CSHB 127(FIN): "An Act relating to the crimes of stalking, online enticement of a minor, unlawful exploitation of a minor, endangering the welfare of a child, sending an explicit image of a minor, harassment, and misconduct involving confidential information; relating to probation; relating to the subpoena power of the attorney general in cases involving use of an Internet service account; relating to an appearance before a judicial officer after arrest; relating to penalties for operating a vehicle without possessing proof of motor vehicle liability insurance or a driver's license; relating to penalties for certain arson offenses; amending Rule 5(a)(1), Alaska Rules of Criminal Procedure, and Rule 43.10, Alaska Rules of Administration; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 127(FIN) 01 "An Act relating to the crimes of stalking, online enticement of a minor, unlawful 02 exploitation of a minor, endangering the welfare of a child, sending an explicit image of 03 a minor, harassment, and misconduct involving confidential information; relating to 04 probation; relating to the subpoena power of the attorney general in cases involving use 05 of an Internet service account; relating to an appearance before a judicial officer after 06 arrest; relating to penalties for operating a vehicle without possessing proof of motor 07 vehicle liability insurance or a driver's license; relating to penalties for certain arson 08 offenses; amending Rule 5(a)(1), Alaska Rules of Criminal Procedure, and Rule 43.10, 09 Alaska Rules of Administration; and providing for an effective date." 10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 11 * Section 1. AS 11.41.270(b)(3) is amended to read: 12 (3) "nonconsensual contact" means any contact with another person
01 that is initiated or continued without that person's consent, that is beyond the scope of 02 the consent provided by that person, or that is in disregard of that person's expressed 03 desire that the contact be avoided or discontinued; "nonconsensual contact" includes 04 (A) following or appearing within the sight of that person; 05 (B) approaching or confronting that person in a public place or 06 on private property; 07 (C) appearing at the workplace or residence of that person; 08 (D) entering onto or remaining on property owned, leased, or 09 occupied by that person; 10 (E) contacting that person by telephone; 11 (F) sending mail or electronic communications to that person; 12 (G) placing an object on, or delivering an object to, property 13 owned, leased, or occupied by that person; 14 (H) following or monitoring that person with a global 15 positioning device or similar technological means; 16 (I) using, installing, or attempting to use or install a device 17 for observing, recording, or photographing events occurring in the 18 residence, vehicle, or workplace used by that person, or on the personal 19 telephone or computer used by that person; 20 * Sec. 2. AS 11.41.270(b) is amended by adding a new paragraph to read: 21 (5) "device" includes software. 22 * Sec. 3. AS 11.41.452(d) is amended to read: 23 (d) Except as provided in (e) of this section, online enticement is a class B [C] 24 felony. 25 * Sec. 4. AS 11.41.452(e) is amended to read: 26 (e) Online enticement is a class A [B] felony if the defendant was, at the time 27 of the offense, required to register as a sex offender or child kidnapper under AS 12.63 28 or a similar law of another jurisdiction. 29 * Sec. 5. AS 11.41.455(c) is amended to read: 30 (c) Unlawful exploitation of a minor is a 31 [(1)] class A [B] felony [; OR
01 (2) CLASS A FELONY IF THE PERSON HAS BEEN 02 PREVIOUSLY CONVICTED OF UNLAWFUL EXPLOITATION OF A MINOR IN 03 THIS JURISDICTION OR A SIMILAR CRIME IN THIS OR ANOTHER 04 JURISDICTION]. 05 * Sec. 6. AS 11.51.100(a) is amended to read: 06 (a) A person commits the crime of endangering the welfare of a child in the 07 first degree if, being a parent, guardian, or other person legally charged with the care 08 of a child under 16 years of age, the person 09 (1) intentionally deserts the child in a place under circumstances 10 creating a substantial risk of physical injury to the child; 11 (2) leaves the child with another person who is not a parent, guardian, 12 or lawful custodian of the child knowing that the person is 13 (A) [IS] registered or required to register as a sex offender or 14 child kidnapper under AS 12.63 or a law or ordinance in another jurisdiction 15 with similar requirements; 16 (B) [HAS BEEN] charged by complaint, information, or 17 indictment with a violation of AS 11.41.410 - 11.41.455 or a law or ordinance 18 in another jurisdiction with similar elements; or 19 (C) [HAS BEEN] charged by complaint, information, or 20 indictment with an attempt, solicitation, or conspiracy to commit a crime 21 described in (B) of this paragraph; or 22 (3) leaves the child with another person knowing that the person has 23 previously physically mistreated or had sexual contact with any child, and the other 24 person causes physical injury or engages in sexual contact with the child. 25 * Sec. 7. AS 11.61 is amended by adding a new section to read: 26 Sec. 11.61.116. Sending an explicit image of a minor. (a) A person commits 27 the offense of sending an explicit image of a minor if the person, with intent to annoy 28 or humiliate another person, distributes an electronic photograph or video that depicts 29 the genitals, anus, or female breast of that other person taken when that person was a 30 minor under 16 years of age. 31 (b) In this section,
