00                     CS FOR HOUSE BILL NO. 343(JUD) am                                                                  
01 "An Act creating the crimes of harassment in the first and second degree, amending the                                  
02 crime of stalking, and adding a definition of 'medical professional' to the assault and                                 
03 harassment statutes."                                                                                                   
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 11.41.260(a) is amended to read:                                                                   
06            (a)  A person commits the crime of stalking in the first degree if the person                                
07       violates AS 11.41.270 and                                                                                         
08                 (1)  the actions constituting the offense are in violation of an order                                  
09       issued or filed under AS 18.66.100 - 18.66.180 or issued under former                                             
10       AS 25.35.010(b) or 25.35.020;                                                                                     
11                 (2)  the actions constituting the offense are in violation of a condition of                            
12       probation, release before trial, release after conviction, or parole;                                             
13                 (3)  the victim is under 16 years of age;                                                               
14                 (4)  at any time during the course of conduct constituting the offense,                                 

01       the defendant possessed a deadly weapon;                                                                          
02                 (5)  the defendant has been previously convicted of a crime under this                                  
03       section, AS 11.41.270, or AS 11.56.740, or a law or ordinance of this or another                                  
04       jurisdiction with elements similar to a crime under this section, AS 11.41.270, or                                
05       AS 11.56.740; or                                                                                                  
06                 (6)  the defendant has been previously convicted of a crime, or an                                      
07       attempt or solicitation to commit a crime, under (A) AS 11.41.100 - 11.41.250,                                    
08       11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, 11.61.120                                       
09       [AS 11.61.120], or (B) a law or an ordinance of this or another jurisdiction with                                 
10       elements similar to a crime, or an attempt or solicitation to commit a crime, under                               
11       AS 11.41.100 - 11.41.250, 11.41.300 - 11.41.460, AS 11.56.807, 11.56.810,                                         
12       AS 11.61.118, or 11.61.120 [AS 11.61.120], involving the same victim as the present                       
13       offense.                                                                                                          
14    * Sec. 2. AS 11.61 is amended by adding a new section to read:                                                     
15            Sec. 11.61.118. Harassment in the first degree. (a) A person commits the                                   
16       crime of harassment in the first degree if the person violates AS 11.61.120(a)(5) and                             
17       the offensive physical contact is contact with human or animal blood, mucus, saliva,                              
18       semen, urine, vomitus, or feces.                                                                                  
19            (b)  Harassment in the first degree is a class A misdemeanor.                                                
20    * Sec. 3. AS 11.61.120 is amended to read:                                                                         
21            Sec. 11.61.120. Harassment in the second degree. (a) A person commits the                                
22       crime of harassment in the second degree if, with intent to harass or annoy another                           
23       person, that person                                                                                               
24                 (1)  insults, taunts, or challenges another person in a manner likely to                                
25       provoke an immediate violent response;                                                                            
26                 (2)  telephones another and fails to terminate the connection with intent                               
27       to impair the ability of that person to place or receive telephone calls;                                         
28                 (3)  makes repeated telephone calls at extremely inconvenient hours;                                    
29                 (4)  makes an anonymous or obscene telephone call, an obscene                                           
30       electronic communication, or a telephone call or electronic communication that                                    
31       threatens physical injury or sexual contact; or                                                                   

01                 (5)  subjects another person to offensive physical contact.                                             
02            (b)  Harassment in the second degree is a class B misdemeanor.                                           
03    * Sec. 4. AS 12.55.135(d) is amended to read:                                                                      
04            (d)  A defendant convicted of assault in the fourth degree or harassment in                              
05       the first degree who knowingly directed the conduct constituting the offense at a                             
06       uniformed or otherwise clearly identified peace officer, fire fighter, correctional                               
07       employee, emergency medical technician, paramedic, ambulance attendant, or other                                  
08       emergency responder or medical professional who was engaged in the performance                                
09       of official duties at the time of the assault or harassment shall be sentenced to a                           
10       minimum term of imprisonment of                                                                                   
11                 (1)  60 days if the defendant violated AS 11.41.230(a)(1) or (2) or                                 
12       AS 11.61.118;                                                                                                 
13                 (2)  30 days if the defendant violated AS 11.41.230(a)(3).                                              
14    * Sec. 5. AS 12.55.135(j) is amended by adding a new paragraph to read:                                            
15                 (3)  "medical professional" means a person who is an anesthesiologist,                                  
16       dentist, dental hygienist, health aide, nurse, nurse aid, nurse practitioner, mental health                       
17       counselor, physician, physician assistant, chiropractor, psychiatrist, osteopath,                                 
18       psychologist, psychological associate, radiologist, surgeon, or x-ray technician, or who                          
19       holds a substantially similar position.