HB 82: "An Act relating to probation and parole officers and the crime of sexual assault."
00 HOUSE BILL NO. 82 01 "An Act relating to probation and parole officers and the crime of sexual assault." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 11.41.425(a) is amended to read: 04 (a) An offender commits the crime of sexual assault in the third degree if the 05 offender 06 (1) engages in sexual contact with a person who the offender knows is 07 (A) mentally incapable; 08 (B) incapacitated; or 09 (C) unaware that a sexual act is being committed; 10 (2) while employed in a state correctional facility or other placement 11 designated by the commissioner of corrections for the custody and care of prisoners, 12 engages in sexual penetration with a person who the offender knows is committed to 13 the custody of the Department of Corrections to serve a term of imprisonment or 14 period of temporary commitment; 15 (3) engages in sexual penetration with a person 18 or 19 years of age
01 who the offender knows is committed to the custody of the Department of Health and 02 Social Services under AS 47.10 or AS 47.12 and the offender is the legal guardian of 03 the person; [OR] 04 (4) while employed in the state by a law enforcement agency as a 05 peace officer, or while acting as a peace officer in the state, engages in sexual 06 penetration with a person with reckless disregard that the person is in the custody or 07 the apparent custody of the offender, or is committed to the custody of a law 08 enforcement agency; or 09 (5) while employed in the state as a probation or parole officer by 10 the Department of Corrections, engages in sexual penetration with a person the 11 offender knows to be a probationer or parolee committed to the supervision of 12 the Department of Corrections. 13 * Sec. 2. AS 11.41.427(a) is amended to read: 14 (a) An offender commits the crime of sexual assault in the fourth degree if 15 (1) while employed in a state correctional facility or other placement 16 designated by the commissioner of corrections for the custody and care of prisoners, 17 the offender engages in sexual contact with a person who the offender knows is 18 committed to the custody of the Department of Corrections to serve a term of 19 imprisonment or period of temporary commitment; 20 (2) the offender engages in sexual contact with a person 18 or 19 years 21 of age who the offender knows is committed to the custody of the Department of 22 Health and Social Services under AS 47.10 or AS 47.12 and the offender is the legal 23 guardian of the person; [OR] 24 (3) while employed in the state by a law enforcement agency as a 25 peace officer, or while acting as a peace officer in the state, the offender engages in 26 sexual contact with a person with reckless disregard that the person is in the custody or 27 the apparent custody of the offender, or is committed to the custody of a law 28 enforcement agency; or 29 (4) while employed in the state as a probation or parole officer by 30 the Department of Corrections, engages in sexual contact with a person the 31 offender knows to be a probationer or parolee committed to the supervision of
01 the Department of Corrections. 02 * Sec. 3. AS 12.10.010(a) is amended to read: 03 (a) Prosecution for the following offenses may be commenced at any time: 04 (1) murder; 05 (2) attempt, solicitation, or conspiracy to commit murder or hindering 06 the prosecution of murder; 07 (3) felony sexual abuse of a minor; 08 (4) sexual assault that is an unclassified, class A, or class B felony or a 09 violation of AS 11.41.425(a)(2) - (5) [AS 11.41.425(a)(2) - (4)]; 10 (5) a violation of AS 11.41.425, 11.41.427, 11.41.450 - 11.41.458, 11 AS 11.66.110 - 11.66.130, or former AS 11.41.430, when committed against a person 12 who, at the time of the offense, was under 18 years of age; 13 (6) kidnapping.