HB 14: "An Act relating to assault in the first degree; relating to sex offenses; relating to the definition of 'dangerous instrument'; and providing for an aggravating factor at sentencing for strangulation that results in unconsciousness."
00 HOUSE BILL NO. 14 01 "An Act relating to assault in the first degree; relating to sex offenses; relating to the 02 definition of 'dangerous instrument'; and providing for an aggravating factor at 03 sentencing for strangulation that results in unconsciousness." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 11.41.200(a) is amended to read: 06 (a) A person commits the crime of assault in the first degree if 07 (1) that person recklessly causes serious physical injury to another by 08 means of a dangerous instrument; 09 (2) with intent to cause serious physical injury to another, the person 10 causes serious physical injury to any person; 11 (3) the person knowingly engages in conduct that results in serious 12 physical injury to another under circumstances manifesting extreme indifference to the 13 value of human life; [OR] 14 (4) that person recklessly causes serious physical injury to another by
01 repeated assaults using a dangerous instrument, even if each assault individually does 02 not cause serious physical injury; or 03 (5) that person knowingly causes another to become unconscious 04 by means of a dangerous instrument; in this paragraph, "dangerous instrument" 05 has the meaning given in AS 11.81.900(b)(15)(B). 06 * Sec. 2. AS 11.41.425(a) is amended to read: 07 (a) An offender commits the crime of sexual assault in the third degree if the 08 offender 09 (1) engages in sexual contact with a person who the offender knows is 10 (A) mentally incapable; 11 (B) incapacitated; or 12 (C) unaware that a sexual act is being committed; 13 (2) while employed in a state correctional facility or other placement 14 designated by the commissioner of corrections for the custody and care of prisoners, 15 engages in sexual penetration with a person who the offender knows is committed to 16 the custody of the Department of Corrections to serve a term of imprisonment or 17 period of temporary commitment; 18 (3) engages in sexual penetration with a person 18 or 19 years of age 19 who the offender knows is committed to the custody of the Department of Health and 20 Social Services under AS 47.10 or AS 47.12 and the offender is the legal guardian of 21 the person; 22 (4) while employed in the state by a law enforcement agency as a 23 peace officer, or while acting as a peace officer in the state, engages in sexual 24 penetration with a person with reckless disregard that the person is in the custody or 25 the apparent custody of the offender, or is committed to the custody of a law 26 enforcement agency; 27 (5) while employed by the state or a municipality of the state as a 28 probation officer or parole officer, or while acting as a probation officer or parole 29 officer in the state, engages in sexual penetration with a person with reckless disregard 30 that the person is on probation or parole; [OR] 31 (6) while employed as a juvenile probation officer or as a juvenile
01 facility staff, engages in sexual penetration with a person 18 or 19 years of age with 02 reckless disregard that the person is committed to the custody or probationary 03 supervision of the Department of Health and Social Services; or 04 (7) engages in masturbation in the presence of another person and 05 ejaculates on that person without the consent of that person. 06 * Sec. 3. AS 11.41.438(a) is amended to read: 07 (a) An offender commits the crime of sexual abuse of a minor in the third 08 degree if 09 (1) being 17 years of age or older, the offender engages in sexual 10 contact with a person who is 13, 14, or 15 years of age and at least four years younger 11 than the offender; or 12 (2) the offender masturbates in the presence of a person 13 (A) under 18 years of age and ejaculates on that person, 14 and the 15 (i) offender is the victim's natural parent, 16 stepparent, adoptive parent, or legal guardian; 17 (ii) victim at the time of the offense is residing in the 18 same household as the offender and the offender has authority over 19 the victim; or 20 (iii) offender occupies a position of authority in 21 relation to the victim; or 22 (B) under 16 years of age and ejaculates on that person, 23 and the victim is at least three years younger than the offender. 24 * Sec. 4. AS 11.81.900(b)(15) is amended to read: 25 (15) "dangerous instrument" means 26 (A) any deadly weapon or anything that, under the 27 circumstances in which it is used, attempted to be used, or threatened to be 28 used, is capable of causing death or serious physical injury; or 29 (B) hands, other body parts, or other objects when used to 30 impede normal breathing or circulation of blood by applying pressure on the 31 throat or neck or obstructing the nose or mouth;
