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HB 52: "An Act eliminating marriage as a defense to certain crimes of sexual assault; relating to enticement of a minor; relating to harassment in the first degree; relating to harassment in the second degree; relating to indecent viewing or production of a picture; relating to the definition of 'sexual contact'; relating to assault in the second degree; relating to sentencing; relating to prior convictions; relating to the definition of 'most serious felony'; relating to the definition of 'sexual felony'; relating to the duty of a sex offender or child kidnapper to register; relating to eligibility for discretionary parole; and providing for an effective date."

00                              HOUSE BILL NO. 52                                                                          
01 "An Act eliminating marriage as a defense to certain crimes of sexual assault; relating to                              
02 enticement of a minor; relating to harassment in the first degree; relating to harassment                               
03 in the second degree; relating to indecent viewing or production of a picture; relating to                              
04 the definition of 'sexual contact'; relating to assault in the second degree; relating to                               
05 sentencing; relating to prior convictions; relating to the definition of 'most serious                                  
06 felony'; relating to the definition of 'sexual felony'; relating to the duty of a sex offender                          
07 or child kidnapper to register; relating to eligibility for discretionary parole; and                                   
08 providing for an effective date."                                                                                       
09 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
10    * Section 1.  The uncodified law of the State of Alaska is amended by adding a new section                         
11 to read:                                                                                                                
12       LEGISLATIVE FINDINGS AND INTENT FOR SECS. 13 AND 16 - 19 OF THIS                                                  
01 ACT. (a) The legislature finds for sec. 13 of this Act, the legislature did not intend, by                              
02 enacting ch. 90, SLA 2003, and the legislature does not now intend by enacting this Act, to                             
03 impose any limitation on which previous convictions may be considered when imposing a                                   
04 sentence under AS 12.55.125(i).                                                                                         
05 (b)  It is the intent of the legislature for sec. 13 of this Act, in AS 12.55.145, as                                   
06 amended by sec. 13 of this Act, to overturn the decision in Williams v. State, 418 P.3d 870                             
07 (Alaska App. 2018) to the extent that it held that, when imposing a sentence under                                      
08 AS 12.55.125(i), prior felony convictions should not be considered if 10 or more years has                              
09 elapsed between the date of the defendant's unconditional discharge on the immediately                                  
10 preceding offense and commission of the present offense unless the prior conviction was for                             
11 an unclassified or class A felony.                                                                                      
12 (c)  It is the intent of the legislature that all prior felony convictions be considered                                
13 when imposing a sentence under AS 12.55.125(i) regardless of the age of those convictions.                              
14       (d)  The legislature finds for secs. 16 - 19 of this Act that                                                     
15 (1)  protecting the public from sex offenders is a primary governmental interest                                        
16 and the release of certain information about sex offenders to public agencies and the general                           
17 public will assist in protecting the public;                                                                            
18 (2)  the state's transient population means that sex offenders who are required                                         
19 to register in the state where they were convicted may relocate to this state for various                               
20 reasons;                                                                                                                
21 (3)  the supreme court's narrow interpretation of Alaska's sex offender                                                 
22 registration requirements in its decision in State, Department of Public Safety v. Doe, 425                             
23 P.3d 115 (Alaska 2018) hinders the state's ability to protect the public from sex offenders who                         
24 may come to this state in so far as it only requires a person to register as a sex offender in this                     
25 state if that person has been convicted of an offense that is similar to a sex offense as defined                       
26 in AS 12.63.100.                                                                                                        
27 (e)  It is the intent of the legislature to overturn State, Department of Public Safety v.                              
28 Doe, 425 P.3d 115 (Alaska 2018) to the extent that it held that sex offenders required to                               
29 register in another jurisdiction do not have to also register in Alaska unless their underlying                         
30 conviction is similar to a sex offense as defined in AS 12.63.100. Additionally, it is the intent                       
31 of the legislature to give reciprocity to other jurisdictions and require sex offenders who are                         
01 physically present in Alaska and are required to register as a sex offender in another                                  
02 jurisdiction to also register as a sex offender in Alaska regardless of whether the person's                            
03 underlying conviction is similar to a sex offense as defined in AS 12.63.100.                                           
04    * Sec. 2.  AS 11.41.432(b) is amended to read:                                                                     
05            (b)  Except as provided in (d) [(a)] of this section, in a prosecution under                             
06       AS 11.41.410 - 11.41.427 [AS 11.41.410 OR 11.41.420], it is not a defense that the                            
07       victim was, at the time of the alleged offense, the legal spouse of the defendant.                                
