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SB 72: "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, distribution of indecent material to minors, and misconduct involving confidential information; relating to probation; and providing for an effective date."

00                             SENATE BILL NO. 72                                                                          
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, distribution of indecent material to minors, and misconduct                                        
04 involving confidential information; relating to probation; and providing for an effective                               
05 date."                                                                                                                  
06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
07    * Section 1.  AS 11.41.270(b)(3) is amended to read:                                                               
08                 (3)  "nonconsensual contact" means any contact with another person                                      
09       that is initiated or continued without that person's consent, that is beyond the scope of                         
10       the consent provided by that person, or that is in disregard of that person's expressed                           
11       desire that the contact be avoided or discontinued; "nonconsensual contact" includes                              
12                      (A)  following or appearing within the sight of that person;                                       
13                      (B)  approaching or confronting that person in a public place or                                   
01            on private property;                                                                                         
02                      (C)  appearing at the workplace or residence of that person;                                       
03                      (D)  entering onto or remaining on property owned, leased, or                                      
04            occupied by that person;                                                                                     
05                      (E)  contacting that person by telephone;                                                          
06                      (F)  sending mail or electronic communications to that person;                                     
07                      (G)  placing an object on, or delivering an object to, property                                    
08            owned, leased, or occupied by that person;                                                                   
09                      (H)  following or monitoring that person with a global                                         
10            positioning device or similar technological means;                                                       
11                      (I)  using, installing, or attempting to use or install a device                               
12            for observing, recording, or photographing events occurring in the                                       
13            residence, vehicle, or workplace of that person, or on the personal                                      
14            telephone or computer of that person;                                                                    
15    * Sec. 2. AS 11.41.270(b) is amended to add a new paragraph to read:                                             
16                 (5)  "device" includes software.                                                                        
17    * Sec. 3. AS 11.41.452(d) is amended to read:                                                                      
18            (d)  Except as provided in (e) of this section, online enticement is a class B                           
19       [CLASS C] felony.                                                                                                 
20    * Sec. 4. AS 11.41.452(e) is amended to read:                                                                      
21            (e)  Online enticement is a class A [CLASS B] felony if the defendant was, at                            
22       the time of the offense, required to register as a sex offender or child kidnapper under                          
23       AS 12.63 or a similar law of another jurisdiction.                                                                
24    * Sec. 5. AS 11.41.455(c) is amended to read:                                                                      
25            (c)  Unlawful exploitation of a minor is a                                                                   
26                 [(1)]  class A [CLASS B] felony [; OR                                                               
27                 (2)  CLASS A FELONY IF THE PERSON HAS BEEN                                                              
28       PREVIOUSLY CONVICTED OF UNLAWFUL EXPLOITATION OF A MINOR IN                                                       
29       THIS JURISDICTION OR A SIMILAR CRIME IN THIS OR ANOTHER                                                           
30       JURISDICTION].                                                                                                    
31    * Sec. 6. AS 11.51.100(a) is amended to read:                                                                      
01            (a)  A person commits the crime of endangering the welfare of a child in the                                 
02       first degree if, being a parent, guardian, or other person legally charged with the care                          
03       of a child under 16 years of age, the person                                                                      
04                 (1)  intentionally deserts the child in a place under circumstances                                     
05       creating a substantial risk of physical injury to the child;                                                      
06                 (2)  leaves the child with another person who is not a parent, guardian,                                
07       or lawful custodian of the child knowing that the person                                                          
08                      (A)  is registered or required to register as a sex offender or                                
09            child kidnapper under AS 12.63 or a law or ordinance in another jurisdiction                             
10            with similar requirements;                                                                                   
11                      (B)  has been charged by complaint, information, or indictment                                     
12            with a violation of AS 11.41.410 - 11.41.455 or a law or ordinance in another                                
13            jurisdiction with similar elements; or                                                                       
14                      (C)  has been charged by complaint, information, or indictment                                     
15            with an attempt, solicitation, or conspiracy to commit a crime described in (B)                              
16            of this paragraph; or                                                                                        
17                 (3)  leaves the child with another person knowing that the person has                                   
18       previously physically mistreated or had sexual contact with any child, and the other                              
19       person causes physical injury or engages in sexual contact with the child.                                        
20    * Sec. 7. AS 11.61 is amended by adding a new section to read:                                                     
21            Sec. 11.61.116. Sending an explicit image of a minor. (a) A person commits                                 
22       the crime of sending an explicit image of a minor if the person                                                   
