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

00 HOUSE 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.