00 CS FOR HOUSE BILL NO. 307(MLV)
01 "An Act requiring a person who commits certain offenses under the code of military
02 justice to register as a sex offender or child kidnapper; relating to the Servicemembers
03 Civil Relief Act; relating to contracts made by servicemembers; relating to nonjudicial
04 punishment of members of the organized militia; relating to offenses subject to court-
05 martial proceedings; and providing for an effective date."
06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
07 * Section 1. AS 12.63.100(1) is amended to read:
08 (1) "aggravated sex offense" means
09 (A) a crime under AS 11.41.100(a)(3), or a similar law of
10 another jurisdiction, in which the person committed or attempted to commit a
11 sexual offense, or a similar offense under the laws of the other jurisdiction; in
12 this subparagraph, "sexual offense" has the meaning given in
13 AS 11.41.100(a)(3);
01 (B) a crime under AS 11.41.110(a)(3), or a similar law of
02 another jurisdiction, in which the person committed or attempted to commit
03 one of the following crimes, or a similar law of another jurisdiction:
04 (i) sexual assault in the first degree;
05 (ii) sexual assault in the second degree;
06 (iii) sexual abuse of a minor in the first degree; or
07 (iv) sexual abuse of a minor in the second degree; [OR]
08 (C) a crime, or an attempt, solicitation, or conspiracy to commit
09 a crime, under AS 11.41.410, 11.41.434, or a similar law of another
10 jurisdiction or a similar provision under a former law of this state;
11 (D) an offense, or an attempt, solicitation, or conspiracy to
12 commit an offense, under
13 (i) AS 26.05.890 if the person engaged in or
14 attempted to engage in sexual penetration; or
15 (ii) AS 26.05.893 if the prohibited sexual activity in
16 which the member of the militia engaged or attempted to engage is
17 sexual penetration;
18 * Sec. 2. AS 12.63.100(2) is amended to read:
19 (2) "child kidnapping" means
20 (A) a crime under AS 11.41.100(a)(3), or a similar law of
21 another jurisdiction, in which the person committed or attempted to commit
22 kidnapping;
23 (B) a crime under AS 11.41.110(a)(3), or a similar law of
24 another jurisdiction, in which the person committed or attempted to commit
25 kidnapping if the victim was under 18 years of age at the time of the offense;
26 [OR]
27 (C) a crime, or an attempt, solicitation, or conspiracy to commit
28 a crime, under AS 11.41.300, or a similar law of another jurisdiction or a
29 similar provision under a former law of this state, if the victim was under 18
30 years of age at the time of the offense; or
31 (D) an offense, or an attempt, solicitation, or conspiracy to
01 commit an offense, under AS 26.05.935(b) if
02 (i) the member of the militia commits the
03 enumerated offense of kidnapping, punishable under Article 134,
04 10 U.S.C. 934 (Uniform Code of Military Justice); and
05 (ii) the victim was under 18 years of age at the time
06 of the offense;
07 * Sec. 3. AS 12.63.100(6) is amended to read:
08 (6) "sex offense" means
09 (A) a crime under AS 11.41.100(a)(3), or a similar law of
10 another jurisdiction, in which the person committed or attempted to commit a
11 sexual offense, or a similar offense under the laws of the other jurisdiction; in
12 this subparagraph, "sexual offense" has the meaning given in
13 AS 11.41.100(a)(3);
14 (B) a crime under AS 11.41.110(a)(3), or a similar law of
15 another jurisdiction, in which the person committed or attempted to commit
16 one of the following crimes, or a similar law of another jurisdiction:
17 (i) sexual assault in the first degree;
18 (ii) sexual assault in the second degree;
19 (iii) sexual abuse of a minor in the first degree; or
20 (iv) sexual abuse of a minor in the second degree; or
21 (C) a crime, or an attempt, solicitation, or conspiracy to commit
22 a crime, under the following statutes or a similar law of another jurisdiction:
23 (i) AS 11.41.410 - 11.41.438;
24 (ii) AS 11.41.440(a)(2);
25 (iii) AS 11.41.450 - 11.41.458;
26 (iv) AS 11.41.460 if the indecent exposure is before a
27 person under 16 years of age and the offender has a previous conviction
28 for that offense or for an offense under AS 26.05.900(c);