08    * Sec. 3.  AS 11.41.432 is amended by adding a new subsection to read:                                             
09            (d)  It is a defense to a crime charged under AS 11.41.425(a)(2) - (5) or                                    
10 11.41.427 that the offender is married to the person and neither party has filed with the                               
11       court for separation, divorce, or dissolution of the marriage.                                                    
12    * Sec. 4.  AS 11.41.452(a) is amended to read:                                                                     
13 (a)  A person commits the crime of [ONLINE] enticement of a minor if the                                                
14 person, being 18 years of age or older, knowingly communicates [USES A                                              
15 COMPUTER TO COMMUNICATE] with another person to entice, solicit, or                                                     
16       encourage the person to engage in an act described in AS 11.41.455(a)(1) - (7) and                                
17                 (1)  the other person is a child under 16 years of age; or                                              
18 (2)  the person believes that the other person is a child under 16 years                                                
19       of age.                                                                                                           
20    * Sec. 5.  AS 11.41.452(d) is amended to read:                                                                     
21 (d)  Except as provided in (e) of this section, [ONLINE] enticement of a minor                                      
22       is a class B felony.                                                                                              
23    * Sec. 6.  AS 11.41.452(e) is amended to read:                                                                     
24 (e)  Enticement of a minor [ONLINE ENTICEMENT] is a class A felony if                                               
25 the defendant was, at the time of the offense, required to register as a sex offender or                                
26       child kidnapper under AS 12.63 or a similar law of another jurisdiction.                                          
27    * Sec. 7.  AS 11.61.118(a) is amended to read:                                                                     
28            (a)  A person commits the crime of harassment in the first degree if                                         
29 (1)  the person violates AS 11.61.120(a)(5) and the offensive physical                                                  
30 contact is contact with human or animal blood, mucus, saliva, [SEMEN,] urine,                                           
31       vomitus, or feces; or                                                                                             
01 (2)  under circumstances not proscribed under AS 11.41.434 -                                                            
02 11.41.440, the person violates AS 11.61.120(a)(5) and the offensive physical contact                                    
03 is contact by the person touching through clothing another person's genitals, buttocks,                                 
04       or female breast.                                                                                                 
05    * Sec. 8.  AS 11.61.120(a) is amended to read:                                                                     
06            (a)  A person commits the crime of harassment in the second degree if, with                                  
07       intent to harass or annoy another person, that person                                                             
08                 (1)  insults, taunts, or challenges another person in a manner likely to                                
09       provoke an immediate violent response;                                                                            
10 (2)  telephones another and fails to terminate the connection with intent                                               
11       to impair the ability of that person to place or receive telephone calls;                                         
12                 (3)  makes repeated telephone calls at extremely inconvenient hours;                                    
13 (4)  makes an anonymous or obscene telephone call, an obscene                                                           
14 electronic communication, or a telephone call or electronic communication that                                          
15       threatens physical injury or sexual contact;                                                                      
16                 (5)  subjects another person to offensive physical contact;                                             
17 (6)  except as provided in AS 11.61.116, publishes or distributes                                                       
18 electronic or printed photographs, pictures, or films that show the genitals, anus, or                                  
19       female breast of the other person or show that person engaged in a sexual act; [OR]                               
20 (7)  repeatedly sends or publishes an electronic communication that                                                     
21 insults, taunts, challenges, or intimidates a person under 18 years of age in a manner                                  
22       that places the person in reasonable fear of physical injury; or                                              
23 (8) under circumstances not proscribed in AS 11.41.455 or                                                           
24 11.61.125, repeatedly sends electronic or printed photographs, pictures, or films                                   
25       to another person that show the genitals of any person.                                                     
26    * Sec. 9.  AS 11.61.123(a) is amended to read:                                                                     
27 (a)  A person commits the crime of indecent viewing or production of a                                              
28       picture [PHOTOGRAPHY] if, in the state, the person knowingly                                                  
29 (1)  views [, OR PRODUCES] a picture of, the private exposure of the                                                
30 genitals, anus, or female breast of another person and the view [OR PRODUCTION]                                         
31       is without the knowledge or consent of                                                                            
01                      (A) [(1)]  the parent or guardian of the person viewed [, OR                                   
02            WHO IS SHOWN] in the picture, if the person [WHO IS] viewed [OR                                              
03            SHOWN] is under 16 years of age; and                                                                         
04                      (B) [(2)]  the person viewed [OR SHOWN] in the picture, if the                                 
05            person viewed [OR SHOWN] is at least 13 years of age; or                                                 
06                 (2)  produces a picture of, the private exposure of the genitals,                                   
07       anus, or female breast of another person and the production is without the                                    
08       knowledge or consent of                                                                                       
09                      (A)  the parent or guardian of the person shown in the                                         
