CSSB 110(JUD): "An Act relating to human trafficking and sex trafficking, to punishment and fines for those offenses, and to peace officer powers to enforce human trafficking and sex trafficking laws in licensed premises; including human trafficking in the first degree and sex trafficking in the first degree in the definition of 'serious felony offense' for the offense of conspiracy and including sex trafficking and online enticement of a minor in the definition of 'most serious felony' for sentencing; relating to prostitution and promoting prostitution; relating to sex offenses; including human trafficking and sex trafficking in the list of offenses that make hearings for certain delinquent minors public and require disclosure of the names of certain delinquent minors; and providing for an effective date."
00 CS FOR SENATE BILL NO. 110(JUD) 01 "An Act relating to human trafficking and sex trafficking, to punishment and fines for 02 those offenses, and to peace officer powers to enforce human trafficking and sex 03 trafficking laws in licensed premises; including human trafficking in the first degree and 04 sex trafficking in the first degree in the definition of 'serious felony offense' for the 05 offense of conspiracy and including sex trafficking and online enticement of a minor in 06 the definition of 'most serious felony' for sentencing; relating to prostitution and 07 promoting prostitution; relating to sex offenses; including human trafficking and sex 08 trafficking in the list of offenses that make hearings for certain delinquent minors public 09 and require disclosure of the names of certain delinquent minors; and providing for an 10 effective date." 11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 12 * Section 1. AS 04.06.110 is amended to read:
01 Sec. 04.06.110. Peace officer powers. The director and the persons employed 02 for the administration and enforcement of this title may, with the concurrence of the 03 commissioner of public safety, exercise the powers of peace officers when those 04 powers are specifically granted by the board. Powers granted by the board under this 05 section may be exercised only when necessary for the enforcement of the criminally 06 punishable provisions of this title, regulations of the board, and other criminally 07 punishable laws and regulations, including investigation of violations of laws against 08 prostitution and sex trafficking [PROMOTING PROSTITUTION] described in AS 09 11.66.100 - 11.66.135, human trafficking described in AS 11.41.355 - 11.41.365, 10 [AS 11.66.100 - 11.66.130] and laws against gambling, promoting gambling, and 11 related offenses described in AS 11.66.200 - 11.66.280. 12 * Sec. 2. AS 04.11.370(a) is amended to read: 13 (a) A license or permit shall be suspended or revoked if the board finds 14 (1) misrepresentation of a material fact on an application made under 15 this title or a regulation adopted under this title; 16 (2) continuation of the manufacture, sale, or service of alcoholic 17 beverages by the licensee or permittee would be contrary to the best interests of the 18 public; 19 (3) failure on the part of the licensee to correct a defect that constitutes 20 a violation of this title, a condition or restriction imposed by the board, a regulation 21 adopted under this title, or other laws after receipt of notice issued by the board or its 22 agent; 23 (4) conviction of a licensee of a violation of this title, a regulation 24 adopted under this title, or an ordinance adopted under AS 04.21.010; 25 (5) conviction of an agent or employee of a licensee of a violation of 26 this title, a regulation adopted under this title, or an ordinance adopted under AS 27 04.21.010, if the licensee is found by the board to have either knowingly allowed the 28 violation or to have recklessly or with criminal negligence failed to act in accordance 29 with the duty prescribed under AS 04.21.030 with the result that the agent or 30 employee violates a law, regulation, or ordinance; 31 (6) failure of the licensee to comply with the public health, fire, or