29 (v) AS 11.61.125 - 11.61.128;
30 (vi) AS 11.66.110 or 11.66.130(a)(2)(B) if the person
31 who was induced or caused to engage in prostitution was under 20
01 years of age at the time of the offense;
02 (vii) former AS 11.15.120, former 11.15.134, or assault
03 with the intent to commit rape under former AS 11.15.160, former
04 AS 11.40.110, or former 11.40.200;
05 (viii) AS 11.61.118(a)(2) if the offender has a previous
06 conviction for that offense; [OR]
07 (ix) AS 11.66.100(a)(2) if the offender is subject to
08 punishment under AS 11.66.100(e);
09 (x) AS 26.05.890 if the person engaged in sexual
10 penetration or sexual contact with the victim;
11 (xi) AS 26.05.890 if, at the time of the offense, the
12 victim is under a duty to obey the lawful orders of the offender,
13 regardless of whether the offender is in the direct chain of
14 command over the victim;
15 (xii) AS 26.05.893;
16 (xiii) AS 26.05.900(a)(1) - (4) if the victim is under 18
17 years of age at the time of the offense;
18 (xiv) AS 26.05.900(b) if the person who is compelled
19 to engage in an act of prostitution is under 20 years of age at the
20 time of the offense;
21 (xv) AS 26.05.900(c) if the exposure is before a
22 person under 16 years of age and the offender has a previous
23 conviction for that offense or for an offense under AS 11.41.460;
24 (xvi) AS 26.05.900 if, at the time of the offense, the
25 victim is under a duty to obey the lawful orders of the offender,
26 regardless of whether the offender is in the direct chain of
27 command over the victim; or
28 (D) an offense, or an attempt, solicitation, or conspiracy to
29 commit an offense, under AS 26.05.935(b) if the member of the militia
30 commits one of the following enumerated offenses punishable under
31 Article 134, 10 U.S.C. 934 (Uniform Code of Military Justice):
01 (i) child pornography; or
02 (ii) pandering and prostitution if the person who is
03 induced, enticed, caused, or procured to engage in a sexual act is
04 under 20 years of age at the time of the offense;
05 * Sec. 4. AS 12.63.100 is amended by adding new paragraphs to read:
06 (8) "sexual contact" has the meaning given in AS 11.81.900;
07 (9) "sexual penetration" has the meaning given in AS 11.81.900.
08 * Sec. 5. AS 18.65.087(a) is amended to read:
09 (a) The Department of Public Safety shall maintain a central registry of sex
10 offenders and child kidnappers and shall adopt regulations necessary to carry out the
11 purposes of this section and AS 12.63. A post of the Alaska state troopers or a
12 municipal police department that receives registration or change of address
13 information under AS 12.63.010 shall forward the information within five working
14 days after [OF] receipt to the central registry of sex offenders and child kidnappers.
15 Unless the sex offender or child kidnapper provides proof satisfactory to the
16 department that the sex offender or child kidnapper is not physically present in the
17 state or that the time limits described in AS 12.63.010 have passed, the Department of
18 Public Safety may enter and maintain in the registry information described in
19 AS 12.63.010 about a sex offender or child kidnapper that the department obtains from
20 (1) the sex offender or child kidnapper under AS 12.63;
21 (2) a post of the Alaska state troopers or a municipal police department
22 under this subsection;
23 (3) a court judgment under AS 12.55.148, AS 26.05.890(h),
24 26.05.893(d), 26.05.900(e), or 26.05.935(d);
25 (4) the Department of Corrections under AS 33.30.012 or 33.30.035;
26 (5) the Federal Bureau of Investigation or another sex offender
27 registration agency outside this state if the information indicates that a sex offender or
28 child kidnapper is believed to be residing or planning to reside in the state or cannot be
29 located;
30 (6) a criminal justice agency in the state or another jurisdiction;
31 (7) the department's central repository under AS 12.62; information
01 entered in the registry from the repository is not subject to the requirements of
02 AS 12.62.160(c)(3) or (4);
03 (8) the Department of Military and Veterans' Affairs; or
04 (9) [OR (8)] another reliable source as defined in regulations adopted
05 by the department.