10            picture, if the person shown is under 16 years of age; and                                               
11 (B)  the person shown in the picture, if the person shown is                                                        
12            at least 13 years of age.                                                                              
13    * Sec. 10.  AS 11.61.123(c) is amended to read:                                                                    
14 (c)  This section does not apply to the viewing or production of pictures                                       
15 [PHOTOGRAPHY] conducted by a law enforcement agency for a law enforcement                                               
16       purpose.                                                                                                          
17    * Sec. 11.  AS 11.61.123(d) is amended to read:                                                                    
18 (d)  In a prosecution under this section, it is an affirmative defense that the                                         
19 viewing or production of pictures [PHOTOGRAPHY] was conducted as a security                                         
20 surveillance system, notice of the viewing or production [PHOTOGRAPHY] was                                          
21 posted, and any viewing or use of pictures produced is done only in the interest of                                     
22       crime prevention or prosecution.                                                                                  
23    * Sec. 12.  AS 11.61.123(f) is amended to read:                                                                    
24            (f)  Indecent viewing or production of a picture [PHOTOGRAPHY] is a                                      
25                 (1)  class C felony if                                                                                  
26 (A)  the person violates (a)(1) or (2) of this section and the person                                           
27 viewed or shown in a picture was, at the time of the viewing or production of the                                       
28       picture, under 16 years of age [A MINOR]; or                                                              
29 (B)  the person violates (a)(2) of this section and the person shown                                                
30       in a picture was, at the time of the production of the picture, an adult                                      
31 (2)  class A misdemeanor if the person violates (a)(1) of this section                                              
01       and the person viewed [OR SHOWN] in a picture was, at the time of the viewing                                 
02       [OR PRODUCTION] of the picture, an adult.                                                                         
03    * Sec. 13.  AS 11.81.900(b)(59) is amended to read:                                                                
04                 (59)  "sexual contact" means                                                                            
05                      (A)  the defendant's                                                                               
06                           (i)  knowingly touching, directly or through clothing, the                                    
07                 victim's genitals, anus, or female breast; [OR]                                                         
08                           (ii)  knowingly causing the victim to touch, directly or                                      
09                 through clothing, the defendant's or victim's genitals, anus, or female                                 
10                 breast; or                                                                                          
11 (iii) knowingly causing the victim to come into                                                                     
12                 contact with semen;                                                                                 
13                      (B)  but "sexual contact" does not include acts                                                    
14 (i)  that may reasonably be construed to be normal                                                                      
15 caretaker responsibilities for a child, interactions with a child, or                                                   
16                 affection for a child;                                                                                  
17 (ii)  performed for the purpose of administering a                                                                      
18 recognized and lawful form of treatment that is reasonably adapted to                                                   
19                 promoting the physical or mental health of the person being treated; or                                 
20 (iii)  that are a necessary part of a search of a person                                                                
21 committed to the custody of the Department of Corrections or the                                                        
22                 Department of Health and Social Services;                                                               
23    * Sec. 14.  AS 12.55.125(d) is amended to read:                                                                    
24 (d)  Except as provided in (i) of this section, a defendant convicted of a class B                                      
25 felony may be sentenced to a definite term of imprisonment of not more than 10 years,                                   
26 and shall be sentenced to a definite term within the following presumptive ranges,                                      
27       subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                                    
28 (1)  if the offense is a first felony conviction and does not involve                                                   
29 circumstances described in (2) or (5) of this subsection, zero to two years; a defendant                            
30 sentenced under this paragraph may, if the court finds it appropriate, be granted a                                     
31       suspended imposition of sentence under AS 12.55.085;                                                              
01                 (2)  if the offense is a first felony conviction, the defendant violated                                
02       AS 11.41.130, and the victim was                                                                                  
03                      (A)  a child under 16 years of age, two to four years; or                                          
04                      (B)  was 16 years of age or older, one to three years;                                             
05                 (3)  if the offense is a second felony conviction, two to five years;                                   
06                 (4)  if the offense is a third felony conviction, four to 10 years;                                 
07                 (5)  if the defendant violated AS 11.41.210(a)(1) and                                               
08                      (A)  the offense is a first felony conviction, one to three                                    
09            years;                                                                                                   
10 (B)  the offense is a second felony conviction, four to seven                                                       
11            years;                                                                                                   
12                      (C)  the offense is a third felony conviction, six to ten years.                               
