HB 354: "An Act relating to criminal sexual inducement of a minor, to distribution of pornography to minors, and to sex offenses."
00HOUSE BILL NO. 354 01 "An Act relating to criminal sexual inducement of a minor, to distribution of 02 pornography to minors, and to sex offenses." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.41 is amended by adding a new section to read: 05 Sec. 11.41.452. Criminal sexual inducement of a minor. (a) A person 06 commits the crime of criminal sexual solicitation of a minor if, being 16 years of age 07 or older, the offender engages in a course of conduct with a person who the offender 08 believes is under 18 years of age and at least three years younger than the offender 09 with the intent to induce the person to engage in sexual penetration or sexual contact 10 or conduct described in AS 11.41.455(a)(1) - (7) with the offender or another person. 11 (b) In a prosecution under this section, it is not a defense that the victim was 12 not actually under 18 years of age or at least three years younger than the offender. 13 (c) Criminal sexual inducement of a minor is a class C felony. 14 * Sec. 2. AS 11.61 is amended by adding a new section to read:
01 Sec. 11.61.128. Distribution of pornography to minors. (a) A person 02 commits the crime of distribution of pornography to minors if the person 03 (1) distributes any material that visually or aurally depicts pornography 04 to a person the offender believes to be a person under the age of 18 and at least three 05 years younger than the offender; or 06 (2) engages in communication with a person who the offender believes 07 to be under the age of 18 and at least three years younger than the offender and the 08 communication describes or discusses conduct that is pornographic. 09 (b) This section does not apply to 10 (1) distribution or communication undertaken for a legitimate 11 therapeutic or educational purpose by a medical, mental health, or educational 12 professional licensed by the state; 13 (2) distribution that occurs as part of an exhibition or performance of 14 a motion picture if the distribution is performed within the scope of employment by 15 a motion picture operator or projectionist employed by the owner or manager of a 16 theater or other place for the showing of motion pictures, unless the motion picture 17 operator or projectionist 18 (A) has a financial interest in the theater or place in which 19 employed; or 20 (B) causes the performance or motion picture to be performed 21 or exhibited without the consent of the manager or owner of the theater or 22 other exhibition venue. 23 (c) In a prosecution under this section, it is not a defense that the victim was 24 not actually under 18 years of age or at least three years younger than the offender. 25 (d) In this section, "pornography" means the following actual or simulated 26 conduct: 27 (1) sexual penetration; 28 (2) the lewd touching of another person's genitals, anus, or breast; 29 (3) masturbation; 30 (4) bestiality; 31 (5) the lewd exhibition of a person's genitals, anus, or breast; or
01 (6) sexual masochism or sadism. 02 (e) Distribution of pornography to minors is a class B felony. 03 * Sec. 3. AS 12.63.100(6) is amended to read: 04 (6) "sex offense" means 05 (A) a crime under AS 11.41.100(a)(3), or a similar law of 06 another jurisdiction, in which the person committed or attempted to commit a 07 sexual offense, or a similar offense under the laws of the other jurisdiction; in 08 this subparagraph, "sexual offense" has the meaning given in 09 AS 11.41.100(a)(3); 10 (B) a crime under AS 11.41.110(a)(3), or a similar law of 11 another jurisdiction, in which the person committed or attempted to commit one 12 of the following crimes, or a similar law of another jurisdiction: 13 (i) sexual assault in the first degree; 14 (ii) sexual assault in the second degree; 15 (iii) sexual abuse of a minor in the first degree; or 16 (iv) sexual abuse of a minor in the second degree; 17 (C) a crime, or an attempt, solicitation, or conspiracy to commit 18 a crime, under the following statutes or a similar law of another jurisdiction: 19 (i) AS 11.41.410 - 11.41.438; 20 (ii) AS 11.41.440(a)(2); 21 (iii) AS 11.41.450 - 11.41.458; 22 (iv) AS 11.41.460 if the indecent exposure is before a 23 person under 16 years of age and the offender has a previous conviction 24 for that offense; 25 (v) AS 11.61.125 , [OR] 11.61.127 , or 11.61.128 ; 26 (vi) AS 11.66.110 or 11.66.130(a)(2) if the person who 27 was induced or caused to engage in prostitution was 16 or 17 years of 28 age at the time of the offense; or 29 (vii) former AS 11.15.120, former 11.15.134, or assault 30 with the intent to commit rape under former AS 11.15.160, former 31 AS 11.40.110, or former 11.40.200;