01 (1) "computer" has the meaning given in AS 11.46.990; 02 (2) "distributes" means to deliver the image to another person by 03 sending the image to the other person's computer or telephone; 04 (3) "Internet" has the meaning given in AS 11.46.710(d). 05 (c) Sending an explicit image of a minor is 06 (1) a class B misdemeanor if the person distributes the image to 07 another person; 08 (2) a class A misdemeanor if the person distributes the image to an 09 Internet website that is accessible to the public. 10 * Sec. 8. AS 11.61.120(a) is amended to read: 11 (a) A person commits the crime of harassment in the second degree if, with 12 intent to harass or annoy another person, that person 13 (1) insults, taunts, or challenges another person in a manner likely to 14 provoke an immediate violent response; 15 (2) telephones another and fails to terminate the connection with intent 16 to impair the ability of that person to place or receive telephone calls; 17 (3) makes repeated telephone calls at extremely inconvenient hours; 18 (4) makes an anonymous or obscene telephone call, an obscene 19 electronic communication, or a telephone call or electronic communication that 20 threatens physical injury or sexual contact; 21 (5) subjects another person to offensive physical contact; or 22 (6) except as provided in AS 11.61.116, publishes or distributes 23 electronic or printed photographs, pictures, or films that show the genitals, anus, or 24 female breast of the other person or show that person engaged in a sexual act. 25 * Sec. 9. AS 11.76 is amended by adding new sections to read: 26 Sec. 11.76.113. Misconduct involving confidential information in the first 27 degree. (a) A person commits the crime of misconduct involving confidential 28 information in the first degree if the person violates AS 11.76.115 and obtains the 29 confidential information with the intent to 30 (1) use the confidential information to commit a crime; or 31 (2) obtain a benefit to which the person is not entitled, to injure another
01 person, or to deprive another person of a benefit. 02 (b) Conviction under this section does not limit a person's ability to obtain 03 civil relief from another person. 04 (c) Misconduct involving confidential information in the first degree is a class 05 A misdemeanor. 06 Sec. 11.76.115. Misconduct involving confidential information in the 07 second degree. (a) A person commits the crime of misconduct involving confidential 08 information in the second degree if the person, without legal authority or the consent 09 of another person, knowingly obtains confidential information about the other person. 10 (b) In this section, "confidential information" includes 11 (1) information that has been classified confidential by law; 12 (2) information encoded on an access device, identification card issued 13 under AS 18.65.310, or driver's license. 14 (c) Conviction under this section does not limit a person's ability to obtain 15 civil relief from another person. 16 (d) Misconduct involving confidential information in the second degree is a 17 class B misdemeanor. 18 * Sec. 10. AS 12.05 is amended by adding a new section to read: 19 Sec. 12.05.030. Crimes involving minors committed outside state. In 20 addition to any other jurisdictional basis expressed or implied in law, a person may be 21 prosecuted under the laws of this state for conduct occurring outside the state for a 22 violation of (1) AS 11.41.452 if the other person with whom the defendant 23 communicated was in the state; or (2) AS 11.61.116 if the minor whose image is 24 published or distributed was in the state. 25 * Sec. 11. AS 12.25.150(a) is amended to read: 26 (a) A person arrested shall be taken before a judge or magistrate without 27 unnecessary delay, and in any event within 48 [24] hours after arrest, including 28 Sundays and holidays. This requirement applies to municipal police officers to the 29 same extent as it does to state troopers. 30 * Sec. 12. AS 12.55.125(i) is amended to read: 31 (i) A defendant convicted of