13    * Sec. 15.  AS 12.55.125(i) is amended to read:                                                                    
14            (i)  A defendant convicted of                                                                                
15 (1)  sexual assault in the first degree, sexual abuse of a minor in the                                                 
16 first degree, or sex trafficking in the first degree under AS 11.66.110(a)(2) may be                                    
17 sentenced to a definite term of imprisonment of not more than 99 years and shall be                                     
18 sentenced to a definite term within the following presumptive ranges, subject to                                        
19       adjustment as provided in AS 12.55.155 - 12.55.175:                                                               
20 (A)  if the offense is a first felony conviction, the offense does                                                      
21 not involve circumstances described in (B) of this paragraph, and the victim                                            
22            was                                                                                                          
23                           (i)  less than 13 years of age, 25 to 35 years;                                               
24                           (ii)  13 years of age or older, 20 to 30 years;                                               
25 (B)  if the offense is a first felony conviction and the defendant                                                      
26 possessed a firearm, used a dangerous instrument, or caused serious physical                                            
27            injury during the commission of the offense, 25 to 35 years;                                                 
28 (C)  if the offense is a second felony conviction and does not                                                          
29            involve circumstances described in (D) of this paragraph, 30 to 40 years;                                    
30 (D)  if the offense is a second felony conviction and the                                                               
31            defendant has a prior conviction for a sexual felony, 35 to 45 years;                                        
01 (E)  if the offense is a third felony conviction and the defendant                                                      
02 is not subject to sentencing under (F) of this paragraph or (l) of this section, 40                                     
03            to 60 years;                                                                                                 
04 (F)  if the offense is a third felony conviction, the defendant is                                                      
05 not subject to sentencing under (l) of this section, and the defendant has two                                          
06            prior convictions for sexual felonies, 99 years;                                                             
07 (2)  unlawful exploitation of a minor under AS 11.41.455(c)(2),                                                         
08 [ONLINE] enticement of a minor under AS 11.41.452(e), or attempt, conspiracy, or                                        
09 solicitation to commit sexual assault in the first degree, sexual abuse of a minor in the                               
10 first degree, or sex trafficking in the first degree under AS 11.66.110(a)(2) may be                                    
11 sentenced to a definite term of imprisonment of not more than 99 years and shall be                                     
12 sentenced to a definite term within the following presumptive ranges, subject to                                        
13       adjustment as provided in AS 12.55.155 - 12.55.175:                                                               
14 (A)  if the offense is a first felony conviction, the offense does                                                      
15 not involve circumstances described in (B) of this paragraph, and the victim                                            
16            was                                                                                                          
17                           (i)  under 13 years of age, 20 to 30 years;                                                   
18                           (ii)  13 years of age or older, 15 to 30 years;                                               
19 (B)  if the offense is a first felony conviction and the defendant                                                      
20 possessed a firearm, used a dangerous instrument, or caused serious physical                                            
21            injury during the commission of the offense, 25 to 35 years;                                                 
22 (C)  if the offense is a second felony conviction and does not                                                          
23            involve circumstances described in (D) of this paragraph, 25 to 35 years;                                    
24 (D)  if the offense is a second felony conviction and the                                                               
25            defendant has a prior conviction for a sexual felony, 30 to 40 years;                                        
26 (E)  if the offense is a third felony conviction, the offense does                                                      
27 not involve circumstances described in (F) of this paragraph, and the defendant                                         
28            is not subject to sentencing under (l) of this section, 35 to 50 years;                                      
29 (F)  if the offense is a third felony conviction, the defendant is                                                      
30 not subject to sentencing under (l) of this section, and the defendant has two                                          
31            prior convictions for sexual felonies, 99 years;                                                             
01 (3)  sexual assault in the second degree, sexual abuse of a minor in the                                                
02 second degree, [ONLINE] enticement of a minor under AS 11.41.452(d), unlawful                                           
03 exploitation of a minor under AS 11.41.455(c)(1), or distribution of child pornography                                  
04 under AS 11.61.125(e)(2) may be sentenced to a definite term of imprisonment of not                                     
05 more than 99 years and shall be sentenced to a definite term within the following                                       
06       presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                
07                      (A)  if the offense is a first felony conviction, five to 15 years;                                
08                      (B)  if the offense is a second felony conviction and does not                                     
09            involve circumstances described in (C) of this paragraph, 10 to 25 years;                                    
10 (C)  if the offense is a second felony conviction and the                                                               