01 safety laws and regulations in the state; 02 (7) use of the licensed premises as a resort for illegal possessors or 03 users of narcotics, prostitutes, human traffickers, or sex traffickers [PROMOTERS 04 OF PROSTITUTION]; in addition to any other legally competent evidence, the 05 character of the premises may be proved by the general reputation of the premises in 06 the community as a resort for illegal possessors or users of narcotics, prostitutes, 07 human traffickers, or sex traffickers [PROMOTERS OF PROSTITUTION]; 08 (8) occurrence of illegal gambling within the limits of the licensed 09 premises; 10 (9) the licensee permitted a public offense involving moral turpitude to 11 occur on the licensed premises; 12 (10) violation by a licensee of this title, a condition or restriction 13 imposed by the board, a regulation adopted under this title, or an ordinance adopted 14 under AS 04.21.010; or 15 (11) violation by an agent or employee of a licensee of a provision of 16 this title, a condition or restriction imposed by the board, a regulation adopted under 17 this title, or an ordinance adopted under AS 04.21.010, if the licensee is found by the 18 board to have either knowingly allowed the violation or to have recklessly or with 19 criminal negligence failed to act in accordance with the duty prescribed under AS 20 04.21.030 with the result that the agent or employee violates the law, condition or 21 restriction, regulation, or ordinance. 22 * Sec. 3. AS 11.31.120(h)(2) is amended to read: 23 (2) "serious felony offense" means an offense 24 (A) against the person under AS 11.41, punishable as an 25 unclassified or class A felony; 26 (B) involving controlled substances under AS 11.71, 27 punishable as an unclassified, class A, or class B felony; 28 (C) that is criminal mischief in the first degree under AS 29 11.46.475; [OR] 30 (D) that is terroristic threatening in the first degree under AS 31 11.56.807;
01 (E) that is human trafficking in the first degree under AS 02 11.41.355; or 03 (F) that is sex trafficking in the first degree under AS 04 11.66.110. 05 * Sec. 4. AS 11.41 is amended by adding a new section to read: 06 Sec. 11.41.355. Human trafficking in the first degree. (a) A person commits 07 the crime of human trafficking in the first degree if 08 (1) the person violates AS 11.41.360 by compelling or inducing 09 another person to engage in 10 (A) sexual conduct; 11 (B) adult entertainment; or 12 (C) an act described in AS 11.41.455(a)(1) - (7); and 13 (2) the other person compelled or induced is under 18 years of age. 14 (b) Human trafficking in the first degree is an unclassified felony. 15 * Sec. 5. AS 11.41.360(a) is amended to read: 16 (a) A person commits the crime of human trafficking in the second [FIRST] 17 degree if the person compels or induces another person to [COME TO THIS STATE 18 TO] engage in sexual conduct, adult entertainment, or labor in the state by force or 19 threat of force against any person, or by deception. 20 * Sec. 6. AS 11.41.360(c) is amended to read: 21 (c) Human trafficking in the second [FIRST] degree is a class A felony. 22 * Sec. 7. AS 11.41.365 is amended to read: 23 Sec. 11.41.365. Human trafficking in the third [SECOND] degree. (a) A 24 person commits the crime of human trafficking in the third [SECOND] degree if the 25 person obtains a benefit from the commission of human trafficking under AS 26 11.41.355 or 11.41.360 [AS 11.41.360,] with reckless disregard that the benefit is a 27 result of the trafficking. 28 (b) Human trafficking in the third [SECOND] degree is a class B felony. 29 * Sec. 8. AS 11.41.370 is amended by adding new paragraphs to read: 30 (4) "adult entertainment" means the conduct described in AS 31 23.10.350(f)(1) - (3);
01 (5) "sexual conduct" has the meaning given in AS 11.66.150. 02 * Sec. 9. AS 11.66.100(b) is amended to read: 03 (b) Except as provided in (c) of this section, prostitution 04 [PROSTITUTION] is a class B misdemeanor. 05 * Sec. 10. AS 11.66.100 is amended by adding new subsections to read: 06 (c) Prostitution is a class C felony if 07 (1) the defendant violates (a) of this section as a patron of a prostitute; 08 (2) the prostitute is under 18 years of age; and 09 (3) the defendant is over 18 years of age and at least three years older 10 than the prostitute. 11 (d) In a prosecution under (c) of this section, it is an affirmative defense that, 12 at the time of the alleged offense, the defendant 13 (1) reasonably believed the prostitute to be 18 years of age or older; 14 and 15 (2) undertook reasonable measures to verify that the prostitute was 18 16 years of age or older. 