06 * Sec. 6. AS 26.05.135 is amended to read:
07 Sec. 26.05.135. Applicability of Servicemembers Civil Relief Act to
08 members of the organized militia; contracts [SUSPENSION OF
09 ENFORCEMENT OF CIVIL LIABILITIES]. The provisions of 50 U.S.C. 3901 -
10 4043 (Servicemembers Civil Relief Act) [50 U.S.C. APP. 501 - 590,] pertaining to
11 consumer transactions and the temporary suspension of enforcement of civil
12 liabilities of persons in the military service of the United States [,] apply to members
13 of the organized militia [ALASKA NATIONAL GUARD AND ALASKA NAVAL
14 MILITIA] while on active duty for the state by order of the governor.
15 * Sec. 7. AS 26.05.135 is amended by adding new subsections to read:
16 (b) In addition to the rights and protections provided under 50 U.S.C. 3901 -
17 4043 (Servicemembers Civil Relief Act) and (a) of this section, a servicemember may
18 terminate a contract for any of the following services provided in this state if the
19 servicemember receives official orders to relocate for a period of military service of at
20 least 90 days to a location that does not support the contract and the servicemember
21 provides written notice to the service provider as required under (c) of this section:
22 (1) Internet services;
23 (2) athletic club or gym memberships;
24 (3) satellite radio services; or
25 (4) television services.
26 (c) To terminate a contract under (b) of this section, the servicemember shall
27 provide the service provider with (1) written notice that the servicemember is
28 terminating the contract and the date the contract terminates, and (2) proof of the
29 official orders calling the servicemember into active military service. If possible, the
30 servicemember shall provide the proof of the official orders at the same time the
31 servicemember provides written notice terminating the contract. If, because of military
01 necessity or other circumstances, the servicemember is unable to provide proof of
02 official orders at the time the servicemember provides written notice terminating the
03 contract, the servicemember shall provide proof of the official orders not more than 90
04 days after providing written notice terminating the contract. A termination of contract
05 under this section is effective on the later of the following: the termination date the
06 servicemember indicates in the written notice terminating the contract or the date the
07 servicemember provides the written notice terminating the contract.
08 (d) A servicemember who terminates a contract under this section may
09 reinstate the contract when the servicemember is no longer in active military service if
10 the servicemember provides written notice not later than 90 days after the active
11 military service ends. Not later than 30 days after receiving a written notice of
12 reinstatement of a contract under this subsection, a service provider shall resume
13 providing services under the contract to the servicemember or, if the services
14 previously provided are no longer available, shall provide substantially similar
15 services to the servicemember.
16 (e) A service provider may not charge to a servicemember a penalty, fee, or
17 other cost, or retain the deposit of a servicemember, who terminates a contract under
18 this section. A servicemember who terminates a contract under this section is not
19 liable for payment for any services after the effective date of the termination of a
20 contract under this section.
21 (f) In this section,
22 (1) "organized militia" includes the units of the militia described in
23 AS 26.05.010(b)(1);
24 (2) "servicemember" means a member of the armed forces of the
25 United States or a member of the organized militia of the state.
26 * Sec. 8. AS 26.05.360(b) is amended to read:
27 (b) The regulations adopted under this section must
28 (1) provide for nonjudicial punishment; the regulations for nonjudicial
29 punishment may not provide for confinement or separation from military service [OR
30 PROHIBIT A MEMBER OF THE MILITIA FROM DECLINING THE
31 IMPOSITION OF NONJUDICIAL PUNISHMENT IN FAVOR OF A COURT-
01 MARTIAL];
02 (2) as the adjutant general and the governor consider practicable, apply
03 the principles of law and the rules of evidence and procedure governing military
04 criminal cases in the courts of the armed forces of the United States, but may not be
05 contrary to or inconsistent with this chapter or the applicable Alaska Rules of
06 Evidence;
07 (3) include rules of pretrial, trial, and post-trial procedure, including
08 methods of proof, for cases before courts-martial and courts of inquiry.
09 * Sec. 9. AS 26.05.555(a) is amended to read:
10 (a) A military judge or summary court-martial officer may punish for
11 contempt a person who
12 (1) uses a menacing word, sign, or gesture in its presence;
13 (2) [, OR WHO] disturbs its proceedings by any riot or disorder; or
14 (3) wilfully disobeys a lawful writ, process, order, rule, decree, or
15 command of the military judge or summary court-martial officer.
16 * Sec. 10. AS 26.05 is amended by adding a new section to read:
17 Sec. 26.05.697. Misprision of serious offense. A member of the militia who
18 (1) knows that another person has committed a serious offense, (2) wrongfully
19 conceals the commission of the offense, and (3) fails to make the commission of the
20 offense known to a civilian or military authority as soon as possible shall be punished
21 as a court-martial may direct.
