SB 211: "An Act relating to sexual assault; and relating to endangering the welfare of vulnerable adults and neglect of vulnerable adults."
00SENATE BILL NO. 211 01 "An Act relating to sexual assault; and relating to endangering the welfare of 02 vulnerable adults and neglect of vulnerable adults." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.41.410(a) is amended to read: 05 Sec. 11.41.410. SEXUAL ASSAULT IN THE FIRST DEGREE. (a) An 06 offender commits the crime of sexual assault in the first degree if 07 (1) the offender engages in sexual penetration with another person 08 without consent of that person; 09 (2) the offender attempts to engage in sexual penetration with another 10 person without consent of that person and causes serious physical injury to that person; 11 (3) the offender engages in sexual penetration with another person 12 (A) who the offender knows is mentally incapable; and 13 (B) who is entrusted to the offender's care 14 (i) by authority of law; or
01 (ii) in a facility or program that is required by law to be 02 licensed by the state [DEPARTMENT OF HEALTH AND SOCIAL 03 SERVICES]; or 04 (4) the offender engages in sexual penetration with a person who the 05 offender knows is unaware that a sexual act is being committed and 06 (A) the offender is a health care worker; and 07 (B) the offense takes place during the course of professional 08 treatment of the victim. 09 * Sec. 2. AS 11.41.420(a) is amended to read: 10 (a) An offender commits the crime of sexual assault in the second degree if 11 (1) the offender engages in sexual contact with another person without 12 consent of that person; 13 (2) the offender engages in sexual contact with a person 14 (A) who the offender knows is mentally incapable; and 15 (B) who is entrusted to the offender's care 16 (i) by authority of law; or 17 (ii) in a facility or program that is required by law to be 18 licensed by the state [DEPARTMENT OF HEALTH AND SOCIAL 19 SERVICES]; 20 (3) the offender engages in sexual penetration with a person who the 21 offender knows is 22 (A) mentally incapable; 23 (B) incapacitated; or 24 (C) unaware that a sexual act is being committed; or 25 (4) the offender engages in sexual contact with a person who the 26 offender knows is unaware that a sexual act is being committed and 27 (A) the offender is a health care worker; and 28 (B) the offense takes place during the course of professional 29 treatment of the victim. 30 * Sec. 3. AS 11.51 is amended by adding new sections to read: 31 ARTICLE 2. VULNERABLE ADULTS.
01 Sec. 11.51.200. ENDANGERING THE WELFARE OF A VULNERABLE 02 ADULT. (a) A person commits the crime of endangering the welfare of a vulnerable 03 adult if the person intentionally deserts the vulnerable adult in any place under 04 circumstances creating a substantial risk of physical injury to the vulnerable adult and 05 the vulnerable adult is entrusted to the person's care 06 (1) by authority of law; or 07 (2) in a facility or program that is required by law to be licensed by the 08 state. 09 (b) Endangering the welfare of a vulnerable adult is a class C felony. 10 Sec. 11.51.210. CRIMINAL NEGLECT OF A VULNERABLE ADULT. (a) 11 A person commits the crime of criminal neglect of a vulnerable adult if the person 12 fails without lawful excuse to provide support for the vulnerable adult and the 13 vulnerable adult is entrusted to the person's care 14 (1) by authority of law; or 15 (2) in a facility or program that is required by law to be licensed by the 16 state. 17 (b) As used in this section "support" includes necessary food, care, clothing, 18 shelter, and medical attention. There is no failure to provide medical attention to a 19 vulnerable adult if the vulnerable adult is provided treatment solely by spiritual means 20 through prayer in accordance with the tenets and practices of a recognized church or 21 religious denomination of which the vulnerable adult is a member or adherent, 22 provided the vulnerable adult consents to the treatment through spiritual means only, 23 and the treatment is administered by an accredited practitioner of the church or 24 denomination. 25 (c) Criminal nonsupport of a vulnerable adult is a class A misdemeanor. 26 Sec. 11.51.220. DEFINITION OF VULNERABLE ADULT. In AS 11.51.200 27 - 11.51.210, "vulnerable adult" has the meaning given in AS 47.24.900.