17 * Sec. 11. AS 11.66.110(a) is amended to read: 18 (a) A person commits the crime of sex trafficking [PROMOTING 19 PROSTITUTION] in the first degree if the person 20 (1) induces or causes a person to engage in prostitution through the use 21 of force; 22 (2) as other than a patron of a prostitute, induces or causes a person 23 under 18 years of age to engage in prostitution; or 24 (3) induces or causes a person in that person's legal custody to engage 25 in prostitution. 26 * Sec. 12. AS 11.66.110(c) is amended to read: 27 (c) Except as provided in (d) of this section, sex trafficking [PROMOTING 28 PROSTITUTION] in the first degree is a class A felony. 29 * Sec. 13. AS 11.66.120 is amended to read: 30 Sec. 11.66.120. Sex trafficking [PROMOTING PROSTITUTION] in the 31 second degree. (a) A person commits the crime of sex trafficking [PROMOTING
01 PROSTITUTION] in the second degree if the person 02 (1) manages, supervises, controls, or owns, either alone or in 03 association with others, a prostitution enterprise other than a place of prostitution; 04 (2) procures or solicits a patron for a prostitute; or 05 (3) offers, sells, advertises, promotes, or facilitates travel that includes 06 commercial sexual conduct as enticement for the travel; in this paragraph, 07 "commercial sexual conduct" means sexual conduct for which anything of value is 08 given or received by any person. 09 (b) Sex trafficking [PROMOTING PROSTITUTION] in the second degree is 10 a class B felony. 11 * Sec. 14. AS 11.66.130 is amended to read: 12 Sec. 11.66.130. Sex trafficking [PROMOTING PROSTITUTION] in the 13 third degree. (a) A person commits the crime of sex trafficking [PROMOTING 14 PROSTITUTION] in the third degree if, with intent to promote prostitution, the 15 person 16 (1) manages, supervises, controls, or owns, either alone or in 17 association with others, a place of prostitution; 18 (2) as other than a patron of a prostitute, induces or causes a person 18 19 years of age or older to engage in prostitution; 20 (3) as other than a prostitute receiving compensation for personally 21 rendered prostitution services, receives or agrees to receive money or other property 22 under [PURSUANT TO] an agreement or understanding that the money or other 23 property is derived from prostitution; or 24 (4) engages in conduct that institutes, aids, or facilitates a prostitution 25 enterprise. 26 (b) Sex trafficking [PROMOTING PROSTITUTION] in the third degree is a 27 class C felony. 28 * Sec. 15. AS 11.66.135 is amended to read: 29 Sec. 11.66.135. Sex trafficking [PROMOTING PROSTITUTION] in the 30 fourth degree. (a) A person commits the crime of sex trafficking [PROMOTING 31 PROSTITUTION] in the fourth degree if the person engages in conduct that institutes,
01 aids, or facilitates prostitution under circumstances not proscribed under AS 02 11.66.130(a)(4). 03 (b) Sex trafficking [PROMOTING PROSTITUTION] in the fourth degree is 04 a class A misdemeanor. 05 * Sec. 16. AS 11.66.140 is amended to read: 06 Sec. 11.66.140. Corroboration of certain testimony not required. In a 07 prosecution under AS 11.66.110 - 11.66.135 [AS 11.66.110 - 11.66.130], it is not 08 necessary that the testimony of the person whose prostitution is alleged to have been 09 compelled or promoted be corroborated by the testimony of any other witness or by 10 documentary or other types of evidence. 11 * Sec. 17. AS 11.81.250(a) is amended to read: 12 (a) For purposes of sentencing under AS 12.55, all offenses defined in this 13 title, except murder in the first and second degree, attempted murder in the first 14 degree, solicitation to commit murder in the first degree, conspiracy to commit murder 15 in the first degree, murder of an unborn child, sexual assault in the first degree, sexual 16 abuse of a minor in the first degree, misconduct involving a controlled substance in the 17 first degree, sex trafficking [PROMOTING PROSTITUTION] in the first degree 18 under AS 11.66.110(a)(2), human trafficking in the first degree, and kidnapping, 19 are classified on the basis of their seriousness, according to the type of injury 20 characteristically caused or risked by commission of the offense and the culpability of 21 