00CS FOR HOUSE BILL NO. 188(JUD) am                                                                                       
01 "An Act creating the crime of indecent viewing or photography."                                                         
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 11.61 is amended by adding a new section to read:                                                   
04  Sec. 11.61.123.  INDECENT VIEWING OR PHOTOGRAPHY.  (a)  A person                                                      
05 commits the crime of indecent viewing or photography if, in the state, the person                                       
06 knowingly views, or produces a picture of, the private exposure of the genitals, anus,                                  
07 or female breast of another person and the view or production is without the                                            
08 knowledge or consent of                                                                                                 
09   (1)  the parent or guardian of the person viewed, or who is shown in the                                             
10 picture, if the person who is viewed or shown is under 16 years of age; and                                             
11   (2)  the person viewed or shown in the picture, if the person viewed or                                              
12 shown is at least 13 years of age.                                                                                      
13  (b)  Each viewing of a person, and each production of a picture of a person,                                          
14 whose genitals, anus, or female breast are viewed or are shown in a picture constitutes                                 

01 a separate violation of this section.                                                                                   
02  (c)  Indecent viewing or photography is a                                                                             
03   (1)  class C felony if the person viewed or shown in a picture was, at                                               
04 the time of the viewing or production of the picture, a minor;                                                          
05   (2)  class A misdemeanor if the person viewed or shown in a picture                                                  
06 was, at the time of the viewing or production of the picture, an adult.                                                 
07  (d)  This section does not apply to viewing or photography conducted by a law                                         
08 enforcement agency for a law enforcement purpose.                                                                       
09  (e)  In a prosecution under this section, it is an affirmative defense that the                                       
10 viewing or photography was conducted as a security surveillance system, notice of the                                   
11 viewing or photography was posted, and any viewing or use of pictures produced is                                       
12 done only in the interest of crime prevention or prosecution.                                                           
13  (f)  In this section,                                                                                                 
14   (1)  "picture" means a film, photograph, negative, slide, book,                                                      
15 newspaper, or magazine, whether in print, electronic, magnetic, or digital format; and                                  
16   (2)  "private exposure" means that a person has exposed the person's                                                 
17 body or part of the body in a place, and under circumstances, that the person                                           
18 reasonably believed would not result in the person's body or body parts being (A)                                       
19 viewed by the defendant; or (B) produced in a picture; "private exposure" does not                                      
20 include the exposure of a person's body or body parts in a law enforcement facility,                                    
21 correctional facility, designated treatment facility, or a juvenile detention facility; in                              
22 this paragraph, "correctional facility" has the meaning given in AS 33.30.901,                                          
23 "designated treatment facility" has the meaning given in AS 47.30.915, and "juvenile                                    
24 detention facility" has the meaning given in AS 47.10.990.                                                              
25    * Sec. 2.  APPLICABILITY.  This Act applies to all offenses committed on or after the                                
26 effective date of this Act.