01 * Sec. 5. AS 12.10.010(b) is amended to read: 02 (b) Except as otherwise provided by law or in (a) of this section, a person may 03 not be prosecuted, tried, or punished for an offense unless the indictment is found or 04 the information or complaint is instituted not later than 05 (1) 10 years after the commission of a felony offense in violation of 06 AS 11.41.120 - 11.41.330, 11.41.425(a)(1), 11.41.425(a)(5) - (7) [11.41.425(a)(5), 07 11.41.425(a)(6)], or 11.41.450 - 11.41.458; or 08 (2) five years after the commission of any other offense. 09 * Sec. 6. AS 12.55.155(c) is amended to read: 10 (c) The following factors shall be considered by the sentencing court if proven 11 in accordance with this section, and may allow imposition of a sentence above the 12 presumptive range set out in AS 12.55.125: 13 (1) a person, other than an accomplice, sustained physical injury as a 14 direct result of the defendant's conduct; 15 (2) the defendant's conduct during the commission of the offense 16 manifested deliberate cruelty to another person; 17 (3) the defendant was the leader of a group of three or more persons 18 who participated in the offense; 19 (4) the defendant employed a dangerous instrument in furtherance of 20 the offense; 21 (5) the defendant knew or reasonably should have known that the 22 victim of the offense was particularly vulnerable or incapable of resistance due to 23 advanced age, disability, ill health, homelessness, consumption of alcohol or drugs, or 24 extreme youth or was for any other reason substantially incapable of exercising 25 normal physical or mental powers of resistance; 26 (6) the defendant's conduct created a risk of imminent physical injury 27 to three or more persons, other than accomplices; 28 (7) a prior felony conviction considered for the purpose of invoking a 29 presumptive range under this chapter was of a more serious class of offense than the 30 present offense; 31 (8) the defendant's prior criminal history includes conduct involving
01 aggravated assaultive behavior, repeated instances of assaultive behavior, repeated 02 instances of cruelty to animals proscribed under AS 11.61.140(a)(1) and (3) - (5), or a 03 combination of assaultive behavior and cruelty to animals proscribed under 04 AS 11.61.140(a)(1) and (3) - (5); in this paragraph, "aggravated assaultive behavior" 05 means assault that is a felony under AS 11.41, or a similar provision in another 06 jurisdiction; 07 (9) the defendant knew that the offense involved more than one victim; 08 (10) the conduct constituting the offense was among the most serious 09 conduct included in the definition of the offense; 10 (11) the defendant committed the offense under an agreement that the 11 defendant either pay or be paid for the commission of the offense, and the pecuniary 12 incentive was beyond that inherent in the offense itself; 13 (12) the defendant was on release under AS 12.30 for another felony 14 charge or conviction or for a misdemeanor charge or conviction having assault as a 15 necessary element; 16 (13) the defendant knowingly directed the conduct constituting the 17 offense at an active officer of the court or at an active or former judicial officer, 18 prosecuting attorney, law enforcement officer, correctional employee, firefighter, 19 emergency medical technician, paramedic, ambulance attendant, or other emergency 20 responder during or because of the exercise of official duties; 21 (14) the defendant was a member of an organized group of five or 22 more persons, and the offense was committed to further the criminal objectives of the 23 group; 24 (15) the defendant has three or more prior felony convictions; 25 (16) the defendant's criminal conduct was designed to obtain 26 substantial pecuniary gain and the risk of prosecution and punishment for the conduct 27 is slight; 28 (17) the offense was one of a continuing series of criminal offenses 29 committed in furtherance of illegal business activities from which the defendant 30 derives a major portion of the defendant's income; 31 (18) the offense was a felony
01 (A) specified in AS 11.41 and was committed against a spouse, 02 a former spouse, or a member of the social unit made up of those living 03 together in the same dwelling as the defendant; 04 (B) specified in AS 11.41.410 - 11.41.458 and the defendant 05 has engaged in the same or other conduct prohibited by a provision of 06 AS 11.41.410 - 11.41.460 involving the same or another victim; 07 (C) specified in AS 11.41 that is a crime involving domestic 08 violence and was committed in the physical presence or hearing of a child 09 under 16 years of age who was, at the time of the offense, living within the 10 residence of the victim, the residence of the perpetrator, or the residence where 11 the crime involving domestic violence occurred; 12 (D) specified in AS 11.41 and was committed against a person 13 with whom the defendant has a dating relationship or with whom the defendant 14 has engaged in a sexual relationship; or 15 (E) specified in AS 11.41.434 - 11.41.458 or AS 11.61.128 and 16 the defendant was 10 or more years older than the victim; 17 (19) the defendant's prior criminal history includes an adjudication as a 18 delinquent for conduct that would have been a felony if committed by an adult; 19 (20) the defendant was on furlough under AS 33.30 or on parole or 20 probation for another felony charge or conviction that would be considered a prior 21 felony conviction under AS 12.55.145(a)(1)(B); 22 (21) the defendant has a criminal history of repeated instances of 23 conduct violative of criminal laws, whether punishable as felonies or misdemeanors, 24 similar in nature to the offense for which the defendant is being sentenced under this 25 section; 26 (22) the defendant knowingly directed the conduct constituting the 27 offense at a victim because of that person's race, sex, color, creed, physical or mental 28 disability, ancestry, or national origin; 29 (23) the defendant is convicted of an offense specified in AS 11.71 and 30 (A) the offense involved the delivery of a controlled substance 31 under circumstances manifesting an intent to distribute the substance as part of