the offender. Except for murder in the first and second degree, attempted murder in the 22 first degree, solicitation to commit murder in the first degree, conspiracy to commit 23 murder in the first degree, murder of an unborn child, sexual assault in the first degree, 24 sexual abuse of a minor in the first degree, misconduct involving a controlled 25 substance in the first degree, sex trafficking [PROMOTING PROSTITUTION] in the 26 first degree under AS 11.66.110(a)(2), human trafficking in the first degree, and 27 kidnapping, the offenses in this title are classified into the following categories: 28 (1) class A felonies, which characteristically involve conduct resulting 29 in serious physical injury or a substantial risk of serious physical injury to a person; 30 (2) class B felonies, which characteristically involve conduct resulting 31 in less severe violence against a person than class A felonies, aggravated offenses
01 against property interests, or aggravated offenses against public administration or 02 order; 03 (3) class C felonies, which characteristically involve conduct serious 04 enough to deserve felony classification but not serious enough to be classified as A or 05 B felonies; 06 (4) class A misdemeanors, which characteristically involve less severe 07 violence against a person, less serious offenses against property interests, less serious 08 offenses against public administration or order, or less serious offenses against public 09 health and decency than felonies; 10 (5) class B misdemeanors, which characteristically involve a minor 11 risk of physical injury to a person, minor offenses against property interests, minor 12 offenses against public administration or order, or minor offenses against public health 13 and decency; 14 (6) violations, which characteristically involve conduct inappropriate 15 to an orderly society but which do not denote criminality in their commission. 16 * Sec. 18. AS 11.81.250(b) is amended to read: 17 (b) The classification of each felony defined in this title, except murder in the 18 first and second degree, attempted murder in the first degree, solicitation to commit 19 murder in the first degree, conspiracy to commit murder in the first degree, murder of 20 an unborn child, sexual assault in the first degree, sexual abuse of a minor in the first 21 degree, human trafficking in the first degree, misconduct involving a controlled 22 substance in the first degree, sex trafficking in the first degree under AS 23 11.66.110(a)(2), and kidnapping, is designated in the section defining it. A felony 24 under the [ALASKA] law of this state defined outside this title for which no penalty 25 is specifically provided is a class C felony. 26 * Sec. 19. AS 12.55.035(b) is amended to read: 27 (b) Upon conviction of an offense, a defendant who is not an organization may 28 be sentenced to pay, unless otherwise specified in the provision of law defining the 29 offense, a fine of not [NO] more than 30 (1) $500,000 for murder in the first or second degree, attempted 31 murder in the first degree, murder of an unborn child, sexual assault in the first degree,
01 sexual abuse of a minor in the first degree, kidnapping, sex trafficking 02 [PROMOTING PROSTITUTION] in the first degree under AS 11.66.110(a)(2), 03 human trafficking in the first degree or misconduct involving a controlled substance 04 in the first degree; 05 (2) $250,000 for a class A felony; 06 (3) $100,000 for a class B felony; 07 (4) $50,000 for a class C felony; 08 (5) $10,000 for a class A misdemeanor; 09 (6) $2,000 for a class B misdemeanor; 10 (7) $500 for a violation. 11 * Sec. 20. AS 12.55.085(f) is amended to read: 12 (f) The court may not suspend the imposition of sentence of a person who 13 (1) is convicted of a violation of AS 11.41.100 - 11.41.220, 11.41.260 14 - 11.41.320, 11.41.355 - 11.41.365 [11.41.360 - 11.41.370], 11.41.410 - 11.41.530, AS 15 11.46.400, or AS 11.61.125 - 11.61.128; 16 (2) uses a firearm in the commission of the offense for which the 17 person is convicted; or 18 (3) is convicted of a violation of AS 11.41.230 - 11.41.250 or a felony 19 and the person has one or more prior convictions for a misdemeanor violation of AS 20 11.41 or for a felony or for a violation of a law in this or another jurisdiction having 21 similar elements to an offense defined as a misdemeanor in AS 11.41 or as a felony in 22 this state; for the purposes of this paragraph, a person shall be considered to have a 23 prior conviction even if that conviction has been set aside under (e) of this section or 24 under the equivalent provision of the laws of another jurisdiction. 