11            defendant has a prior conviction for a sexual felony, 15 to 30 years;                                        
12 (D)  if the offense is a third felony conviction and does not                                                           
13            involve circumstances described in (E) of this paragraph, 20 to 35 years;                                    
14 (E)  if the offense is a third felony conviction and the defendant                                                      
15            has two prior convictions for sexual felonies, 99 years;                                                     
16 (4)  sexual assault in the third degree, sexual abuse of a minor in the                                             
17 third degree if the victim is at least six years younger than the offender, incest,                                 
18 indecent exposure in the first degree, indecent viewing or production of a picture                                  
19 under AS 11.61.123(a) if the person viewed or shown in the picture was, at the                                      
20 time of the viewing or production, under 16 years of age, possession of child                                       
21 pornography, distribution of child pornography under AS 11.61.125(e)(1), or attempt,                                    
22 conspiracy, or solicitation to commit sexual assault in the second degree, sexual abuse                                 
23 of a minor in the second degree, unlawful exploitation of a minor, or distribution of                                   
24 child pornography, may be sentenced to a definite term of imprisonment of not more                                      
25 than 99 years and shall be sentenced to a definite term within the following                                            
26       presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175:                                
27                      (A)  if the offense is a first felony conviction, two to 12 years;                                 
28 (B)  if the offense is a second felony conviction and does not                                                          
29            involve circumstances described in (C) of this paragraph, eight to 15 years;                                 
30 (C)  if the offense is a second felony conviction and the                                                               
31            defendant has a prior conviction for a sexual felony, 12 to 20 years;                                        
01                      (D)  if the offense is a third felony conviction and does not                                      
02            involve circumstances described in (E) of this paragraph, 15 to 25 years;                                    
03                      (E)  if the offense is a third felony conviction and the defendant                                 
04            has two prior convictions for sexual felonies, 99 years.                                                     
05    * Sec. 16.  AS 12.55.145(a) is amended to read:                                                                    
06            (a)  For purposes of considering prior convictions in imposing sentence under                                
07                 (1)  AS 12.55.125(c), (d), or (e),                                                                      
08                      (A)  a prior conviction may not be considered if a period of 10                                    
09            or more years has elapsed between the date of the defendant's unconditional                                  
10 discharge on the immediately preceding offense and commission of the present                                            
11            offense unless the prior conviction was for an unclassified or class A felony;                               
12 (B)  a conviction in this or another jurisdiction of an offense                                                         
13 having elements similar to those of a felony defined as such under Alaska law                                           
14            at the time the offense was committed is considered a prior felony conviction;                               
15 (C)  two or more convictions arising out of a single, continuous                                                        
16 criminal episode during which there was no substantial change in the nature of                                          
17 the criminal objective are considered a single conviction unless the defendant                                          
18 was sentenced to consecutive sentences for the crimes; offenses committed                                               
19 while attempting to escape or avoid detection or apprehension after the                                                 
20 commission of another offense are not part of the same criminal episode or                                              
21            objective;                                                                                                   
22                 (2)  AS 12.55.125(l),                                                                                   
23 (A)  a conviction in this or another jurisdiction of an offense                                                         
24 having elements similar to those of a most serious felony is considered a prior                                         
25            most serious felony conviction;                                                                              
26 (B)  commission of and conviction for offenses relied on as                                                             
27 prior most serious felony offenses must occur in the following order:                                                   
28 conviction for the first offense must occur before commission of the second                                             
29 offense, and conviction for the second offense must occur before commission                                             
30            of the offense for which the defendant is being sentenced;                                                   
31                 (3)  AS 12.55.135(g),                                                                                   
01 (A)  a prior conviction may not be considered if a period of five                                                       
02 or more years has elapsed between the date of the defendant's unconditional                                             
03 discharge on the immediately preceding offense and commission of the present                                            
04            offense unless the prior conviction was for an unclassified or class A felony;                               
05 (B)  a conviction in this or another jurisdiction of an offense                                                         
06 having elements similar to those of a crime against a person or a crime                                                 
07            involving domestic violence is considered a prior conviction;                                                
08 (C)  two or more convictions arising out of a single, continuous                                                        
