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CSSB 210(JUD): "An Act relating to crimes against children; and providing for an effective date."

00 CS FOR SENATE BILL NO. 210(JUD) 01 "An Act relating to crimes against children; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 11.41.220(a) is amended to read: 04 (a) A person commits the crime of assault in the third degree if that person 05 (1) recklessly 06 (A) places another person in fear of imminent serious physical 07 injury by means of a dangerous instrument; 08 (B) causes physical injury to another person by means of a 09 dangerous instrument; or 10 (C) while being 18 years of age or older, 11 (i) causes physical injury to a child under 12 [10] years 12 of age and the injury would cause a reasonable caregiver to seek 13 medical attention from a health care professional in the form of 14 diagnosis or treatment; 15 (ii) causes physical injury to a child under 12 [10] years

01 of age on more than one occasion; 02 (2) with intent to place another person in fear of death or serious 03 physical injury to the person or the person's family member, makes repeated threats to 04 cause death or serious physical injury to another person; 05 (3) while being 18 years of age or older, knowingly causes physical 06 injury to a child under 16 years of age but at least 12 [10] years of age and the injury 07 reasonably requires medical treatment; 08 (4) with criminal negligence, causes serious physical injury under 09 AS 11.81.900(b)(56)(B) to another person by means of a dangerous instrument; or 10 (5) commits a crime that is a violation of AS 11.41.230(a)(1) or (2) 11 and, within the preceding 10 years, the person was convicted on two or more separate 12 occasions of crimes under 13 (A) AS 11.41.100 - 11.41.170; 14 (B) AS 11.41.200 - 11.41.220, 11.41.230(a)(1) or (2), 15 11.41.280, or 11.41.282; 16 (C) AS 11.41.260 or 11.41.270; 17 (D) AS 11.41.410, 11.41.420, or 11.41.425(a)(1); or 18 (E) a law or ordinance of this or another jurisdiction with 19 elements similar to those of an offense described in (A) - (D) of this paragraph. 20 * Sec. 2. AS 11.51.100(a) is amended to read: 21 (a) A person commits the crime of endangering the welfare of a child in the 22 first degree if, being a parent, guardian, or other person legally charged with the care 23 of a child under 16 years of age, the person 24 (1) intentionally deserts the child in a place under circumstances 25 creating a substantial risk of physical injury to the child; 26 (2) leaves the child with another person who is not a parent, guardian, 27 or lawful custodian of the child knowing that the person is 28 (A) registered or required to register as a sex offender or child 29 kidnapper under AS 12.63 or a law or ordinance in another jurisdiction with 30 similar requirements; 31 (B) charged by complaint, information, or indictment with a

01 violation of AS 11.41.410 - 11.41.455 or a law or ordinance in another 02 jurisdiction with similar elements; or 03 (C) charged by complaint, information, or indictment with an 04 attempt, solicitation, or conspiracy to commit a crime described in (B) of this 05 paragraph; [OR] 06 (3) leaves the child with another person knowing that the person has 07 previously physically mistreated or had sexual contact with any child, and the other 08 person causes physical injury or engages in sexual contact with the child; or 09 (4) recklessly fails to provide adequate food or liquids to a child, 10 causing protracted impairment of the child's health. 11 * Sec. 3. AS 11.51.100(f) is amended to read: 12 (f) Endangering the welfare of a child in the first degree under (a)(1), (2), or 13 (4) [OR (2)] of this section is a class C felony. 14 * Sec. 4. AS 11.81.900(56) is amended to read: 15 (56) "serious physical injury" means 16 (A) physical injury caused by an act performed under 17 circumstances that create a substantial risk of death; [OR] 18 (B) physical injury that causes serious and protracted 19 disfigurement, protracted impairment of health, protracted loss or impairment 20 of the function of a body member or organ, or that unlawfully terminates a 21 pregnancy; or 22 (C) physical injury to a person under 12 years of age that 23 causes 24 (i) serious disfigurement; 25 (ii) impairment of health, by serious bruising or 26 other injury, that reasonably requires medical evaluation or 27 treatment by a health care professional; 28 (iii) loss or impairment of the function of a body 29 member or organ; or 30 (iv) serious impediment of blood circulation or 31 breathing;

01 * Sec. 5. This Act takes effect July 1, 2012.