CSHB 343(JUD): "An Act relating to harassment and assault."
00 CS FOR HOUSE BILL NO. 343(JUD) 01 "An Act relating to harassment and assault." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 11.41.260(a) is amended to read: 04 (a) A person commits the crime of stalking in the first degree if the person 05 violates AS 11.41.270 and 06 (1) the actions constituting the offense are in violation of an order 07 issued or filed under AS 18.66.100 - 18.66.180 or issued under former 08 AS 25.35.010(b) or 25.35.020; 09 (2) the actions constituting the offense are in violation of a condition of 10 probation, release before trial, release after conviction, or parole; 11 (3) the victim is under 16 years of age; 12 (4) at any time during the course of conduct constituting the offense, 13 the defendant possessed a deadly weapon; 14 (5) the defendant has been previously convicted of a crime under this 15 section, AS 11.41.270, or AS 11.56.740, or a law or ordinance of this or another
01 jurisdiction with elements similar to a crime under this section, AS 11.41.270, or 02 AS 11.56.740; or 03 (6) the defendant has been previously convicted of a crime, or an 04 attempt or solicitation to commit a crime, under (A) AS 11.41.100 - 11.41.250, 05 11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, 11.61.120 06 [AS 11.61.120], or (B) a law or an ordinance of this or another jurisdiction with 07 elements similar to a crime, or an attempt or solicitation to commit a crime, under 08 AS 11.41.100 - 11.41.250, 11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, 09 AS 11.61.118, or 11.61.120 [AS 11.61.120], involving the same victim as the present 10 offense. 11 * Sec. 2. AS 11.61 is amended by adding a new section to read: 12 Sec. 11.61.118. Harassment in the first degree. (a) A person commits the 13 crime of harassment in the first degree if the person violates AS 11.61.120(a)(5) and 14 the offensive physical contact is contact with human or animal bodily fluids or feces. 15 (b) Harassment in the first degree is a class A misdemeanor. 16 * Sec. 3. AS 11.61.120 is amended to read: 17 Sec. 11.61.120. Harassment in the second degree. (a) A person commits the 18 crime of harassment in the second degree if, with intent to harass or annoy another 19 person, that person 20 (1) insults, taunts, or challenges another person in a manner likely to 21 provoke an immediate violent response; 22 (2) telephones another and fails to terminate the connection with intent 23 to impair the ability of that person to place or receive telephone calls; 24 (3) makes repeated telephone calls at extremely inconvenient hours; 25 (4) makes an anonymous or obscene telephone call, an obscene 26 electronic communication, or a telephone call or electronic communication that 27 threatens physical injury or sexual contact; or 28 (5) subjects another person to offensive physical contact. 29 (b) Harassment in the second degree is a class B misdemeanor. 30 * Sec. 4. AS 12.55.135(d) is amended to read: 31 (d) A defendant convicted of assault in the fourth degree or harassment in
01 the first degree who knowingly directed the conduct constituting the offense at a 02 uniformed or otherwise clearly identified peace officer, fire fighter, correctional 03 employee, emergency medical technician, paramedic, ambulance attendant, or other 04 emergency responder or medical professional who was engaged in the performance 05 of official duties at the time of the assault or harassment shall be sentenced to a 06 minimum term of imprisonment of 07 (1) 60 days if the defendant violated AS 11.41.230(a)(1) or (2) or 08 AS 11.61.118; 09 (2) 30 days if the defendant violated AS 11.41.230(a)(3). 10 * Sec. 5. AS 12.55.135(j) is amended by adding a new paragraph to read: 11 (3) "medical professional" means a person who is an anesthesiologist, 12 dentist, dental hygienist, health aide, nurse, nurse aid, nurse practitioner, mental health 13 counselor, physician, physician assistant, chiropractor, psychiatrist, osteopath, 14 psychologist, psychological associate, radiologist, surgeon, or x-ray technician, or who 15 holds a substantially similar position.