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SB 3: "An Act relating to the crime of harassment; providing for an aggravating factor at sentencing for certain felonies committed for the sexual gratification of the offender; and relating to registration of sex offenders."

00                              SENATE BILL NO. 3                                                                          
01 "An Act relating to the crime of harassment; providing for an aggravating factor at                                     
02 sentencing for certain felonies committed for the sexual gratification of the offender;                                 
03 and relating to registration of sex offenders."                                                                         
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1. AS 11.41.260(a) is amended to read:                                                                   
06            (a)  A person commits the crime of stalking in the first degree if the person                                
07       violates AS 11.41.270 and                                                                                         
08                 (1)  the actions constituting the offense are in violation of an order                                  
09       issued or filed under AS 18.66.100 - 18.66.180 or issued under former                                             
10       AS 25.35.010(b) or 25.35.020;                                                                                     
11                 (2)  the actions constituting the offense are in violation of a condition of                            
12       probation, release before trial, release after conviction, or parole;                                             
13                 (3)  the victim is under 16 years of age;                                                               
14                 (4)  at any time during the course of conduct constituting the offense,                                 
01       the defendant possessed a deadly weapon;                                                                          
02 (5)  the defendant has been previously convicted of a crime under this                                                  
03 section, AS 11.41.270, or AS 11.56.740, or a law or ordinance of this or another                                        
04 jurisdiction with elements similar to a crime under this section, AS 11.41.270, or                                      
05       AS 11.56.740; or                                                                                                  
06 (6)  the defendant has been previously convicted of a crime, or an                                                      
07 attempt or solicitation to commit a crime, under (A) AS 11.41.100 - 11.41.250,                                          
08 11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, or AS 11.61.117 - 11.61.120                                         
09 [AS 11.61.118, 11.61.120], or (B) a law or an ordinance of this or another jurisdiction                                 
10 with elements similar to a crime, or an attempt or solicitation to commit a crime, under                                
11 AS 11.41.100 - 11.41.250, 11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, or                                        
12 AS 11.61.117 - 11.61.120 [AS 11.61.118, OR 11.61.120], involving the same victim                                    
13       as the present offense.                                                                                           
14    * Sec. 2. AS 11.61 is amended by adding a new section to read:                                                     
15 Sec. 11.61.117. Harassment in the first degree. (a) A person commits the                                              
16 crime of harassment in the first degree if the person violates AS 11.61.120(a)(5) and                                   
17 the offensive physical contact is contact with human or animal blood, mucus, saliva,                                    
18       semen, urine, vomitus, or feces.                                                                                  
19            (b)  Harassment in the first degree is a class C felony.                                                     
20    * Sec. 3. AS 11.61.118 is amended to read:                                                                         
21 Sec. 11.61.118. Harassment in the second [FIRST] degree. (a) A person                                               
22       commits the crime of harassment in the second [FIRST] degree if                                               
23 (1)  the person violates AS 11.61.120(a)(5) and the offensive physical                                                  
24 contact is contact with human or animal blood, mucus, saliva, semen, urine, vomitus,                                    
25       or feces; or                                                                                                      
26 (2)  under circumstances not proscribed under AS 11.41.434 -                                                            
27 11.41.440, the person violates AS 11.61.120(a)(5) and the offensive physical contact                                    
28 is contact by the person touching through clothing another person's genitals, buttocks,                                 
29       or female breast.                                                                                                 
30            (b)  Harassment in the second [FIRST] degree is a class A misdemeanor.                                   