22 * Sec. 11. AS 26.05.700 is amended to read:
23 Sec. 26.05.700. Conviction of lesser included offense. An accused may be
24 found guilty of an offense necessarily included in the offense charged, [OR] of an
25 attempt to commit either the offense under this chapter charged or an offense
26 necessarily included in the offense charged, or of an offense designated by the
27 President of the United States, in an appendix to the 2017 Manual for Courts-
28 Martial, United States, as a presidentially prescribed lesser included offense
29 under 10 U.S.C. 879.
30 * Sec. 12. AS 26.05.715 is amended by adding a new subsection to read:
31 (c) A member of the militia who solicits or advises another person to commit
01 an offense under this chapter, other than an offense specified in (a) or (b) of this
02 section, shall be punished as a court-martial may direct.
03 * Sec. 13. AS 26.05 is amended by adding a new section to read:
04 Sec. 26.05.737. False or unauthorized pass offenses. (a) A member of the
05 militia who wrongfully and falsely makes, alters, counterfeits, or tampers with a
06 military or official pass, permit, discharge certificate, or identification card shall be
07 punished as a court-martial may direct.
08 (b) A member of the militia who wrongfully sells, gives, lends, or disposes of
09 a false or unauthorized military or official pass, permit, discharge certificate, or
10 identification card, knowing that the pass, permit, discharge certificate, or
11 identification card is false or unauthorized, shall be punished as a court-martial may
12 direct.
13 (c) A member of the militia who wrongfully uses or possesses a false or
14 unauthorized military or official pass, permit, discharge certificate, or identification
15 card, knowing that the pass, permit, discharge certificate, or identification card is false
16 or unauthorized, shall be punished as a court-martial may direct.
17 * Sec. 14. AS 26.05.740 is amended to read:
18 Sec. 26.05.740. Missing movement; jumping from vessel. A member of the
19 militia who, (1) through neglect or design, misses the movement of a ship, aircraft, or
20 unit with which the member is required, in the course of duty, to move, or (2)
21 intentionally or wrongfully jumps into the water from a vessel in use by the
22 armed forces may be punished by up to one year of confinement, by separation with
23 characterization up to dishonorable discharge, and by such other punishment as a
24 court-martial may direct.
25 * Sec. 15. AS 26.05 is amended by adding new sections to read:
26 Sec. 26.05.767. Impersonation of officer, noncommissioned officer, petty
27 officer, agent, or official. (a) A member of the militia who wrongfully and wilfully
28 impersonates (1) an officer, noncommissioned officer, or petty officer, (2) an agent of
29 superior authority of one of the armed forces of the United States or of the militia of
30 the state, or (3) an official of a government shall be punished as a court-martial may
31 direct.
01 (b) A member of the militia who wrongfully, wilfully, and with intent to
02 defraud impersonates (1) an officer, noncommissioned officer, or petty officer, (2) an
03 agent of superior authority of one of the armed forces of the United States or of the
04 militia of the state, or (3) an official of a government shall be punished as a court-
05 martial may direct.
06 (c) A member of the militia who wrongfully, wilfully, and without intent to
07 defraud impersonates an official of a government by committing an act that exercises
08 or asserts the authority of the office that the person claims to have shall be punished as
09 a court-martial may direct.
10 Sec. 26.05.768. Wearing unauthorized insignia, decoration, badge, ribbon,
11 device, or lapel button. A member of the militia who wears on the member's uniform
12 or civilian clothing an insignia, decoration, badge, ribbon, device, or lapel button that
13 the member is not authorized to wear shall be punished as a court-martial may direct.
14 * Sec. 16. AS 26.05.785 is amended by adding a new subsection to read:
15 (b) A member of the militia who unlawfully drinks an alcoholic beverage with
16 a prisoner or unlawfully uses a drug with a prisoner may be punished by up to one
17 year of confinement, by separation with characterization up to dishonorable discharge,
18 and by such other punishment as a court-martial may direct, whether or not the
19 prisoner was committed in strict compliance with law.
20 * Sec. 17. AS 26.05 is amended by adding a new section to read:
21 Sec. 26.05.793. Wrongful interference with adverse administrative
22 proceeding. A member of the militia who, having reason to believe that an adverse
23 administrative proceeding is pending against a person subject to this chapter,
24 wrongfully acts with the intent to influence, impede, or obstruct the conduct of the
25 proceeding or otherwise obstruct the due administration of justice shall be punished as
26 a court-martial may direct.