23                 (1)  publishes or distributes an electronic or printed photograph,                                      
24       picture, or film that depicts the genitals, anus, or female breast of a minor under 16                            
25       years of age; and                                                                                                 
26                 (2)  makes the publication or distribution without the consent of the                                   
27       parent or legal guardian of the minor described in (1) of this subsection.                                        
28            (b)  The provisions of (a) of this section do not apply to a minor under 16 years                            
29       of age who publishes or distributes an electronic or printed photograph, picture, or                              
30       film that depicts the minor's own genitals, anus, or female breast.                                               
31            (c)  Sending an explicit image of a minor is                                                                 
01                 (1)  a class B misdemeanor if the person publishes or distributes the                                   
02       depiction to one or two other people;                                                                             
03                 (2)  a class A misdemeanor if the person publishes or distributes the                                   
04       depiction to three or more other people;                                                                          
05                 (3)  a class C felony if the person publishes or distributes the depiction                              
06       on the Internet.                                                                                                  
07            (d)  In this section, "Internet" has the meaning given in AS 11.46.710(d).                                   
08    * Sec. 8. AS 11.61.120(a) is amended to read:                                                                      
09            (a)  A person commits the crime of harassment in the second degree if, with                                  
10       intent to harass or annoy another person, that person                                                             
11                 (1)  insults, taunts, or challenges another person in a manner likely to                                
12       provoke an immediate violent response;                                                                            
13                 (2)  telephones another and fails to terminate the connection with intent                               
14       to impair the ability of that person to place or receive telephone calls;                                         
15                 (3)  makes repeated telephone calls at extremely inconvenient hours;                                    
16                 (4)  makes an anonymous or obscene telephone call, an obscene                                           
17       electronic communication, or a telephone call or electronic communication that                                    
18       threatens physical injury or sexual contact;                                                                      
19                 (5)  subjects another person to offensive physical contact; or                                          
20                 (6)  except as provided in AS 11.61.116, publishes or distributes                                   
21       electronic or printed photographs, pictures, or films that show the genitals, anus, or                            
22       female breast of the other person or show that person engaged in a sexual act.                                    
23    * Sec. 9. AS 11.61.128(a) is amended to read:                                                                      
24            (a)  A person commits the crime of distribution of indecent material to minors                               
25       if                                                                                                                
26                 (1)  the person, being 18 years of age or older, knowingly distributes to                               
27       another person any material that the person knows depicts the following actual or                             
28       simulated conduct:                                                                                                
29                      (A)  sexual penetration;                                                                           
30                      (B)  the lewd touching of a person's genitals, anus, or female                                     
31            breast;                                                                                                      
01                      (C)  masturbation;                                                                                 
02                      (D)  bestiality;                                                                                   
03                      (E)  the lewd exhibition of a person's genitals, anus, or female                                   
04            breast; or                                                                                                   
05                      (F)  sexual masochism or sadism;                                                                   
06                 (2)  the material is harmful to minors; and                                                             
07                 (3)  either                                                                                             
08                      (A)  the other person is a child under 16 years of age and the                                 
09            person is reckless regarding the age of the child; or                                                    
10                      (B)  the person believes that the other person is a child under 16                                 
11            years of age.                                                                                                
12    * Sec. 10. AS 11.76 is amended by adding new sections to read:                                                     
13            Sec. 11.76.113. Misconduct involving confidential information in the first                                 
14       degree. (a) A person commits the crime of misconduct involving confidential                                     
15       information in the first degree if the person violates AS 11.76.115 and obtains the                               
16       confidential information with the intent to                                                                       
17                 (1)  use the confidential information to commit a crime; or                                             
18                 (2)  obtain a benefit to which the person is not entitled, to injure another                            
19       person, or to deprive another person of a benefit.                                                                
20            (b)  Conviction under this section does not limit a person's ability to obtain                               
21       civil relief from another person.                                                                                 
22            (c)  Misconduct involving confidential information in the first degree is a class                            
23       A misdemeanor.                                                                                                    
24            Sec. 11.76.115. Misconduct involving confidential information in the                                       
25       second degree. (a) A person commits the crime if misconduct involving confidential                              
26       information in the second degree if the person, without legal authority or the consent                            
27       of another person, knowingly obtains confidential information about the other person.                             