31    * Sec. 4. AS 11.61.120 is amended to read:                                                                         
01            Sec. 11.61.120. Harassment in the third [SECOND] degree. (a) A person                                    
02       commits the crime of harassment in the third [SECOND] degree if, with intent to                               
03       harass or annoy another person, that person                                                                       
04                 (1)  insults, taunts, or challenges another person in a manner likely to                                
05       provoke an immediate violent response;                                                                            
06                 (2)  telephones another and fails to terminate the connection with intent                               
07       to impair the ability of that person to place or receive telephone calls;                                         
08                 (3)  makes repeated telephone calls at extremely inconvenient hours;                                    
09                 (4)  makes an anonymous or obscene telephone call, an obscene                                           
10 electronic communication, or a telephone call or electronic communication that                                          
11       threatens physical injury or sexual contact;                                                                      
12                 (5)  subjects another person to offensive physical contact;                                             
13 (6)  except as provided in AS 11.61.116, publishes or distributes                                                       
14 electronic or printed photographs, pictures, or films that show the genitals, anus, or                                  
15       female breast of the other person or show that person engaged in a sexual act; or                                 
16 (7)  repeatedly sends or publishes an electronic communication that                                                     
17 insults, taunts, challenges, or intimidates a person under 18 years of age in a manner                                  
18       that places the person in reasonable fear of physical injury.                                                     
19            (b)  Harassment in the third [SECOND] degree is a class B misdemeanor.                                   
20    * Sec. 5. AS 12.55.135(d) is amended to read:                                                                      
21 (d)  A defendant convicted of assault in the fourth degree or harassment in the                                         
22 second [FIRST] degree who knowingly directed the conduct constituting the offense                                   
23       at                                                                                                                
24 (1)  a uniformed or otherwise clearly identified peace officer,                                                         
25 firefighter, correctional employee, emergency medical technician, paramedic,                                            
26 ambulance attendant, or other emergency responder or medical professional who was                                       
27 engaged in the performance of official duties at the time of the assault or harassment                                  
28       shall be sentenced to a minimum term of imprisonment of                                                           
29 (A)  60 days if the defendant violated AS 11.41.230(a)(1) or (2)                                                        
30            or AS 11.61.118;                                                                                             
31                      (B)  30 days if the defendant violated AS 11.41.230(a)(3);                                         
01 (2)  a person who was on school grounds during school hours or during                                                   
02 a school function or a school-sponsored event, on a school bus, at a school-sponsored                                   
03 event, or in the administrative offices of a school district, if students are educated at                               
04 that office, shall be sentenced to a minimum term of imprisonment of 60 days if the                                     
05       defendant violated AS 11.41.230(a)(1) or (2); in this paragraph,                                                  
06                      (A)  "school bus" has the meaning given in AS 11.71.900;                                           
07                      (B)  "school district" has the meaning given in AS 47.07.063;                                      
08                      (C)  "school grounds" has the meaning given in AS 11.71.900.                                       
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 offense was a felony, other than a sexual felony, and a                                                   
01       purpose for which the defendant committed the offense was for the defendant's                                 
02       sexual gratification.                                                                                         
03    * Sec. 7. AS 12.63.100(6) is amended to read:                                                                      
04                 (6)  "sex offense" means                                                                                
05 (A)  a crime under AS 11.41.100(a)(3), or a similar law of                                                              
06 another jurisdiction, in which the person committed or attempted to commit a                                            
07 sexual offense, or a similar offense under the laws of the other jurisdiction; in                                       
08 this subparagraph, "sexual offense" has the meaning given in                                                            
09            AS 11.41.100(a)(3);                                                                                          
10 (B)  a crime under AS 11.41.110(a)(3), or a similar law of                                                              
11 another jurisdiction, in which the person committed or attempted to commit                                              
12            one of the following crimes, or a similar law of another jurisdiction:                                       
13                           (i)  sexual assault in the first degree;                                                      
14                           (ii)  sexual assault in the second degree;                                                    
15                           (iii)  sexual abuse of a minor in the first degree; or                                        