27 * Sec. 18. AS 26.05 is amended by adding new sections to read:
28 Sec. 26.05.796. Wrongful refusal to testify. A member of the militia who,
29 during a preliminary hearing or in the presence of a court-martial, board of officers,
30 military commission, court of inquiry, or officer taking a deposition of or for the state,
31 wrongfully refuses to qualify as a witness or answer a question after having been
01 directed to do so by the person presiding over the proceeding shall be punished as a
02 court-martial may direct.
03 Sec. 26.05.798. Retaliation. A member of the militia who, with the intent to
04 retaliate against a person for reporting or planning to report a criminal offense or for
05 making or planning to make a protected communication, or who, with the intent to
06 discourage any person from reporting a criminal offense or from making or planning
07 to make a protected communication, (1) wrongfully takes or threatens to take an
08 adverse personnel action against a person or (2) wrongfully withholds or threatens to
09 withhold a favorable personnel action with respect to a person shall be punished as a
10 court-martial may direct.
11 * Sec. 19. AS 26.05 is amended by adding a new section to read:
12 Sec. 26.05.833. Offenses against correctional custody and restriction. (a) A
13 member of the militia who (1) is placed in correctional custody by a person authorized
14 to do so, (2) is placed under physical restraint while in correctional custody, and (3)
15 escapes from the physical restraint before the member is released from physical
16 restraint by proper authority shall be punished as a court-martial may direct.
17 (b) A member of the militia who (1) is placed in correctional custody by a
18 person authorized to do so, (2) is placed under restraint other than physical restraint
19 while in correctional custody, and (3) goes beyond the limits of the restraint before the
20 member is released from or relieved of the restraint by proper authority shall be
21 punished as a court-martial may direct.
22 (c) A member of the militia who (1) is ordered to be restricted to certain limits
23 by a person authorized to do so and (2) with knowledge of the limits of the restriction,
24 goes beyond the limits before the member is released from the limitations by proper
25 authority shall be punished as a court-martial may direct.
26 * Sec. 20. AS 26.05.835 is amended by adding a new subsection to read:
27 (b) A member of the militia who (1) takes an oath that is in a matter in which
28 the oath is required or authorized by law and that is administered by a person who has
29 the authority to administer the oath and (2) makes or subscribes to a statement that is
30 false and that the person does not believe to be true at the time the person takes the
31 oath shall be punished as a court-martial may direct.
01 * Sec. 21. AS 26.05.860 is amended to read:
02 Sec. 26.05.860. Drunkenness and other incapacitating offenses [DRUNK
03 ON DUTY]. A member of the militia, other than a sentinel or lookout, who (1) is
04 found under the influence of alcohol or a drug while on duty, or (2) as a result of
05 indulgence in any alcoholic beverage or drug, is unable to properly perform the
06 member's duty may be punished by up to one year of confinement, by separation
07 with characterization up to dishonorable discharge, and by such other punishment as a
08 court-martial may direct.
09 * Sec. 22. AS 26.05.860 is amended by adding a new subsection to read:
10 (b) A member of the militia who, while a prisoner, is drunk or under the
11 influence of a controlled substance other than a controlled substance taken in
12 accordance with a valid prescription shall be punished as a court-martial may direct. In
13 this subsection, "controlled substance" has the meaning given in AS 26.05.870.
14 * Sec. 23. AS 26.05.865 is amended to read:
15 Sec. 26.05.865. Misbehavior of sentinel. A sentinel or lookout who is found
16 under the influence of alcohol or a drug or sleeping on the sentinel's or lookout's post
17 or who leaves the post before being regularly relieved or loiters or wrongfully sits
18 down on post may be punished, if the offense is committed in time of war or
19 emergency as described in AS 26.05.070, by confinement of not more than 10 years,
20 by separation with characterization up to dishonorable discharge, and by such other
21 punishment as a court-martial may direct, but if the offense is committed at any other
22 time, by up to one year of confinement, by separation with characterization up to
23 dishonorable discharge, and by such other punishment as a court-martial may direct.
24 * Sec. 24. AS 26.05 is amended by adding a new section to read:
25 Sec. 26.05.867. Disrespect toward sentinel or lookout. A member of the
26 militia who, knowing that another person is a sentinel or lookout, uses wrongful and
27 disrespectful language or behaves in a wrongful and disrespectful manner that is
28 directed toward and within the hearing of the sentinel or lookout while the sentinel or
29 lookout is executing the sentinel or lookout's duties shall be punished as a court-
30 martial may direct.