25 * Sec. 21. AS 12.55.125 is amended to read: 26 (i) A defendant convicted of 27 (1) sexual assault in the first degree, sexual abuse of a minor in the 28 first degree, sex trafficking [OR PROMOTING PROSTITUTION] in the first degree 29 under AS 11.66.110(a)(2), or human trafficking in the first degree may be 30 sentenced to a definite term of imprisonment of not more than 99 years and shall be 31 sentenced to a definite term within the following presumptive ranges, subject to
01 adjustment as provided in AS 12.55.155 - 12.55.175: 02 (A) if the offense is a first felony conviction, the offense does 03 not involve circumstances described in (B) of this paragraph, and the victim 04 was 05 (i) less than 13 years of age, 25 to 35 years; 06 (ii) 13 years of age or older, 20 to 30 years; 07 (B) if the offense is a first felony conviction and the defendant 08 possessed a firearm, used a dangerous instrument, or caused serious physical 09 injury during the commission of the offense, 25 to 35 years; 10 (C) if the offense is a second felony conviction and does not 11 involve circumstances described in (D) of this paragraph, 30 to 40 years; 12 (D) if the offense is a second felony conviction and the 13 defendant has a prior conviction for a sexual felony, 35 to 45 years; 14 (E) if the offense is a third felony conviction and the defendant 15 is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 16 to 60 years; 17 (F) if the offense is a third felony conviction, the defendant is 18 not subject to sentencing under (l) of this section, and the defendant has two 19 prior convictions for sexual felonies, 99 years; 20 (2) human trafficking in the second degree under AS 11.41.360 21 involving sexual conduct or adult entertainment, unlawful exploitation of a minor 22 under AS 11.41.455(c)(2), online enticement of a minor under AS 11.41.452(e), or 23 attempt, conspiracy, or solicitation to commit sexual assault in the first degree, sexual 24 abuse of a minor in the first degree, sex trafficking [OR PROMOTING 25 PROSTITUTION] in the first degree under AS 11.66.110(a)(2), or human 26 trafficking in the first degree may be sentenced to a definite term of imprisonment of 27 not more than 99 years and shall be sentenced to a definite term within the following 28 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 29 (A) if the offense is a first felony conviction, the offense does 30 not involve circumstances described in (B) of this paragraph, and the victim 31 was
01 (i) under 13 years of age, 20 to 30 years; 02 (ii) 13 years of age or older, 15 to 30 years; 03 (B) if the offense is a first felony conviction and the defendant 04 possessed a firearm, used a dangerous instrument, or caused serious physical 05 injury during the commission of the offense, 25 to 35 years; 06 (C) if the offense is a second felony conviction and does not 07 involve circumstances described in (D) of this paragraph, 25 to 35 years; 08 (D) if the offense is a second felony conviction and the 09 defendant has a prior conviction for a sexual felony, 30 to 40 years; 10 (E) if the offense is a third felony conviction, the offense does 11 not involve circumstances described in (F) of this paragraph, and the defendant 12 is not subject to sentencing under (l) of this section, 35 to 50 years; 13 (F) if the offense is a third felony conviction, the defendant is 14 not subject to sentencing under (l) of this section, and the defendant has two 15 prior convictions for sexual felonies, 99 years; 16 (3) sexual assault in the second degree, sexual abuse of a minor in the 17 second degree, online enticement of a minor under AS 11.41.452(d), unlawful 18 exploitation of a minor under AS 11.41.455(c)(1), [OR] distribution of child 19 pornography under AS 11.61.125(e)(2), or attempt, conspiracy, or solicitation to 20 commit human trafficking in the second degree under AS 11.41.360 involving 21 sexual conduct or adult entertainment, may be sentenced to a definite term of 22 