in the same dwelling as the person who committed the crime; or another person who 03 is not a spouse or former spouse of the person who committed the crime but who 04 previously lived in a spousal relationship with the person who committed the crime or 05 is in or has been in a dating, courtship, or engagement relationship with the person 06 who committed the crime.