09 criminal episode during which there was no substantial change in the nature of                                          
10 the criminal objective are considered a single conviction unless the defendant                                          
11 was sentenced to consecutive sentences for the crimes; offenses committed                                               
12 while attempting to escape or avoid detection or apprehension after the                                                 
13 commission of another offense are not part of the same criminal episode or                                              
14            objective;                                                                                                   
15                 (4)  AS 12.55.125(i),                                                                                   
16 (A)  a conviction in this or another jurisdiction of an offense                                                         
17 having elements similar to those of a sexual felony is a prior conviction for a                                         
18            sexual felony;                                                                                               
19 (B)  a felony conviction in another jurisdiction making it a                                                            
20 crime to commit any lewd and lascivious act upon a child under the age of 16                                            
21 years, with the intent of arousing, appealing to, or gratifying the sexual desires                                      
22            of the defendant or the victim is a prior conviction for a sexual felony;                                    
23 (C)  two or more convictions arising out of a single, continuous                                                        
24 criminal episode during which there was no substantial change in the nature of                                          
25 the criminal objective are considered a single conviction unless the defendant                                          
26 was sentenced to consecutive sentences for the crimes; offenses committed                                               
27 while attempting to escape or avoid detection or apprehension after the                                                 
28 commission of another offense are not part of the same criminal episode or                                              
29            objective;                                                                                                   
30 (D)  a conviction in this or another jurisdiction of an offense                                                     
31 having elements similar to those of a felony defined as such under Alaska                                           
01            law at the time the offense was committed is considered a prior felony                                   
02            conviction;                                                                                              
03                 (5)  AS 12.55.135(a),                                                                                   
04 (A)  a prior conviction may not be considered if a period of five                                                       
05 or more years has elapsed between the date of the defendant's unconditional                                             
06 discharge on the immediately preceding offense and commission of the present                                            
07            offense unless the prior conviction was for an unclassified or class A felony;                               
08                      (B)  a conviction in this or another jurisdiction of an offense                                    
09            having elements similar to those of a felony or misdemeanor defined as such                                  
10 under Alaska law at the time the offense was committed is considered a prior                                            
11            conviction;                                                                                                  
12 (C)  two or more convictions arising out of a single, continuous                                                        
13 criminal episode during which there was no substantial change in the nature of                                          
14 the criminal objective are considered a single conviction unless the defendant                                          
15 was sentenced to consecutive sentences for the crimes; offenses committed                                               
16 while attempting to escape or avoid detection or apprehension after the                                                 
17 commission of another offense are not part of the same criminal episode or                                              
18            objective.                                                                                                   
19    * Sec. 17.  AS 12.55.185(10) is amended to read:                                                                   
20                 (10)  "most serious felony" means                                                                       
21 (A)  arson in the first degree, sex trafficking in the first degree                                                     
22 under AS 11.66.110(a)(2), [ONLINE] enticement of a minor under                                                          
23 AS 11.41.452(e), or any unclassified or class A felony prescribed under                                                 
24            AS 11.41; or                                                                                                 
25 (B)  an attempt, or conspiracy to commit, or criminal                                                                   
26 solicitation under AS 11.31.110 of, an unclassified felony prescribed under                                             
27            AS 11.41;                                                                                                    
28    * Sec. 18.  AS 12.55.185(16) is amended to read:                                                                   
29 (16)  "sexual felony" means sexual assault in the first degree, sexual                                                  
30 abuse of a minor in the first degree, sex trafficking in the first degree, sexual assault in                            
31 the second degree, sexual abuse of a minor in the second degree, sexual abuse of a                                  
01 minor in the third degree if the victim is at least six years younger than the                                      
02 offender, unlawful exploitation of a minor, indecent viewing or production of a                                 
03 picture under AS 11.61.123(a) if the person viewed or shown in the picture was,                                     
04 at the time of the viewing or production, under 16 years of age, distribution of                                    
05 child pornography, sexual assault in the third degree, incest, indecent exposure in the                                 
06 first degree, possession of child pornography, [ONLINE] enticement of a minor, and                                      