imprisonment of not more than 99 years and shall be sentenced to a definite term 23 within the following presumptive ranges, subject to adjustment as provided in AS 24 12.55.155 - 12.55.175: 25 (A) if the offense is a first felony conviction, five to 15 years; 26 (B) if the offense is a second felony conviction and does not 27 involve circumstances described in (C) of this paragraph, 10 to 25 years; 28 (C) if the offense is a second felony conviction and the 29 defendant has a prior conviction for a sexual felony, 15 to 30 years; 30 (D) if the offense is a third felony conviction and does not 31 involve circumstances described in (E) of this paragraph, 20 to 35 years;
01 (E) if the offense is a third felony conviction and the defendant 02 has two prior convictions for sexual felonies, 99 years; 03 (4) sexual assault in the third degree, incest, indecent exposure in the 04 first degree, possession of child pornography, distribution of child pornography under 05 AS 11.61.125(e)(1), or attempt, conspiracy, or solicitation to commit sexual assault in 06 the second degree, sexual abuse of a minor in the second degree, unlawful exploitation 07 of a minor, or distribution of child pornography, may be sentenced to a definite term 08 of imprisonment of not more than 99 years and shall be sentenced to a definite term 09 within the following presumptive ranges, subject to adjustment as provided in AS 10 12.55.155 - 12.55.175: 11 (A) if the offense is a first felony conviction, two to 12 years; 12 (B) if the offense is a second felony conviction and does not 13 involve circumstances described in (C) of this paragraph, eight to 15 years; 14 (C) if the offense is a second felony conviction and the 15 defendant has a prior conviction for a sexual felony, 12 to 20 years; 16 (D) if the offense is a third felony conviction and does not 17 involve circumstances described in (E) of this paragraph, 15 to 25 years; 18 (E) if the offense is a third felony conviction and the defendant 19 has two prior convictions for sexual felonies, 99 years. 20 * Sec. 22. AS 12.55.185(10) is amended to read: 21 (10) "most serious felony" means 22 (A) arson in the first degree, sex trafficking [PROMOTING 23 PROSTITUTION] in the first degree under AS 11.66.110(a)(2), online 24 enticement of a minor under AS 11.41.452(e), or any unclassified or class A 25 felony prescribed under AS 11.41; or 26 (B) an attempt, or conspiracy to commit, or criminal 27 solicitation under AS 11.31.110 of, an unclassified felony prescribed under AS 28 11.41; 29 * Sec. 23. AS 12.55.185(16) is amended to read: 30 (16) "sexual felony" means sexual assault in the first degree, sexual 31 abuse of a minor in the first degree, human trafficking in the first degree, sex
01 trafficking in the first degree under AS 11.66.110(a)(2), sexual assault in the second 02 degree, sexual abuse of a minor in the second degree, online enticement of a minor, 03 unlawful exploitation of a minor, distribution of child pornography, human 04 trafficking in the second degree involving sexual conduct or adult entertainment, 05 sexual assault in the third degree, incest, indecent exposure in the first degree, 06 possession of child pornography, and felony attempt, conspiracy, or solicitation to 07 commit those crimes; 08 * Sec. 24. AS 12.63.100(6) is amended to read: 09 (6) "sex offense" means 10 (A) a crime under AS 11.41.100(a)(3), or a similar law of 11 another jurisdiction, in which the person committed or attempted to commit a 12 sexual offense, or a similar offense under the laws of the other jurisdiction; in 13 this subparagraph, "sexual offense" has the meaning given in AS 14 11.41.100(a)(3); 15 (B) a crime under AS 11.41.110(a)(3), or a similar law of 16 another jurisdiction, in which the person committed or attempted to commit 17 one of the following crimes, or a similar law of another jurisdiction: 18 (i) sexual assault in the first degree; 19 (ii) sexual assault in the second degree; 20 (iii) sexual abuse of a minor in the first degree; or 21 (iv) sexual abuse of a minor in the second degree; or 22 (C) a crime, or an attempt, solicitation, or conspiracy to commit 23 a crime, under the following statutes or a similar law of another jurisdiction: 24 (i) AS 11.41.410 - 11.41.438; 25 (ii) AS 11.41.440(a)(2); 26 (iii) AS 11.41.450 - 11.41.458; 27 (iv) AS 11.41.460 if the indecent exposure is before a 28 person under 16 years of age and the offender has a previous conviction 29 for that offense; 30 (v) AS 11.61.125 - 11.61.128; 31 (vi) AS 11.66.110 or 11.66.130(a)(2) if the person who
