SB 110: "An Act relating to human trafficking; and relating to sentencing and conditions of probation in criminal cases involving sex offenses."
00 SENATE BILL NO. 110 01 "An Act relating to human trafficking; and relating to sentencing and conditions of 02 probation in criminal cases involving sex offenses." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.41 is amended by adding a new section to read: 05 Sec. 11.41.355. Human trafficking in the first degree. (a) A person commits 06 the crime of human trafficking in the first degree if the person violates AS 11.41.360 07 by compelling, enticing, or inducing another person to engage in sexual conduct, adult 08 entertainment, or an act described in AS 11.41.455(a)(1) - (7), and the other person 09 compelled or induced is under 18 years of age. 10 (b) Human trafficking in the first degree is an unclassified felony. 11 * Sec. 2. AS 11.41.360(a) is amended to read: 12 (a) A person commits the crime of human trafficking in the second [FIRST] 13 degree if the person compels, entices, or induces another person to come to this state 14 or move from one place to another in the state to engage in sexual conduct, adult
01 entertainment, or labor in the state by force or threat of force against any person, or by 02 deception. 03 * Sec. 3. AS 11.41.360(c) is amended to read: 04 (c) Human trafficking in the second [FIRST] degree is a class A felony. 05 * Sec. 4. AS 11.41.365 is amended to read: 06 Sec. 11.41.365. Human trafficking in the third [SECOND] degree. (a) A 07 person commits the crime of human trafficking in the third [SECOND] degree if the 08 person obtains a benefit from the commission of human trafficking under 09 AS 11.41.355 or 11.41.360 [AS 11.41.360,] with reckless disregard that the benefit is 10 a result of the trafficking. 11 (b) Human trafficking in the third [SECOND] degree is a class B felony. 12 * Sec. 5. AS 11.41.370 is amended by adding new paragraphs to read: 13 (4) "adult entertainment" means the conduct described in 14 AS 23.10.350(f)(1) - (3); 15 (5) "sexual conduct" has the meaning given in AS 11.66.150. 16 * Sec. 6. AS 11.81.250(a) is amended to read: 17 (a) For purposes of sentencing under AS 12.55, all offenses defined in this 18 title, except murder in the first and second degree, attempted murder in the first 19 degree, solicitation to commit murder in the first degree, conspiracy to commit murder 20 in the first degree, murder of an unborn child, sexual assault in the first degree, sexual 21 abuse of a minor in the first degree, misconduct involving a controlled substance in the 22 first degree, promoting prostitution in the first degree under AS 11.66.110(a)(2), 23 human trafficking in the first degree under AS 11.41.355, and kidnapping, are 24 classified on the basis of their seriousness, according to the type of injury 25 characteristically caused or risked by commission of the offense and the culpability of 26 the offender. Except for murder in the first and second degree, attempted murder in the 27 first degree, solicitation to commit murder in the first degree, conspiracy to commit 28 murder in the first degree, murder of an unborn child, sexual assault in the first degree, 29 sexual abuse of a minor in the first degree, misconduct involving a controlled 30 substance in the first degree, promoting prostitution in the first degree under 31 AS 11.66.110(a)(2), human trafficking in the first degree under AS 11.41.355, and
01 kidnapping, the offenses in this title are classified into the following categories: 02 (1) class A felonies, which characteristically involve conduct resulting 03 in serious physical injury or a substantial risk of serious physical injury to a person; 04 (2) class B felonies, which characteristically involve conduct resulting 05 in less severe violence against a person than class A felonies, aggravated offenses 06 against property interests, or aggravated offenses against public administration or 07 order; 08 (3) class C felonies, which characteristically involve conduct serious 09 enough to deserve felony classification but not serious enough to be classified as A or 10 B felonies; 11 (4) class A misdemeanors, which characteristically involve less severe 12 violence against a person, less serious offenses against property interests, less serious 13 offenses against public administration or order, or less serious offenses against public 14 health and decency than felonies; 15 (5) class B misdemeanors, which characteristically involve a minor 16 risk of physical injury to a person, minor offenses against property interests, minor 17 offenses against public administration or order, or minor offenses against public health 18 and decency; 19 (6) violations, which characteristically involve conduct inappropriate 20 to an orderly society but which do not denote criminality in their commission. 