txt

SB 73: "An Act relating to sexual assault by a peace officer against a person who is a victim, witness, or perpetrator of a crime."

00                             SENATE BILL NO. 73                                                                          
01 "An Act relating to sexual assault by a peace officer against a person who is a victim,                                 
02 witness, or perpetrator of a crime."                                                                                    
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 11.41.425(a) is amended to read:                                                                   
05            (a)  An offender commits the crime of sexual assault in the third degree if the                              
06       offender                                                                                                          
07                 (1)  engages in sexual contact with a person who the offender knows is                                  
08                      (A)  mentally incapable;                                                                           
09                      (B)  incapacitated; or                                                                             
10                      (C)  unaware that a sexual act is being committed;                                                 
11 (2)  while employed in a state correctional facility or other placement                                                 
12 designated by the commissioner of corrections for the custody and care of prisoners,                                    
13 engages in sexual penetration with a person who the offender knows is committed to                                      
14 the custody of the Department of Corrections to serve a term of imprisonment or                                         
01       period of temporary commitment;                                                                                   
02 (3)  engages in sexual penetration with a person 18 or 19 years of age                                                  
03 who the offender knows is committed to the custody of the Department of Health and                                      
04 Social Services under AS 47.10 or AS 47.12 and the offender is the legal guardian of                                    
05       the person;                                                                                                       
06 (4)  while employed in the state by a law enforcement agency as a                                                       
07 peace officer, or while acting as a peace officer in the state, engages in sexual                                       
08 penetration with a person with reckless disregard that the person is in the custody or                                  
09 the apparent custody of the offender, [OR] is committed to the custody of a law                                         
10 enforcement agency, or is the victim, witness, or perpetrator of a crime under                                      
11       investigation by the offender;                                                                                
12 (5)  while employed by the state or a municipality of the state as a                                                    
13 probation officer or parole officer, or while acting as a probation officer or parole                                   
14 officer in the state, engages in sexual penetration with a person with reckless disregard                               
15       that the person is on probation or parole; or                                                                     
16 (6)  while employed as a juvenile probation officer or as a juvenile                                                    
17 facility staff, engages in sexual penetration with a person 18 or 19 years of age with                                  
18 reckless disregard that the person is committed to the custody or probationary                                          
19       supervision of the Department of Health and Social Services.                                                      
20    * Sec. 2. AS 11.41.427(a) is amended to read:                                                                      
21            (a)  An offender commits the crime of sexual assault in the fourth degree if                                 
22 (1)  while employed in a state correctional facility or other placement                                                 
23 designated by the commissioner of corrections for the custody and care of prisoners,                                    
24 the offender engages in sexual contact with a person who the offender knows is                                          
25 committed to the custody of the Department of Corrections to serve a term of                                            
26       imprisonment or period of temporary commitment;                                                                   
27 (2)  the offender engages in sexual contact with a person 18 or 19 years                                                
28 of age who the offender knows is committed to the custody of the Department of                                          
29 Health and Social Services under AS 47.10 or AS 47.12 and the offender is the legal                                     
30       guardian of the person;                                                                                           
31 (3)  while employed in the state by a law enforcement agency as a                                                       
01 peace officer, or while acting as a peace officer in the state, the offender engages in                                 
02 sexual contact with a person with reckless disregard that the person is in the custody or                               
03 the apparent custody of the offender, [OR] is committed to the custody of a law                                         
04 enforcement agency, or is the victim, witness, or perpetrator of a crime under                                      
05       investigation by the offender;                                                                                
06 (4)  while employed by the state or a municipality of the state as a                                                    
07 probation officer or parole officer, or while acting as a probation officer or parole                                   
08 officer in the state, the offender engages in sexual contact with a person with reckless                                
09       disregard that the person is on probation or parole; or                                                           
10 (5)  while employed as a juvenile probation officer or as a juvenile                                                    
11 facility staff, the offender engages in sexual contact with a person 18 or 19 years of                                  
12 age with reckless disregard that the person is committed to the custody or probationary                                 
13       supervision of the Department of Health and Social Services.                                                      
14    * Sec. 3. AS 11.41.432(c) is amended to read:                                                                      
15            (c)  It is an affirmative defense to a crime charged under                                                   
16 (1)  AS 11.41.425(a)(5) or 11.41.427(a)(4) that the offender and the                                                
17 person on probation or parole had, before the person was placed on probation or                                         
18 parole, a dating relationship or a sexual relationship, and the relationship continued                                  
19       until the date of the alleged offense;                                                                        
20 (2)  AS 11.41.425(a)(4) or 11.41.427(a)(3) that the offender and the                                                
21 person who is a victim, witness, or perpetrator of a crime under investigation by                                   
22 the offender had, before the person was a victim, witness, or perpetrator of a                                      
23 crime under investigation by the offender, a dating or sexual relationship, and                                     
24 the relationship continued until the date the person became the victim, witness,                                    
25       or perpetrator of a crime under investigation by the offender.                                              
26    * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to                          
27 read:                                                                                                                   
28 APPLICABILITY. This Act applies to offenses committed on or after the effective                                         
29 date of this Act.