31 * Sec. 25. AS 26.05.890(a) is amended to read:
01 (a) A member of the militia who commits any of the following acts is guilty of
02 sexual assault and, except as provided under (g) of this section, shall [MAY] be
03 punished [BY UP TO 10 YEARS OF CONFINEMENT,] by separation with
04 characterization [UP TO] dishonorable discharge[,] and may, in addition to
05 separation, be punished by up to 10 years of confinement and by such other
06 punishment as a court-martial may direct:
07 (1) a sexual act on another person by
08 (A) threatening or placing another person in fear;
09 (B) causing bodily harm to another person;
10 (C) making a fraudulent representation that the sexual act
11 serves a professional purpose;
12 (D) inducing a belief by any artifice, pretense, or concealment
13 that the person is another person;
14 (2) a sexual act on another person when the person knows or
15 reasonably should know that the other person is asleep, unconscious, or otherwise
16 unaware that the sexual act is occurring;
17 (3) a sexual act on another person when the other person is incapable
18 of consenting to the sexual act because of
19 (A) impairment by a drug, intoxicant, or other similar
20 substance, and that condition is known or reasonably should be known by the
21 person;
22 (B) a mental disease or defect or physical disability, and that
23 condition is known or reasonably should be known by the person.
24 * Sec. 26. AS 26.05.890 is amended by adding new subsections to read:
25 (g) The convening authority of the court-martial may reduce, commute, or
26 suspend a sentence of separation with characterization dishonorable discharge
27 imposed by a court-martial under (a) of this section to a sentence of separation with
28 characterization bad conduct if, after sentencing and before the entry of judgment, the
29 accused provides substantial assistance with the investigation or prosecution of
30 another person.
31 (h) When a person is convicted of an offense under this section that requires
01 the person to register as a sex offender under AS 12.63, the court-martial shall provide
02 the person with information regarding sex offender registration under AS 12.63.010
03 and, if it can be determined by the court-martial, inform the person whether the
04 conviction will require the person to register for life or a lesser period under AS 12.63.
05 * Sec. 27. AS 26.05 is amended by adding a new section to read:
06 Sec. 26.05.893. Prohibited sexual activities with military recruit or trainee
07 by person in position of special trust. (a) A member of the militia who (1) is an
08 officer, a noncommissioned officer, or a petty officer, (2) is in a training leadership
09 position with respect to a specially protected junior member of the armed forces of the
10 United States or of the militia of the state, and (3) engages in prohibited sexual activity
11 with the specially protected junior member of the armed forces of the United States or
12 of the militia of the state shall be punished as a court-martial may direct.
13 (b) A member of the militia who is a military recruiter and engages in
14 prohibited sexual activity with (1) an applicant for military service or (2) a specially
15 protected junior member of the armed forces of the United States or of the militia of
16 the state who is enlisted under a delayed entry program shall be punished as a court-
17 martial may direct.
18 (c) Consent is not a defense in a prosecution under this section.
19 (d) When a person is convicted of an offense under this section that requires
20 the person to register as a sex offender under AS 12.63, the court-martial shall provide
21 the person with information regarding sex offender registration under AS 12.63.010
22 and, if it can be determined by the court-martial, inform the person whether the
23 conviction will require the person to register for life or a lesser period under AS 12.63.
24 * Sec. 28. AS 26.05 is amended by adding a new section to read:
25 Sec. 26.05.897. Assault. (a) A member of the militia commits the offense of
26 assault if the person attempts or offers to do bodily harm to another person using
27 unlawful force or violence, whether or not the attempt or offer is consummated. A
28 person who commits assault may be punished by up to one year of confinement, by
29 separation with characterization up to dishonorable discharge, and by such other
30 punishment as a court-martial may direct.
31 (b) A member of the militia commits the offense of aggravated assault if the
01 person (1) uses a dangerous weapon or other means or force likely to produce death or
02 grievous bodily harm to commit the offense described in (a) of this section or (2)
03 commits the offense described in (a) of this section and intentionally inflicts grievous
04 bodily harm, with or without a weapon, on another person. A person who commits
05 aggravated assault may be punished by up to five years of confinement, by separation
06 with characterization up to dishonorable discharge, and by such other punishment as a
07 court-martial may direct.