21 * Sec. 7. AS 12.55.085(f) is amended to read: 22 (f) The court may not suspend the imposition of sentence of a person who 23 (1) is convicted of a violation of AS 11.41.100 - 11.41.220, 11.41.260 24 - 11.41.320, 11.41.355 - 11.41.365 [11.41.360 - 11.41.370], 11.41.410 - 11.41.530, 25 AS 11.46.400, or AS 11.61.125 - 11.61.128; 26 (2) uses a firearm in the commission of the offense for which the 27 person is convicted; or 28 (3) is convicted of a violation of AS 11.41.230 - 11.41.250 or a felony 29 and the person has one or more prior convictions for a misdemeanor violation of 30 AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction 31 having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a
01 felony in this state; for the purposes of this paragraph, a person shall be considered to 02 have a prior conviction even if that conviction has been set aside under (e) of this 03 section or under the equivalent provision of the laws of another jurisdiction. 04 * Sec. 8. AS 12.55.100(e) is amended to read: 05 (e) In addition to other conditions imposed on the defendant, while on 06 probation and as a condition of probation 07 (1) for a sex offense, as described in AS 12.63.100, the defendant 08 (A) shall be required to submit to regular periodic polygraph 09 examinations; 10 (B) may be required to provide each electronic mail address, 11 instant messaging address, and other Internet communication identifier that the 12 defendant uses to the defendant's probation officer; the probation officer shall 13 forward those addresses and identifiers to the Alaska state troopers and to the 14 local law enforcement agency; 15 (2) if the defendant was convicted of a violation of AS 11.41.434 - 16 11.41.455, AS 11.61.125 - 11.61.128, or a similar offense in another jurisdiction, the 17 defendant may be required to refrain from 18 (A) using or creating an Internet website [SITE]; 19 (B) communicating with children under 16 years of age; [OR] 20 (C) possessing or using a computer; or 21 (D) residing within 500 feet of school grounds as defined in 22 AS 11.71.900. 23 * Sec. 9. AS 12.55.125(i) is amended to read: 24 (i) A defendant convicted of 25 (1) sexual assault in the first degree, sexual abuse of a minor in the 26 first degree, [OR] promoting prostitution in the first degree under AS 11.66.110(a)(2), 27 or human trafficking in the first degree under AS 11.41.355 may be sentenced to a 28 definite term of imprisonment of not more than 99 years and shall be sentenced to a 29 definite term within the following presumptive ranges, subject to adjustment as 30 provided in 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) less than 13 years of age, 25 to 35 years; 04 (ii) 13 years of age or older, 20 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, 30 to 40 years; 10 (D) if the offense is a second felony conviction and the 11 defendant has a prior conviction for a sexual felony, 35 to 45 years; 12 (E) if the offense is a third felony conviction and the defendant 13 is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 14 to 60 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 (2) attempt, conspiracy, or solicitation to commit sexual assault in the 19 first degree, sexual abuse of a minor in the first degree, [OR] promoting prostitution in 20 the first degree under AS 11.66.110(a)(2), or human trafficking in the first degree 21 under AS 11.41.355 may be sentenced to a definite term of imprisonment of not more 22 than 99 years and shall be sentenced to a definite term within the following 23 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 24 (A) if the offense is a first felony conviction, the offense does 25 not involve circumstances described in (B) of this paragraph, and the victim 26 was 27 (i) under 13 years of age, 20 to 30 years; 28 (ii) 13 years of age or older, 15 to 30 years; 29 (B) if the offense is a first felony conviction and the defendant 30 possessed a firearm, used a dangerous instrument, or caused serious physical 31 injury during the commission of the offense, 25 to 35 years;