01 a commercial enterprise; or 02 (B) at the time of the conduct resulting in the conviction, the 03 defendant was caring for or assisting in the care of a child under 10 years of 04 age; 05 (24) the defendant is convicted of an offense specified in AS 11.71 and 06 the offense involved the transportation of controlled substances into the state; 07 (25) the defendant is convicted of an offense specified in AS 11.71 and 08 the offense involved large quantities of a controlled substance; 09 (26) the defendant is convicted of an offense specified in AS 11.71 and 10 the offense involved the distribution of a controlled substance that had been 11 adulterated with a toxic substance; 12 (27) the defendant, being 18 years of age or older, 13 (A) is legally accountable under AS 11.16.110(2) for the 14 conduct of a person who, at the time the offense was committed, was under 18 15 years of age and at least three years younger than the defendant; or 16 (B) is aided or abetted in planning or committing the offense by 17 a person who, at the time the offense was committed, was under 18 years of 18 age and at least three years younger than the defendant; 19 (28) the victim of the offense is a person who provided testimony or 20 evidence related to a prior offense committed by the defendant; 21 (29) the defendant committed the offense for the benefit of, at the 22 direction of, or in association with a criminal street gang; 23 (30) the defendant is convicted of an offense specified in AS 11.41.410 24 - 11.41.455, and the defendant knowingly supplied alcohol or a controlled substance to 25 the victim in furtherance of the offense with the intent to make the victim 26 incapacitated; in this paragraph, "incapacitated" has the meaning given in 27 AS 11.41.470; 28 (31) the defendant's prior criminal history includes convictions for five 29 or more crimes in this or another jurisdiction that are class A misdemeanors under the 30 law of this state, or having elements similar to a class A misdemeanor; two or more 31 convictions arising out of a single continuous episode are considered a single
01 conviction; however, an offense is not a part of a continuous episode if committed 02 while attempting to escape or resist arrest or if it is an assault on a uniformed or 03 otherwise clearly identified peace officer or correctional employee; notice and denial 04 of convictions are governed by AS 12.55.145(b) - (d); 05 (32) the offense is a violation of AS 11.41 or AS 11.46.400 and the 06 offense occurred on school grounds, on a school bus, at a school-sponsored event, or 07 in the administrative offices of a school district if students are educated at that office; 08 in this paragraph, 09 (A) "school bus" has the meaning given in AS 11.71.900; 10 (B) "school district" has the meaning given in AS 47.07.063; 11 (C) "school grounds" has the meaning given in AS 11.71.900; 12 (33) the offense was a felony specified in AS 11.41.410 - 11.41.455, 13 the defendant had been previously diagnosed as having or having tested positive for 14 HIV or AIDS, and the offense either (A) involved penetration, or (B) exposed the 15 victim to a risk or a fear that the offense could result in the transmission of HIV or 16 AIDS; in this paragraph, "HIV" and "AIDS" have the meanings given in 17 AS 18.15.310; 18 (34) the defendant committed the offense on, or to affect persons or 19 property on, the premises of a recognized shelter or facility providing services to 20 victims of domestic violence or sexual assault; 21 (35) the defendant knowingly directed the conduct constituting the 22 offense at a victim because that person was 65 years of age or older; 23 (36) the defendant committed the offense at a health care facility and 24 knowingly directed the conduct constituting the offense at a medical professional 25 during or because of the medical professional's exercise of professional duties; in this 26 paragraph, 27 (A) "health care facility" has the meaning given in 28 AS 18.07.111; 29 (B) "medical professional" has the meaning given in 30 AS 12.55.135(k); 31 (37) the defendant knowingly caused the victim to become
01 unconscious by means of a dangerous instrument; in this paragraph, "dangerous 02 instrument" has the meaning given in AS 11.81.900(b)(15)(B). 03 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 APPLICABILITY. AS 11.41.200(a), as amended by sec. 1 of this Act, 06 AS 11.41.425(a), as amended by sec. 2 of this Act, AS 11.41.438(a), as amended by sec. 3 of 07 this Act, AS 11.81.900(b)(15), as amended by sec. 4 of this Act, AS 12.10.010(b), as 08 amended by sec. 5 of this Act, and AS 12.55.155(c), as amended by sec. 6 of this Act, apply 09 to offenses committed on or after the effective date of this Act.