16                           (iv)  sexual abuse of a minor in the second degree;                                           
17 (C)  a crime, or an attempt, solicitation, or conspiracy to commit                                                      
18            a crime, under the following statutes or a similar law of another jurisdiction:                              
19                           (i)  AS 11.41.410 - 11.41.438;                                                                
20                           (ii)  AS 11.41.440(a)(2);                                                                     
21                           (iii)  AS 11.41.450 - 11.41.458;                                                              
22 (iv)  AS 11.41.460 or AS 26.05.900(c) if the indecent                                                                   
23 exposure is before a person under 16 years of age and the offender has                                                  
24                 previously been convicted under AS 11.41.460 or AS 26.05.900(c);                                        
25                           (v)  AS 11.61.125 - 11.61.128;                                                                
26 (vi)  AS 11.66.110, 11.66.130(a)(2)(B), or                                                                              
27 AS 26.05.900(b) if the person who was induced or caused to engage in                                                    
28                 prostitution was under 20 years of age at the time of the offense;                                      
29 (vii)  former AS 11.15.120, former 11.15.134, or assault                                                                
30 with the intent to commit rape under former AS 11.15.160, former                                                        
31                 AS 11.40.110, or former 11.40.200;                                                                      
01                           (viii)  AS 11.61.118(a)(2) if the offender has a previous                                     
02                 conviction for that offense;                                                                            
03                           (ix)  AS 11.66.100(a)(2) if the offender is subject to                                        
04                 punishment under AS 11.66.100(e);                                                                     
05                           (x)  AS 26.05.890 if the person engaged in sexual                                             
06                 penetration or sexual contact with the victim;                                                          
07 (xi)  AS 26.05.890 if, at the time of the offense, the                                                                  
08 victim is under a duty to obey the lawful orders of the offender,                                                       
09 regardless of whether the offender is in the direct chain of command                                                    
10                 over the victim;                                                                                        
11 (xii)  AS 26.05.893 if the person engaged in sexual                                                                     
12                 penetration or sexual contact with the victim;                                                          
13 (xiii)  AS 26.05.900(a)(1) - (4) if the victim is under 18                                                              
14                 years of age at the time of the offense; [OR]                                                           
15 (xiv)  AS 26.05.900 if, at the time of the offense, the                                                                 
16 victim is under a duty to obey the lawful orders of the offender,                                                       
17 regardless of whether the offender is in the direct chain of command                                                    
18                 over the victim; or                                                                                     
19 (xv)  AS 11.61.117 if the offensive physical contact is                                                             
20                 contact with semen;                                                                                 
21 (D)  an offense, or an attempt, solicitation, or conspiracy to                                                          
22 commit an offense, under AS 26.05.935(b), or a similar law of another                                                   
23 jurisdiction, if the member of the militia commits one of the following                                                 
24 enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform                                                
25            Code of Military Justice):                                                                                   
26                           (i)  child pornography; or                                                                    
27 (ii)  pandering and prostitution if the person who is                                                                   
28 induced, enticed, caused, or procured to engage in a sexual act is under                                                
29                 20 years of age at the time of the offense; or                                                      
30 (E)  a crime under AS 11, or an attempt, solicitation, or                                                           
31 conspiracy to commit a crime under AS 11, where the aggravating factor                                              
01            provided in AS 12.55.155(c)(37) has been proven or admitted;                                             
02    * Sec. 8. AS 11.61.118(a)(1) is repealed.                                                                          
03    * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to                          
04 read:                                                                                                                   
05 APPLICABILITY. (a) AS 11.41.260(a), as amended by sec. 1 of this Act,                                                   
06 AS 11.61.117, enacted by sec. 2 of this Act, AS 11.61.118, as amended by sec. 3 of this Act,                            
07 and AS 11.61.120, as amended by sec. 4 of this Act, apply to offenses committed on or after                             
08 the effective date of secs. 1 - 4 of this Act.                                                                          
09       (b)  AS 12.55.155(c), as amended by sec. 6 of this Act, applies to sentences imposed                              
10 on or after the effective date of sec. 6 of this Act, for offenses committed on or after the                            
11 effective date of sec. 6 of this Act.