01 (C) if the offense is a second felony conviction and does not 02 involve circumstances described in (D) of this paragraph, 25 to 35 years; 03 (D) if the offense is a second felony conviction and the 04 defendant has a prior conviction for a sexual felony, 30 to 40 years; 05 (E) if the offense is a third felony conviction, the offense does 06 not involve circumstances described in (F) of this paragraph, and the defendant 07 is not subject to sentencing under (l) of this section, 35 to 50 years; 08 (F) if the offense is a third felony conviction, the defendant is 09 not subject to sentencing under (l) of this section, and the defendant has two 10 prior convictions for sexual felonies, 99 years; 11 (3) sexual assault in the second degree, sexual abuse of a minor in the 12 second degree, unlawful exploitation of a minor, or distribution of child pornography 13 may be sentenced to a definite term of imprisonment of not more than 99 years and 14 shall be sentenced to a definite term within the following presumptive ranges, subject 15 to adjustment as provided in AS 12.55.155 - 12.55.175: 16 (A) if the offense is a first felony conviction, five to 15 years; 17 (B) if the offense is a second felony conviction and does not 18 involve circumstances described in (C) of this paragraph, 10 to 25 years; 19 (C) if the offense is a second felony conviction and the 20 defendant has a prior conviction for a sexual felony, 15 to 30 years; 21 (D) if the offense is a third felony conviction and does not 22 involve circumstances described in (E) of this paragraph, 20 to 35 years; 23 (E) if the offense is a third felony conviction and the defendant 24 has two prior convictions for sexual felonies, 99 years; 25 (4) sexual assault in the third degree, incest, indecent exposure in the 26 first degree, possession of child pornography, or attempt, conspiracy, or solicitation to 27 commit sexual assault in the second degree, sexual abuse of a minor in the second 28 degree, unlawful exploitation of a minor, or distribution of child pornography, may be 29 sentenced to a definite term of imprisonment of not more than 99 years and shall be 30 sentenced to a definite term within the following presumptive ranges, subject to 31 adjustment as provided in AS 12.55.155 - 12.55.175:
01 (A) if the offense is a first felony conviction, two to 12 years; 02 (B) if the offense is a second felony conviction and does not 03 involve circumstances described in (C) of this paragraph, eight to 15 years; 04 (C) if the offense is a second felony conviction and the 05 defendant has a prior conviction for a sexual felony, 12 to 20 years; 06 (D) if the offense is a third felony conviction and does not 07 involve circumstances described in (E) of this paragraph, 15 to 25 years; 08 (E) if the offense is a third felony conviction and the defendant 09 has two prior convictions for sexual felonies, 99 years. 10 * Sec. 10. AS 12.63.100(6) is amended to read: 11 (6) "sex offense" means 12 (A) a crime under AS 11.41.100(a)(3), or a similar law of 13 another jurisdiction, in which the person committed or attempted to commit a 14 sexual offense, or a similar offense under the laws of the other jurisdiction; in 15 this subparagraph, "sexual offense" has the meaning given in 16 AS 11.41.100(a)(3); 17 (B) a crime under AS 11.41.110(a)(3), or a similar law of 18 another jurisdiction, in which the person committed or attempted to commit 19 one of the following crimes, or a similar law of another jurisdiction: 20 (i) sexual assault in the first degree; 21 (ii) sexual assault in the second degree; 22 (iii) sexual abuse of a minor in the first degree; or 23 (iv) sexual abuse of a minor in the second degree; or 24 (C) a crime, or an attempt, solicitation, or conspiracy to commit 25 a crime, under the following statutes or a similar law of another jurisdiction: 26 (i) AS 11.41.410 - 11.41.438; 27 (ii) AS 11.41.440(a)(2); 28 (iii) AS 11.41.450 - 11.41.458; 29 (iv) AS 11.41.460 if the indecent exposure is before a 30 person under 16 years of age and the offender has a previous conviction 31 for that offense;
01 (v) AS 11.61.125 - 11.61.128; 02 (vi) AS 11.66.110 or 11.66.130(a)(2) if the person who 03 was induced or caused to engage in prostitution was 16 or 17 years of 04 age at the time of the offense; 05 (vii) former AS 11.15.120, former 11.15.134, or assault 06 with the intent to commit rape under former AS 11.15.160, former 07 AS 11.40.110, or former 11.40.200; [OR] 08 (viii) AS 11.61.118(a)(2) if the offender has a previous 09 conviction for that offense; or 10 (ix) AS 11.41.355; 11 * Sec. 11. AS 11.41.360(b)(1) and 11.41.360(b)(3) are repealed.