07       felony attempt, conspiracy, or solicitation to commit those crimes;                                               
08    * Sec. 19.  AS 12.63.100(5) is amended to read:                                                                    
09                 (5)  "sex offender or child kidnapper" means                                                            
10 (A)  a person convicted of a sex offense or child kidnapping in                                                     
11 this state or another jurisdiction regardless of whether the conviction occurred                                        
12            before, after, or on January 1, 1999; or                                                                 
13 (B)  a person who is required to register as a sex offender or                                                      
14            child kidnapper under the laws of another jurisdiction;                                                  
15    * Sec. 20.  AS 12.63.100(6) is amended to read:                                                                    
16                 (6)  "sex offense" means                                                                                
17 (A)  a crime under AS 11.41.100(a)(3), or a similar law of                                                              
18 another jurisdiction, in which the person committed or attempted to commit a                                            
19 sexual offense, or a similar offense under the laws of the other jurisdiction; in                                       
20 this subparagraph, "sexual offense" has the meaning given in                                                            
21            AS 11.41.100(a)(3);                                                                                          
22 (B)  a crime under AS 11.41.110(a)(3), or a similar law of                                                              
23 another jurisdiction, in which the person committed or attempted to commit                                              
24            one of the following crimes, or a similar law of another jurisdiction:                                       
25                           (i)  sexual assault in the first degree;                                                      
26                           (ii)  sexual assault in the second degree;                                                    
27                           (iii)  sexual abuse of a minor in the first degree; or                                        
28                           (iv)  sexual abuse of a minor in the second degree;                                           
29 (C)  a crime, or an attempt, solicitation, or conspiracy to commit                                                      
30            a crime, under the following statutes or a similar law of another jurisdiction:                              
31                           (i)  AS 11.41.410 - 11.41.438;                                                                
01                           (ii)  AS 11.41.440(a)(2);                                                                     
02                           (iii)  AS 11.41.450 - 11.41.458;                                                              
03                           (iv)  AS 11.41.460 or AS 26.05.900(c) if the indecent                                         
04                 exposure is before a person under 16 years of age and the offender has                                  
05                 previously been convicted under AS 11.41.460 or AS 26.05.900(c);                                        
06                           (v)  AS 11.61.125 - 11.61.128;                                                                
07                           (vi)  AS 11.66.110, 11.66.130(a)(2)(B), or                                                    
08                 AS 26.05.900(b) if the person who was induced or caused to engage in                                    
09                 prostitution was under 20 years of age at the time of the offense;                                      
10 (vii)  former AS 11.15.120, former 11.15.134, or assault                                                                
11 with the intent to commit rape under former AS 11.15.160, former                                                        
12                 AS 11.40.110, or former 11.40.200;                                                                      
13 (viii)  AS 11.61.118(a)(2) if the offender has a previous                                                               
14                 conviction for that offense;                                                                            
15 (ix)  AS 11.66.100(a)(2) if the offender is subject to                                                                  
16                 punishment under AS 11.66.100(e);                                                                     
17 (x)  AS 26.05.890 if the person engaged in sexual                                                                       
18                 penetration or sexual contact with the victim;                                                          
19 (xi)  AS 26.05.890 if, at the time of the offense, the                                                                  
20 victim is under a duty to obey the lawful orders of the offender,                                                       
21 regardless of whether the offender is in the direct chain of command                                                    
22                 over the victim;                                                                                        
23 (xii)  AS 26.05.893 if the person engaged in sexual                                                                     
24                 penetration or sexual contact with the victim;                                                          
25 (xiii)  AS 26.05.900(a)(1) - (4) if the victim is under 18                                                              
26                 years of age at the time of the offense; [OR]                                                           
27 (xiv)  AS 26.05.900 if, at the time of the offense, the                                                                 
28 victim is under a duty to obey the lawful orders of the offender,                                                       
29 regardless of whether the offender is in the direct chain of command                                                    
30                 over the victim; or                                                                                 
31 (xv)  AS 11.61.123 if the offender is subject to                                                                    
01                 punishment under AS 11.61.123(f)(1); [OR]                                                           
02 (D)  an offense, or an attempt, solicitation, or conspiracy to                                                          
03 commit an offense, under AS 26.05.935(b), or a similar law of another                                                   