01 was induced or caused to engage in prostitution was 16 or 17 years of 02 age at the time of the offense; 03 (vii) former AS 11.15.120, former 11.15.134, or assault 04 with the intent to commit rape under former AS 11.15.160, former AS 05 11.40.110, or former 11.40.200; [OR] 06 (viii) AS 11.61.118(a)(2) if the offender has a previous 07 conviction for that offense; 08 (ix) human trafficking in the first degree under AS 09 11.41.355; 10 (x) sex trafficking in the first degree under AS 11 11.66.110(a)(2); 12 * Sec. 25. AS 15.80.010(9) is amended to read: 13 (9) "felony involving moral turpitude" includes those crimes that are 14 immoral or wrong in themselves such as murder, manslaughter, assault, sexual assault, 15 sexual abuse of a minor, unlawful exploitation of a minor, robbery, extortion, 16 coercion, kidnapping, incest, arson, burglary, theft, forgery, criminal possession of a 17 forgery device, offering a false instrument for recording, scheme to defraud, falsifying 18 business records, commercial bribe receiving, commercial bribery, bribery, receiving a 19 bribe, perjury, perjury by inconsistent statements, endangering the welfare of a minor, 20 escape, promoting contraband, interference with official proceedings, receiving a bribe 21 by a witness or a juror, jury tampering, misconduct by a juror, tampering with physical 22 evidence, hindering prosecution, terroristic threatening, riot, criminal possession of 23 explosives, unlawful furnishing of explosives, sex trafficking, human trafficking 24 [PROMOTING PROSTITUTION], criminal mischief, misconduct involving a 25 controlled substance or an imitation controlled substance, permitting an escape, 26 promoting gambling, possession of gambling records, distribution of child 27 pornography, and possession of child pornography; 28 * Sec. 26. AS 28.15.046(c) is amended to read: 29 (c) The department may not issue a license under this section to an applicant 30 who has been convicted of any of the following offenses within 20 years of the time of 31 application:
01 (1) sexual abuse of a minor in any degree under AS 11.41.434 - 02 11.41.440; 03 (2) sexual assault in any degree under AS 11.41.410 - 11.41.425; 04 (3) incest under AS 11.41.450; 05 (4) unlawful exploitation of a minor under AS 11.41.455; 06 (5) contributing to the delinquency of a minor under AS 11.51.130; 07 (6) a felony involving possession of a controlled or imitation 08 controlled substance under AS 11.71 or AS 11.73; 09 (7) a felony or misdemeanor involving distribution of a controlled or 10 imitation controlled substance under AS 11.71 or AS 11.73; 11 (8) sex trafficking [PROMOTING PROSTITUTION] in the first or 12 second degree under AS 11.66.110 or 11.66.120; 13 (9) indecent exposure in the first or second degree under AS 11.41.458 14 or 11.41.460; 15 (10) human trafficking in the first degree under AS 11.41.355 and 16 human trafficking in the second degree involving sexual conduct or adult 17 entertainment. 18 * Sec. 27. AS 47.12.110(d) is amended to read: 19 (d) Notwithstanding (a) of this section, a court hearing on a petition seeking 20 the adjudication of a minor as a delinquent shall be open to the public, except as 21 prohibited or limited by order of the court, if 22 (1) the department files with the court a motion asking the court to 23 open the hearing to the public, and the petition seeking adjudication of the minor as a 24 delinquent is based on 25 (A) the minor's alleged commission of an offense, and the 26 minor has knowingly failed to comply with all the terms and conditions 27 required of the minor by the department or imposed on the minor in a court 28 order entered under AS 47.12.040(a)(2) or 47.12.120; 29 (B) the minor's alleged commission of 30 (i) a crime against a person that is punishable as a 31 felony;