08 * Sec. 29. AS 26.05.900(a) is amended to read:
09 (a) A member of the militia who knowingly commits any of the following acts
10 without legal justification or lawful authorization is guilty of an offense under this
11 section and may be punished by up to one year of confinement, by separation with
12 characterization up to dishonorable discharge, and by such other punishment as a
13 court-martial may direct:
14 (1) knowingly and wrongfully views the private area of another
15 person, without the other person's consent and under circumstances in which the other
16 person has a reasonable expectation of privacy;
17 (2) knowingly and wrongfully photographs, videotapes, films, or
18 records, by any means, the private area of another person without the other person's
19 consent and under circumstances in which the other person has a reasonable
20 expectation of privacy;
21 (3) knowingly [AND WRONGFULLY] broadcasts [OR
22 DISTRIBUTES] a recording of another person's private area that the person knows
23 or reasonably should know was made or broadcast
24 (A) without the other person's consent; and
25 (B) under circumstances in which the other person had a
26 reasonable expectation of privacy;
27 (4) knowingly distributes a recording of another person's private
28 area that the person knows or reasonably should know was made or distributed
29 (A) without the other person's consent; and
30 (B) under circumstances in which the other person had a
31 reasonable expectation of privacy [UNDER THE CIRCUMSTANCES
01 DESCRIBED IN (2) OF THIS SUBSECTION].
02 * Sec. 30. AS 26.05.900(d) is amended by adding new paragraphs to read:
03 (7) "recording" means a still or moving visual image captured or
04 recorded by any means;
05 (8) "without the other person's consent" has the meaning given to
06 "without consent" in AS 11.41.470.
07 * Sec. 31. AS 26.05.900 is amended by adding a new subsection to read:
08 (e) When a person is convicted of an offense under this section that requires
09 the offender to register as a sex offender under AS 12.63, the court-martial shall
10 provide the person with information regarding sex offender registration under
11 AS 12.63.010 and, if it can be determined by the court-martial, inform the person
12 whether the conviction will require the person to register for life or a lesser period
13 under AS 12.63.
14 * Sec. 32. AS 26.05 is amended by adding a new section to read:
15 Sec. 26.05.913. Public records offenses. A member of the militia who (1)
16 wilfully and unlawfully alters, conceals, removes, mutilates, obliterates, or destroys a
17 public record or (2) takes a public record with the intent to alter, conceal, remove,
18 mutilate, obliterate, or destroy the public record shall be punished as a court-martial
19 may direct.
20 * Sec. 33. AS 26.05.935 is amended by adding a new subsection to read:
21 (d) When a person is convicted of an enumerated offense under (b) of this
22 section that requires the offender to register as a sex offender under AS 12.63, the
23 court-martial shall provide the person with information regarding sex offender
24 registration under AS 12.63.010 and, if it can be determined by the court-martial,
25 inform the person whether the conviction will require the person to register for life or
26 a lesser period under AS 12.63.
27 * Sec. 34. AS 26.05 is amended by adding new sections to read:
28 Sec. 26.05.940. Offenses concerning government computers. (a) A member
29 of the militia who (1) knowingly accesses a government computer with an
30 unauthorized purpose, (2) by accessing the government computer obtains classified
31 information, and (3) with reason to believe the information could be used to the injury
01 of the United States or to the advantage of any foreign nation, intentionally
02 communicates, delivers, or transmits the information, or causes the information to be
03 communicated, delivered, or transmitted, to any person who is not entitled to receive
04 the information shall be punished as a court-martial may direct.
05 (b) A member of the militia who intentionally accesses a government
06 computer with an unauthorized purpose and by accessing the government computer
07 obtains classified or other protected information from the government computer shall
08 be punished as a court-martial may direct.
09 (c) A member of the militia who knowingly causes the transmission of a
10 program, information, code, or command and, as a result of that conduct, intentionally
11 and without authorization causes damage to a government computer shall be punished
12 as a court-martial may direct.
13 Sec. 26.05.945. Breach of medical quarantine. A member of the militia who
14 is ordered into medical quarantine by a person authorized to issue the quarantine order
15 and who, with knowledge of the quarantine order and the limits imposed under the
16 quarantine order, goes beyond the limits imposed under the quarantine order before
17 the person is released from quarantine by proper authority shall be punished as a
18 court-martial may direct.
19 * Sec. 35. The uncodified law of the State of Alaska is amended by adding a new section to
20 read:
21 APPLICABILITY. (a) AS 26.05.135, as amended by secs. 6 and 7 of this Act, applies
22 only to a contract entered into on or after the effective date of secs. 6 and 7 of this Act.