01 (1) sexual assault in the first degree, sexual abuse of a minor in the 02 first degree, or promoting prostitution in the first degree under AS 11.66.110(a)(2) 03 may be sentenced to a definite term of imprisonment of not more than 99 years and 04 shall be sentenced to a definite term within the following presumptive ranges, subject 05 to adjustment as provided in AS 12.55.155 - 12.55.175: 06 (A) if the offense is a first felony conviction, the offense does 07 not involve circumstances described in (B) of this paragraph, and the victim 08 was 09 (i) less than 13 years of age, 25 to 35 years; 10 (ii) 13 years of age or older, 20 to 30 years; 11 (B) if the offense is a first felony conviction and the defendant 12 possessed a firearm, used a dangerous instrument, or caused serious physical 13 injury during the commission of the offense, 25 to 35 years; 14 (C) if the offense is a second felony conviction and does not 15 involve circumstances described in (D) of this paragraph, 30 to 40 years; 16 (D) if the offense is a second felony conviction and the 17 defendant has a prior conviction for a sexual felony, 35 to 45 years; 18 (E) if the offense is a third felony conviction and the defendant 19 is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 20 to 60 years; 21 (F) if the offense is a third felony conviction, the defendant is 22 not subject to sentencing under (l) of this section, and the defendant has two 23 prior convictions for sexual felonies, 99 years; 24 (2) attempt, conspiracy, or solicitation to commit sexual assault in the 25 first degree, sexual abuse of a minor in the first degree, [OR] promoting prostitution in 26 the first degree under AS 11.66.110(a)(2)), unlawful exploitation of a minor, or 27 online enticement of a minor under AS 11.41.452(e) may be sentenced to a definite 28 term of imprisonment of not more than 99 years and shall be sentenced to a definite 29 term within the following presumptive ranges, subject to adjustment as provided in 30 AS 12.55.155 - 12.55.175: 31 (A) if the offense is a first felony conviction, the offense does
01 not involve circumstances described in (B) of this paragraph, and the victim 02 was 03 (i) under 13 years of age, 20 to 30 years; 04 (ii) 13 years of age or older, 15 to 30 years; 05 (B) if the offense is a first felony conviction and the defendant 06 possessed a firearm, used a dangerous instrument, or caused serious physical 07 injury during the commission of the offense, 25 to 35 years; 08 (C) if the offense is a second felony conviction and does not 09 involve circumstances described in (D) of this paragraph, 25 to 35 years; 10 (D) if the offense is a second felony conviction and the 11 defendant has a prior conviction for a sexual felony, 30 to 40 years; 12 (E) if the offense is a third felony conviction, the offense does 13 not involve circumstances described in (F) of this paragraph, and the defendant 14 is not subject to sentencing under (l) of this section, 35 to 50 years; 15 (F) if the offense is a third felony conviction, the defendant is 16 not subject to sentencing under (l) of this section, and the defendant has two 17 prior convictions for sexual felonies, 99 years; 18 (3) sexual assault in the second degree, sexual abuse of a minor in the 19 second degree, online enticement of a minor under AS 11.41.452(d) [UNLAWFUL 20 EXPLOITATION OF A MINOR], or distribution of child pornography may be 21 sentenced to a definite term of imprisonment of not more than 99 years and shall be 22 sentenced to a definite term within the following presumptive ranges, subject to 23 adjustment as provided in AS 12.55.155 - 12.55.175: 24 (A) if the offense is a first felony conviction, five to 15 years; 25 (B) if the offense is a second felony conviction and does not 26 involve circumstances described in (C) of this paragraph, 10 to 25 years; 27 (C) if the offense is a second felony conviction and the 28 defendant has a prior conviction for a sexual felony, 15 to 30 years; 29 (D) if the offense is a third felony conviction and does not 30 involve circumstances described in (E) of this paragraph, 20 to 35 years; 31 (E) if the offense is a third felony conviction and the defendant
01 has two prior convictions for sexual felonies, 99 years; 02 (4) sexual assault in the third degree, incest, indecent exposure in the 03 first degree, possession of child pornography, or attempt, conspiracy, or solicitation to 04 commit sexual assault in the second degree, sexual abuse of a minor in the second 05 degree, [UNLAWFUL EXPLOITATION OF A MINOR,] or distribution of child 06 pornography, may be sentenced to a definite term of imprisonment of not more than 07 99 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, two to 12 years; 10 (B) if the offense is a second felony conviction and does not 11 involve circumstances described in (C) of this paragraph, eight to 15 years; 12 (C) if the offense is a second felony conviction and the 13 defendant has a prior conviction for a sexual felony, 12 to 20 years; 14 (D) if the offense is a third felony conviction and does not 15 involve circumstances described in (E) of this paragraph, 15 to 25 years; 16 (E) if the offense is a third felony conviction and the defendant 17 has two prior convictions for sexual felonies, 99 years. 