04 jurisdiction, if the member of the militia commits one of the following                                                 
05 enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform                                                
06            Code of Military Justice):                                                                                   
07                           (i)  child pornography; or                                                                    
08                           (ii)  pandering and prostitution if the person who is                                         
09                 induced, enticed, caused, or procured to engage in a sexual act is under                                
10                 20 years of age at the time of the offense; or                                                      
11 (E) an offense in which the person is required to register as                                                       
12            a sex offender under the laws of another jurisdiction;                                                   
13    * Sec. 21.  AS 33.16.090(a) is amended to read:                                                                    
14 (a)  A prisoner sentenced to an active term of imprisonment of at least 181                                             
15 days may, in the discretion of the board, be released on discretionary parole if the                                    
16       prisoner                                                                                                          
17 (1)  has served the amount of time specified under (b) of this section,                                                 
18       except that                                                                                                       
19 (A)  a prisoner sentenced to one or more mandatory 99-year                                                              
20 terms under AS 12.55.125(a) or one or more definite terms under                                                         
21            AS 12.55.125(l) is not eligible for consideration for discretionary parole;                                  
22 (B)  a prisoner is not eligible for consideration of discretionary                                                      
23            parole if made ineligible by order of a court under AS 12.55.115;                                            
24 (C)  a prisoner imprisoned under AS 12.55.086 is not eligible                                                           
25 for discretionary parole unless the actual term of imprisonment is more than                                            
26            one year;                                                                                                    
27 (D)  a prisoner sentenced to a single sentence within or                                                            
28 below a presumptive range set out in AS 12.55.125(i)(1) and (2), and has                                            
29 not been allowed by the three-judge panel under AS 12.55.175 to be                                                  
30 considered for discretionary parole release, is not eligible for                                                    
31            consideration of discretionary parole;                                                                   
01 (E)  a sentence that is ineligible for a good time deduction                                                        
02 under AS 33.20.010(a)(3) and has not been allowed by the three-judge                                                
03 panel under AS 12.55.175 to be considered for discretionary parole                                                  
04            release, is not eligible for consideration for discretionary parole; or                                  
05                  (2)  is at least 60 years of age, has served at least 10 years of a sentence                           
06       for one or more crimes in a single judgment, and has not been convicted of an                                     
07       unclassified felony or a sexual felony as defined in AS 12.55.185.                                                
08    * Sec. 22.  AS 11.41.432(a)(2) and AS 33.16.090(b)(2) are repealed.                                                
09    * Sec. 23.  The uncodified law of the State of Alaska is amended by adding a new section to                        
10 read:                                                                                                                   
11       APPLICABILITY. (a) The following sections apply to offenses committed on or after                                 
12 the effective date of this Act:                                                                                         
13 (1)  AS 11.41.432(b), as amended by sec. 2 of this Act;                                                                 
14 (2)  AS 11.41.452(a), as amended by sec. 4 of this Act;                                                                 
15 (3)  AS 11.41.452(d), as amended by sec. 5 of this Act;                                                                 
16 (4)  AS 11.41.452(e), as amended by sec. 6 of this Act;                                                                 
17 (5)  AS 11.61.120(a), as amended by sec. 8 of this Act;                                                                 
18 (6)  AS 11.61.123(a), as amended by sec. 9 of this Act;                                                                 
19 (7)  AS 11.61.123(f), as amended by sec. 12 of this Act;                                                                
20            (8)  AS 11.81.900(b)(59), as amended by sec. 13 of this Act;                                                 
21            (9)  AS 12.55.125(d), as amended by sec. 14 of this Act;                                                     
22            (10)  AS 12.55.125(i), as amended by sec. 15 of this Act;                                                    
23            (11)  AS 12.55.145(a), as amended by sec. 16 of this Act;                                                    
24            (12)  AS 12.55.185(10), as amended by sec. 17 of this Act;                                                   
25            (13)  AS 12.55.185(16), as amended by sec. 18 of this Act.                                                   
26       (b)  The following sections apply to the duty to register as a sex offender for offenses                          
27 committed on or after the effective date of this Act:                                                                   
28            (1)  AS 12.63.100(5), as amended by sec. 19 of this Act;                                                     
29            (2)  AS 12.63.100(6), as amended by sec. 20 of this Act.                                                     
30       (c)  AS 33.16.090(a), as amended by sec. 21 of this Act, applies to parole granted on                             
31 or after the effective date of this Act for conduct occurring on or after the effective date of this                    
01 Act.                                                                                                                    
02    * Sec. 24.  This Act takes effect July 1, 2019.