23 (b) AS 12.63.100(1), as amended by sec. 1 of this Act, AS 12.63.100(2), as amended
24 by sec. 2 of this Act, AS 12.63.100(6), as amended by sec. 3 of this Act, AS 12.63.100(8) and
25 (9), enacted by sec. 4 of this Act, AS 18.65.087(a), as amended by sec. 5 of this Act,
26 AS 26.05.890(h), enacted by sec. 26 of this Act, AS 26.05.893(d), enacted by sec. 27 of this
27 Act, AS 26.05.900(e), enacted by sec. 31 of this Act, and AS 26.05.935(d), enacted by sec. 33
28 of this Act, apply to persons convicted of sex offenses or child kidnapping on or after the
29 effective date of secs. 1 - 5, 26, 27, 31, and 33 of this Act.
30 (c) AS 26.05.360(b), as amended by sec. 8 of this Act, applies to nonjudicial
31 punishment imposed for offenses committed on or after the effective date of sec. 8 of this Act.
01 (d) AS 26.05.555(a), as amended by sec. 9 of this Act, AS 26.05.697, enacted by sec.
02 10 of this Act, AS 26.05.700, as amended by sec. 11 of this Act, AS 26.05.715(c), enacted by
03 sec. 12 of this Act, AS 26.05.737, enacted by sec. 13 of this Act, AS 26.05.740, as amended
04 by sec. 14 of this Act, AS 26.05.767 and 26.05.768, enacted by sec. 15 of this Act,
05 AS 26.05.785(b), enacted by sec. 16 of this Act, AS 26.05.793, enacted by sec. 17 of this Act,
06 AS 26.05.796 and 26.05.798, enacted by sec. 18 of this Act, AS 26.05.833, enacted by sec. 19
07 of this Act, AS 26.05.835(b), enacted by sec. 20 of this Act, AS 26.05.860, as amended by
08 sec. 21 of this Act, AS 26.05.860(b), enacted by sec. 22 of this Act, AS 26.05.865, as
09 amended by sec. 23 of this Act, AS 26.05.867, enacted by sec. 24 of this Act,
10 AS 26.05.890(a), as amended by sec. 25 of this Act, AS 26.05.890(g), enacted by sec. 26 of
11 this Act, AS 26.05.893(a) - (c), enacted by sec. 27 of this Act, AS 26.05.897, enacted by sec.
12 28 of this Act, AS 26.05.900(a), as amended by sec. 29 of this Act, AS 26.05.900(d), enacted
13 by sec. 30 of this Act, AS 26.05.913, enacted by sec. 32 of this Act, and AS 26.05.940 and
14 26.05.945, enacted by sec. 34 of this Act, apply to offenses occurring on or after the effective
15 date of secs. 9 - 30, 32, and 34 of this Act.
16 * Sec. 36. The uncodified law of the State of Alaska is amended by adding a new section to
17 read:
18 DUTY OF ADJUTANT GENERAL OF THE DEPARTMENT OF MILITARY AND
19 VETERANS' AFFAIRS; NOTICE TO REVISOR OF STATUTES. The adjutant general of
20 the Department of Military and Veterans' Affairs shall notify the revisor of statutes, on or
21 before January 1, 2019, if the President of the United States signs an executive order
22 designating the effective date, under sec. 5542, P.L. 114-328, National Defense Authorization
23 Act for Fiscal Year 2017, of the amendments to the Uniform Code of Military Justice made
24 by the Military Justice Act of 2016.
25 * Sec. 37. The uncodified law of the State of Alaska is amended by adding a new section to
26 read:
27 CONDITIONAL EFFECT. Sections 1 - 5, 8 - 34, and 35(b) - (d) of this Act take
28 effect only if the adjutant general of the Department of Military and Veterans' Affairs notifies
29 the revisor of statutes under sec. 36 of this Act, on or before January 1, 2019, that the
30 President of the United States has signed an executive order designating the effective date,
31 under sec. 5542, P.L. 114-328, National Defense Authorization Act for Fiscal Year 2017, of
01 the amendments to the Uniform Code of Military Justice made by the Military Justice Act of
02 2016 and the effective date designated in the executive order is January 1, 2019, or earlier.
03 * Sec. 38. If secs. 1 - 5, 8 - 34, and 35(b) - (d) of this Act take effect under sec. 37 of this
04 Act, they take effect January 1, 2019.
05 * Sec. 39. Except as provided in sec. 38 of this Act, this Act takes effect July 1, 2018.