CSHB 52(JUD): "An Act relating to the forfeiture of property used to possess or distribute child pornography, to commit indecent viewing or photography, to commit a sex offense, or to solicit the commission of, attempt to commit, or conspire to commit possession or distribution of child pornography, indecent viewing or photography, or a sexual offense."
00 CS FOR HOUSE BILL NO. 52(JUD) 01 "An Act relating to the forfeiture of property used to possess or distribute child 02 pornography, to commit indecent viewing or photography, to commit a sex offense, or to 03 solicit the commission of, attempt to commit, or conspire to commit possession or 04 distribution of child pornography, indecent viewing or photography, or a sexual 05 offense." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 08 to read: 09 INTENT. The forfeitures contemplated by this Act are intended to be forfeitures 10 imposed in connection with conviction for a crime. The legislature intends for the forfeiture 11 to be ordered to the commissioner of public safety or other law enforcement agency. Further, 12 the legislature intends for the courts to continue to provide hearings to interested persons who 13 have an ownership interest in equipment subject to forfeiture under this Act and to allow for
01 remission to innocent nonnegligent third parties as applied in State v. Rice, 626 P.2d 104 02 (Alaska 1981), Fehir v. State, 755 P.2d 1107 (Alaska 1988), and Baum v. State, 24 P.3d 577 03 (Alaska App. 2001). 04 * Sec. 2. AS 11.41 is amended by adding a new section to read: 05 Sec. 11.41.468. Forfeiture of property used in sexual offense. (a) Property 06 used to aid a violation of AS 11.41.410 - 11.41.458 or to aid the solicitation of, 07 attempt to commit, or conspiracy to commit a violation of AS 11.41.410 - 11.41.458 08 may be forfeited to the state upon the conviction of the offender. 09 (b) In this section, "property" means computer equipment, 10 telecommunications equipment, photography equipment, video or audio equipment, 11 books, magazines, photographs, videotapes, audiotapes, and any equipment or device, 12 regardless of format or technology employed, that can be used to store, create, modify, 13 receive, transmit, or distribute digital or analog information, including images, motion 14 pictures, and sounds. 15 * Sec. 3. AS 11.61 is amended by adding a new section to read: 16 Sec. 11.61.129. Forfeiture of property used in indecent viewing or 17 photography or child pornography. (a) Property used to aid a violation of 18 AS 11.61.123 - 11.61.127 or to aid the solicitation of, attempt to commit, or 19 conspiracy to commit a violation of AS 11.61.123 - 11.61.127 may be forfeited to the 20 state upon the conviction of the offender. 21 (b) In this section, "property" has the meaning given in AS 11.41.468.