18 * Sec. 13. AS 12.70.130 is amended to read: 19 Sec. 12.70.130. Arrest without warrant. The arrest of a person may also be 20 lawfully made by a peace officer or a private person without a warrant upon 21 reasonable information that the accused stands charged in the courts of another state 22 with a crime punishable by death or imprisonment for a term exceeding one year, but 23 when arrested the accused must be taken before a judge or magistrate without 24 unnecessary delay and, in any event, within 48 [24] hours after arrest, including 25 Sundays and holidays, and complaint shall be made against the accused under oath 26 setting out the ground for the arrest as in AS 12.70.120. Thereafter the answer of the 27 accused shall be heard as if the accused had been arrested on a warrant. 28 * Sec. 14. AS 28.15.131 is amended by adding a new subsection to read: 29 (b) Violation of this section is an infraction. 30 * Sec. 15. AS 28.22.019(c) is amended to read: 31 (c) A person convicted under this section is guilty of an infraction [A CLASS
01 B MISDEMEANOR] and shall be sentenced to pay a mandatory fine of $500 02 [MAY BE PUNISHED AS PROVIDED IN AS 12.55, EXCEPT THAT A FINE OF 03 AT LEAST $500 MUST BE IMPOSED]. 04 * Sec. 16. AS 33.05.020(a) is repealed and reenacted to read: 05 (a) The commissioner shall appoint and make available to the superior court, 06 when ordered under AS 12.55.015(a), a qualified probation officer for the active 07 supervision of a person placed on probation for a felony offense. The commissioner 08 may provide active supervision to a person placed on probation for a misdemeanor 09 offense. 10 * Sec. 17. AS 41.23.220 is amended to read: 11 Sec. 41.23.220. Penalty. (a) Except for conduct that is a violation of 12 AS 11.46.420, a [A] person who violates a provision of AS 41.23.180 - 41.23.230 or a 13 regulation adopted under AS 41.23.180 - 41.23.230 is guilty of a violation as defined 14 in AS 11.81.900. 15 (b) Except for conduct that is a violation of AS 11.46.420, the [THE] 16 supreme court shall establish by order or rule a schedule of bail amounts for violations 17 under (a) of this section that allow the disposition of a citation without a court 18 appearance. 19 * Sec. 18. AS 44.23.080 is repealed and reenacted to read: 20 Sec. 44.23.080. Subpoena power of attorney general in cases involving use 21 of an Internet service account. (a) If there is reasonable cause to believe that an 22 Internet service account has been used in connection with a violation of AS 11.41.452, 23 11.41.455, or AS 11.61.125 - 11.61.128, and that the identity, address, and other 24 information about the account owner will assist in obtaining evidence that is relevant 25 to the offense, a law enforcement officer may apply to the attorney general or the 26 attorney general's designee for an administrative subpoena to obtain the business 27 records of the Internet service provider located inside or outside of the state. 28 (b) If an application meets the requirements of (a) of this section, the attorney 29 general or the attorney general's designee may issue an administrative subpoena to the 30 Internet service provider requiring the production of the following records: 31 (1) the name and other identifying information of the account holder;
01 (2) the address and physical location associated with the account; 02 (3) a description of the length of service, service start date, and types 03 of service associated with the account. 04 (c) A subpoena issued under (b) of this section must prescribe a reasonable 05 time after service for the production of the information. 06 (d) Service of a subpoena issued under (b) of this section may be by any 07 method authorized by law or acceptable to the Internet service provider. At any time 08 before the return date specified on the subpoena, the Internet service provider may 09 petition a court of competent jurisdiction for the judicial district in which the provider 10 resides or does business for an order modifying or quashing the subpoena or for an 11 order sealing the court record. 12 (e) If the Internet service provider refuses to obey a subpoena issued under (b) 13 of this section, the superior court may, upon application of the attorney general or the 14 attorney general's designee, issue an order requiring the Internet service provider to 15 appear at the office of the attorney general with the information described in the 16 subpoena. 17 (f) An Internet service provider who knowingly fails to produce the 18 information required to be produced by the subpoena or court order is guilty of 19 contempt under AS 09.50.010. 20 (g) Nothing in this section limits the authority of law enforcement from 21 obtaining process from the court or through a grand jury subpoena to obtain the 22 information described in (b) of this section. 23 (h) A person may not bring a civil action against an Internet service provider, 24 its officers, employees, agents, or other person for complying with an administrative 25 subpoena issued under (b) of this section or a court order issued under (e) of this 26 section. 27 (i) For purposes of this section, the attorney general's designee must be in the 28 Department of Law. 29 * Sec. 19. AS 47.12.030(a) is amended to read: 30 (a) When a minor who was at least 16 years of age at the time of the offense is 31 charged by complaint, information, or indictment with an offense specified in this
