HB 353: "An Act relating to sentences for sexual offenses."
00 HOUSE BILL NO. 353 01 "An Act relating to sentences for sexual offenses." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 12.55.125(i) is amended to read: 04 (i) A defendant convicted of 05 (1) sexual assault in the first degree or sexual abuse of a minor in the 06 first degree may be sentenced to a definite term of imprisonment of not more than 99 07 years and shall be sentenced to a definite term within the following presumptive 08 ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 09 (A) if the offense is a first felony conviction and does not 10 involve circumstances described in (B) of this paragraph, 16 to 24 [EIGHT TO 11 12] years; 12 (B) if the offense is a first felony conviction and the defendant 13 possessed a firearm, used a dangerous instrument, or caused serious physical 14 injury during the commission of the offense, 24 to 32 [12 TO 16] years; 15 (C) if the offense is a second felony conviction and does not
01 involve circumstances described in (D) of this paragraph, 30 to 40 [15 TO 20] 02 years; 03 (D) if the offense is a second felony conviction and the 04 defendant has a prior conviction for a sexual felony, 40 to 60 [20 TO 30] 05 years; 06 (E) if the offense is a third felony conviction and the defendant 07 is not subject to sentencing under (F) of this paragraph or (l) of this section, 50 08 to 70 [25 TO 35] years; 09 (F) if the offense is a third felony conviction, the defendant is 10 not subject to sentencing under (l) of this section, and the defendant has two 11 prior convictions for sexual felonies, 60 to 80 [30 TO 40] years; 12 (2) attempt, conspiracy, or solicitation to commit sexual assault in the 13 first degree or sexual abuse of a minor in the first degree may be sentenced to a 14 definite term of imprisonment of not more than 99 [30] years and shall be sentenced to 15 a definite term within the following presumptive ranges, subject to adjustment as 16 provided in AS 12.55.155 - 12.55.175: 17 (A) if the offense is a first felony conviction and does not 18 involve circumstances described in (B) of this paragraph, 10 to 16 [FIVE TO 19 EIGHT] years; 20 (B) if the offense is a first felony conviction, and the defendant 21 possessed a firearm, used a dangerous instrument, or caused serious physical 22 injury during the commission of the offense, 20 to 28 [10 TO 14] years; 23 (C) if the offense is a second felony conviction and does not 24 involve circumstances described in (D) of this paragraph, 24 to 32 [12 TO 16] 25 years; 26 (D) if the offense is a second felony conviction and the 27 defendant has a prior conviction for a sexual felony, 30 to 40 [15 TO 20] 28 years; 29 (E) if the offense is a third felony conviction, does not involve 30 circumstances described in (F) of this paragraph, and the defendant is not 31 subject to sentencing under (l) of this section, 30 to 50 [15 TO 25] years;
01 (F) if the offense is a third felony conviction, the defendant is 02 not subject to sentencing under (l) of this section, and the defendant has two 03 prior convictions for sexual felonies, 40 to 60 [20 TO 30] years; 04 (3) sexual assault in the second degree, sexual abuse of a minor in the 05 second degree, unlawful exploitation of a minor, or distribution of child pornography 06 may be sentenced to a definite term of imprisonment of not more than 60 [20] years 07 and shall be sentenced to a definite term within the following presumptive ranges, 08 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 09 (A) if the offense is a first felony conviction, four to eight 10 [TWO TO FOUR] years; 11 (B) if the offense is a second felony conviction and does not 12 involve circumstances described in (C) of this paragraph, 10 to 16 [FIVE TO 13 EIGHT] years; 14 (C) if the offense is a second felony conviction and the 15 defendant has a prior conviction for a sexual felony, 20 to 28 [10 TO 14] 16 years; 17 (D) if the offense is a third felony conviction and does not 18 involve circumstances described in (E) of this paragraph, 20 to 28 [10 TO 14] 19 years; 20 (E) if the offense is a third felony conviction and the defendant 21 has two prior convictions for sexual felonies, 30 to 40 [15 TO 20] years; 22 (4) sexual assault in the third degree, sexual abuse of a minor in the 23 third degree, incest, indecent exposure in the first degree, possession of child 24 pornography, or attempt, conspiracy, or solicitation to commit sexual assault in the 25 second degree, sexual abuse of a minor in the second degree, unlawful exploitation of 26 a minor, or distribution of child pornography, may be sentenced to a definite term of 27 imprisonment of not more than 30 [10] years and shall be sentenced to a definite term 28 within the following presumptive ranges, subject to adjustment as provided in 29 AS 12.55.155 - 12.55.175: 30 (A) if the offense is a first felony conviction, two to four [ONE 31 TO TWO] years;
01 (B) if the offense is a second felony conviction and does not 02 involve circumstances described in (C) of this paragraph, four to 10 [TWO TO 03 FIVE] years; 04 (C) if the offense is a second felony conviction and the 05 defendant has a prior conviction for a sexual felony, six to 12 [THREE TO 06 SIX] years; 07 (D) if the offense is a third felony conviction and does not 08 involve circumstances described in (E) of this paragraph, six to 12 [THREE 09 TO SIX] years; 10 (E) if the offense is a third felony conviction and the defendant 11 has two prior convictions for sexual felonies, 12 to 20 [SIX TO 10] years.