01 (ii) a crime in which the minor employed a deadly 02 weapon, as that term is defined in AS 11.81.900(b), in committing the 03 crime; 04 (iii) arson under AS 11.46.400 - 11.46.410; 05 (iv) burglary under AS 11.46.300; 06 (v) distribution of child pornography under AS 07 11.61.125; 08 (vi) sex trafficking [PROMOTING PROSTITUTION] 09 in the first degree under AS 11.66.110; [OR] 10 (vii) misconduct involving a controlled substance under 11 AS 11.71 involving the delivery of a controlled substance or the 12 possession of a controlled substance with intent to deliver, other than 13 an offense under AS 11.71.040 or 11.71.050; or 14 (viii) human trafficking in the first degree under AS 15 11.41.355; or 16 (C) the minor's alleged commission of a felony and the minor 17 was 16 years of age or older at the time of commission of the offense when the 18 minor has previously been convicted or adjudicated a delinquent minor based 19 on the minor's commission of an offense that is a felony; or 20 (2) the minor agrees to a public hearing on the petition seeking 21 adjudication of the minor as a delinquent. 22 * Sec. 28. AS 47.12.315(a) is amended to read: 23 (a) Notwithstanding AS 47.12.310, when an agency takes action under AS 24 47.12.040(a)(1) to adjust a matter, or when, under AS 47.12.040(a)(2), the court 25 directs the agency to adjust the matter, the agency 26 (1) shall, for a minor who is at least 13 years of age at the time of 27 commission of the offense, disclose to the public the name of the minor, the name or 28 names of the parent, parents, or guardian of the minor, the action required by the 29 agency to be taken by the minor under AS 47.12.060 to adjust the matter, and 30 information about the offense exclusive of information that identifies the victim of the 31 offense, if the minor was, under AS 47.12.020, previously alleged to be a delinquent
01 minor on the basis of the minor's commission of at least one offense and, on the basis 02 of that allegation, a state agency has, under AS 47.12.040(a), been asked to make a 03 preliminary inquiry to determine if any action on that matter is appropriate, and, if the 04 minor is alleged to be a delinquent minor on the basis of the minor's commission of 05 another offense, exercise of agency jurisdiction is based on the minor's alleged 06 commission of that other offense, and that other offense is one of the following: 07 (A) a crime against a person that is punishable as a felony; 08 (B) a crime in which the minor employed a deadly weapon, as 09 that term is defined in AS 11.81.900(b), in committing the crime; 10 (C) arson under AS 11.46.400 - 11.46.410; 11 (D) burglary under AS 11.46.300; 12 (E) distribution of child pornography under AS 11.61.125; 13 (F) sex trafficking [PROMOTING PROSTITUTION] in the 14 first degree under AS 11.66.110; [OR] 15 (G) misconduct involving a controlled substance under AS 16 11.71 involving the delivery of a controlled substance or the possession of a 17 controlled substance with intent to deliver, other than an offense under AS 18 11.71.040 or 11.71.050; or 19 (H) human trafficking in the first degree under AS 20 11.41.355; and 21 (2) may, for a minor who is at least 13 years of age at the time of 22 commission of the offense, disclose to the public the name of the minor, the name or 23 names of the parent, parents, or guardian of the minor, the action required by the 24 agency to be taken by the minor under AS 47.12.060 to adjust the matter, and 25 information about the offense exclusive of information that identifies the victim of the 26 offense if the minor has knowingly failed to comply with all terms and conditions 27 required of the minor by the agency to adjust the matter under AS 47.12.060(b). 28 * Sec. 29. AS 11.41.360(b)(1) and 11.41.360(b)(3) are repealed. 29 * Sec. 30. The uncodified law of the State of Alaska is amended by adding a new section to 30 read: 31 APPLICABILITY. (a) Sections 1, 2, 11 - 15, 18, and 25 - 28 of this Act apply to
01 offenses committed before, on, or after the effective date of the Act. 02 (b) Sections 3 - 10, 16, 17, 19 - 24, and 29 of this Act apply to offenses committed on 03 or after the effective date of this Act. 04 * Sec. 31. The uncodified law of the State of Alaska is amended by adding a new section to 05 read: 06 REVISOR'S INSTRUCTION. The revisor of statutes is instructed to change the catch 07 line of AS 11.66.110 from "Promoting prostitution in the first degree" to "Sex trafficking in 08 the first degree." 09 * Sec. 32. This Act takes effect July 1, 2012.