28            (b)  In this section, "confidential information" includes                                                    
29                 (1)  information that has been classified confidential by law;                                          
30                 (2)  information encoded on an access device, identification card issued                                
31       under AS 18.65.310, or driver's license.                                                                          
01            (c)  Conviction under this section does not limit a person's ability to obtain                               
02       civil relief from another person.                                                                                 
03            (d)  Misconduct involving confidential information in the second degree is a                                 
04       class B misdemeanor.                                                                                              
05    * Sec. 11. AS 12.05 is amended by adding a new section to read:                                                    
06            Sec. 12.05.030. Crimes involving minors committed outside state. A person                                  
07       may be prosecuted under the laws of this state for conduct occurring outside the state                            
08       for a violation of (1) AS 11.41.452, online enticement of a minor, if the other person                            
09       with whom the defendant communicated was in the state; or (2) AS 11.61.116,                                       
10       sending an explicit image of a minor, if the minor whose image is published or                                    
11       distributed was in the state. This jurisdiction is in addition to any other jurisdictional                        
12       basis expressed or implied in law.                                                                                
13    * Sec. 12. AS 12.55.125(i) is amended to read:                                                                     
14            (i)  A defendant convicted of                                                                                
15                 (1)  sexual assault in the first degree, sexual abuse of a minor in the                                 
16       first degree, or promoting prostitution in the first degree under AS 11.66.110(a)(2)                              
17       may be sentenced to a definite term of imprisonment of not more than 99 years and                                 
18       shall be sentenced to a definite term within the following presumptive ranges, subject                            
19       to adjustment as provided in AS 12.55.155 - 12.55.175:                                                            
20                      (A)  if the offense is a first felony conviction, the offense does                                 
21            not involve circumstances described in (B) of this paragraph, and the victim                                 
22            was                                                                                                          
23                           (i)  less than 13 years of age, 25 to 35 years;                                               
24                           (ii)  13 years of age or older, 20 to 30 years;                                               
25                      (B)  if the offense is a first felony conviction and the defendant                                 
26            possessed a firearm, used a dangerous instrument, or caused serious physical                                 
27            injury during the commission of the offense, 25 to 35 years;                                                 
28                      (C)  if the offense is a second felony conviction and does not                                     
29            involve circumstances described in (D) of this paragraph, 30 to 40 years;                                    
30                      (D)  if the offense is a second felony conviction and the                                          
31            defendant has a prior conviction for a sexual felony, 35 to 45 years;                                        
01                      (E)  if the offense is a third felony conviction and the defendant                                 
02            is not subject to sentencing under (F) of this paragraph or (l) of this section, 40                          
03            to 60 years;                                                                                                 
04                      (F)  if the offense is a third felony conviction, the defendant is                                 
05            not subject to sentencing under (l) of this section, and the defendant has two                               
06            prior convictions for sexual felonies, 99 years;                                                             
07                 (2)  attempt, conspiracy, or solicitation to commit sexual assault in the                               
08       first degree, sexual abuse of a minor in the first degree, [OR] promoting prostitution in                         
09       the first degree under AS 11.66.110(a)(2), unlawful exploitation of a minor, or                               
10       online enticement of a minor under AS 11.41.452(e) may be sentenced to a definite                             
11       term of imprisonment of not more than 99 years and shall be sentenced to a definite                               
12       term within the following presumptive ranges, subject to adjustment as provided in                                
13       AS 12.55.155 - 12.55.175:                                                                                         
14                      (A)  if the offense is a first felony conviction, the offense does                                 
15            not involve circumstances described in (B) of this paragraph, and the victim                                 
16            was                                                                                                          
17                           (i)  under 13 years of age, 20 to 30 years;                                                   
18                           (ii)  13 years of age or older, 15 to 30 years;                                               
19                      (B)  if the offense is a first felony conviction and the defendant                                 
