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HB 74: "An Act relating to the assault of children by adults."

00HOUSE BILL NO. 74 01 "An Act relating to the assault of children by adults." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 11.41.220(a) is amended to read: 04  (a) A person commits the crime of assault in the third degree if that person 05  (1) recklessly 06  (A) places another person in fear of imminent serious physical 07 injury by means of a dangerous instrument; 08  (B) causes physical injury to another person by means of a 09 dangerous instrument; or 10  (C) while being 18 years of age or older 11  (i) causes physical injury to a child under 10 years of age 12 and the injury reasonably requires medical treatment; 13  (ii) causes physical injury to a child under 10 years of 14 age on more than one occasion; [OR]

01  (2) with intent to place another person in fear of death or serious 02 physical injury to the person or the person's family member makes repeated threats to 03 cause death or serious physical injury to another person; or 04  (3) while being 18 years of age or older, causes physical injury to 05 a child under 16 years of age but at least 10 years of age and the injury 06 reasonably requires medical treatment. 07 * Sec. 2. AS 11.41.220 is amended by adding a new subsection to read: 08  (d) In a prosecution under (a)(3) of this section, it is an affirmative defense 09 that, at the time of the alleged offense, the defendant reasonably believed the victim 10 to be 16 years of age or older, unless the victim was under 13 years of age at the time 11 of the alleged offense.