01 subsection, this chapter and the Alaska Delinquency Rules do not apply to the offense 02 for which the minor is charged or to any additional offenses joinable to it under the 03 applicable rules of court governing criminal procedure. The minor shall be charged, 04 held, released on bail, prosecuted, sentenced, and incarcerated in the same manner as 05 an adult. If the minor is convicted of an offense other than an offense specified in this 06 subsection, the minor may attempt to prove, by a preponderance of the evidence, that 07 the minor is amenable to treatment under this chapter. If the court finds that the minor 08 is amenable to treatment under this chapter, the minor shall be treated as though the 09 charges had been heard under this chapter, and the court shall order disposition of the 10 charges of which the minor is convicted under AS 47.12.120(b). The provisions of this 11 subsection apply when the minor is charged by complaint, information, or indictment 12 with an offense 13 (1) that is an unclassified felony or a class A felony and the felony is a 14 crime against a person, other than a violation of AS 11.41.455; 15 (2) of arson in the first degree; 16 (3) that is a class B felony and the felony is a crime against a person in 17 which the minor is alleged to have used a deadly weapon in the commission of the 18 offense and the minor was previously adjudicated as a delinquent or convicted as an 19 adult, in this or another jurisdiction, as a result of an offense that involved use of a 20 deadly weapon in the commission of a crime against a person or an offense in another 21 jurisdiction having elements substantially identical to those of a crime against a 22 person, and the previous offense was punishable as a felony; in this paragraph, "deadly 23 weapon" has the meaning given in AS 11.81.900(b); or 24 (4) that is misconduct involving weapons in the first degree under 25 (A) AS 11.61.190(a)(1); or 26 (B) AS 11.61.190(a)(2) when the firearm was discharged under 27 circumstances manifesting substantial and unjustifiable risk of physical injury 28 to a person. 29 * Sec. 20. The uncodified law of the State of Alaska is amended by adding a new section to 30 read: 31 DIRECT COURT RULE AMENDMENT. Rule 5(a)(1), Alaska Rules of
01 Criminal Procedure, is amended to read: 02 (1) Except when the person arrested is issued a citation for a 03 misdemeanor or a violation and immediately thereafter released, the arrested person 04 shall be taken before the nearest available judge or magistrate without unnecessary 05 delay and in any event within 48 hours after arrest, including Sundays and 06 holidays. This appearance may be accomplished by the use of telephonic or television 07 equipment pursuant to Criminal Rules 38.1 and 38.2. [NECESSARY DELAY 08 WITHIN THE MEANING OF THIS PARAGRAPH (a) IS DEFINED AS A PERIOD 09 NOT TO EXCEED FORTY-EIGHT HOURS AFTER ARREST, INCLUDING 10 SUNDAYS AND HOLIDAYS.] 11 * Sec. 21. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 INDIRECT COURT RULE AMENDMENT. The amendments to AS 41.23.220, made 14 in sec. 17 of this Act, have the effect of changing Rule 43.10, Alaska Rules of Administration, 15 by prohibiting the disposition of a violation of AS 11.46.420 without court appearance and 16 forfeiture of bail amounts. 17 * Sec. 22. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 APPLICABILITY. (a) Sections 11, 13, and 20 of this Act apply to arrests for offenses 20 committed before, on, or after the effective date of this Act. 21 (b) Sections 1 - 10, 12, 14, 15, 17, 19, and 21 of this Act apply to offenses committed 22 on or after the effective date of this Act. 23 (c) Sections 16 and 18 of this Act apply to offenses occurring before, on, or after the 24 effective date of this Act. 25 * Sec. 23. The uncodified law of the State of Alaska is amended by adding a new section to 26 read: 27 SEVERABILITY. Under AS 01.10.030, if any provision of this Act, or the application 28 of it to any person or circumstance, is held invalid, the remainder of this Act and the 29 application to other persons or circumstances is not affected. 30 * Sec. 24. This Act takes effect July 1, 2011.