20            possessed a firearm, used a dangerous instrument, or caused serious physical                                 
21            injury during the commission of the offense, 25 to 35 years;                                                 
22                      (C)  if the offense is a second felony conviction and does not                                     
23            involve circumstances described in (D) of this paragraph, 25 to 35 years;                                    
24                      (D)  if the offense is a second felony conviction and the                                          
25            defendant has a prior conviction for a sexual felony, 30 to 40 years;                                        
26                      (E)  if the offense is a third felony conviction, the offense does                                 
27            not involve circumstances described in (F) of this paragraph, and the defendant                              
28            is not subject to sentencing under (l) of this section, 35 to 50 years;                                      
29                      (F)  if the offense is a third felony conviction, the defendant is                                 
30            not subject to sentencing under (l) of this section, and the defendant has two                               
31            prior convictions for sexual felonies, 99 years;                                                             
01                 (3)  sexual assault in the second degree, sexual abuse of a minor in the                                
02       second degree, online enticement of a minor under AS 11.41.452(d) [UNLAWFUL                                   
03       EXPLOITATION OF A MINOR], or distribution of child pornography may be                                             
04       sentenced to a definite term of imprisonment of not more than 99 years and shall be                               
05       sentenced to a definite term within the following presumptive ranges, subject to                                  
06       adjustment as provided in AS 12.55.155 - 12.55.175:                                                               
07                      (A)  if the offense is a first felony conviction, five to 15 years;                                
08                      (B)  if the offense is a second felony conviction and does not                                     
09            involve circumstances described in (C) of this paragraph, 10 to 25 years;                                    
10                      (C)  if the offense is a second felony conviction and the                                          
11            defendant has a prior conviction for a sexual felony, 15 to 30 years;                                        
12                      (D)  if the offense is a third felony conviction and does not                                      
13            involve circumstances described in (E) of this paragraph, 20 to 35 years;                                    
14                      (E)  if the offense is a third felony conviction and the defendant                                 
15            has two prior convictions for sexual felonies, 99 years;                                                     
16                 (4)  sexual assault in the third degree, incest, indecent exposure in the                               
17       first degree, possession of child pornography, or attempt, conspiracy, or solicitation to                         
18       commit sexual assault in the second degree, sexual abuse of a minor in the second                                 
19       degree, [UNLAWFUL EXPLOITATION OF A MINOR,] or distribution of child                                              
20       pornography, may be sentenced to a definite term of imprisonment of not more than                                 
21       99 years and shall be sentenced to a definite term within the following presumptive                               
22       ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                            
23                      (A)  if the offense is a first felony conviction, two to 12 years;                                 
24                      (B)  if the offense is a second felony conviction and does not                                     
25            involve circumstances described in (C) of this paragraph, eight to 15 years;                                 
26                      (C)  if the offense is a second felony conviction and the                                          
27            defendant has a prior conviction for a sexual felony, 12 to 20 years;                                        
28                      (D)  if the offense is a third felony conviction and does not                                      
29            involve circumstances described in (E) of this paragraph, 15 to 25 years;                                    
30                      (E)  if the offense is a third felony conviction and the defendant                                 
31            has two prior convictions for sexual felonies, 99 years.                                                     
01    * Sec. 13. AS 33.05.020(a) is repealed and reenacted to read:                                                      
02            (a)  The commissioner shall appoint and make available to the superior court,                                
03       when ordered under AS 12.55.015(a), a qualified probation officer for the active                                  
04       supervision of a person placed on probation for a felony offense. The commissioner                                
05       may provide active supervision to a person placed on probation for a misdemeanor                                  
06       offense.                                                                                                          
07    * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to                         
08 read:                                                                                                                   
09       APPLICABILITY. (a) Sections 1 - 12 of this Act apply to offenses committed on or                                  
10 after the effective date of this Act.                                                                                   
11       (b)  Section 13 of this Act applies to offenses occurring before, on, or after the                                
12 effective date of this Act.                                                                                             
13    * Sec. 15. This Act takes effect July 1, 2011.