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HB 364: "An Act relating to civil claims by victims of sexual abuse to a minor; relating to homicide; relating to assault in the third degree; relating to stalking; relating to sexual abuse of a minor; relating to enticement of a minor; relating to endangering the welfare of a child; relating to indecent exposure; relating to sending an explicit image of a minor; relating to solicitation or production of an indecent picture of a minor; relating to distribution of indecent material to minors; relating to the testimony of children in criminal proceedings; and relating to sentencing."

00 HOUSE BILL NO. 364 01 "An Act relating to civil claims by victims of sexual abuse to a minor; relating to 02 homicide; relating to assault in the third degree; relating to stalking; relating to sexual 03 abuse of a minor; relating to enticement of a minor; relating to endangering the welfare 04 of a child; relating to indecent exposure; relating to sending an explicit image of a 05 minor; relating to solicitation or production of an indecent picture of a minor; relating 06 to distribution of indecent material to minors; relating to the testimony of children in 07 criminal proceedings; and relating to sentencing." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. AS 09.55.650(a) is amended to read: 10 (a) A person who, as a minor under 18 [16] years of age, was the victim of 11 sexual abuse may maintain an action for recovery of damages against the perpetrator 12 of the act or acts of sexual abuse based on the perpetrator's intentional conduct for an 13 injury or condition suffered as a result of the sexual abuse.

01 * Sec. 2. AS 11.41.100(a) is amended to read: 02 (a) A person commits the crime of murder in the first degree if 03 (1) with intent to cause the death of another person, the person 04 (A) causes the death of any person; or 05 (B) compels or induces any person to commit suicide through 06 duress or deception; 07 (2) the person knowingly engages in conduct directed toward a child 08 under the age of 18 [16] and the person with criminal negligence inflicts serious 09 physical injury on the child by at least two separate acts, and one of the acts results in 10 the death of the child; 11 (3) acting alone or with one or more persons, the person commits or 12 attempts to commit a sexual offense against or kidnapping of a child under 18 [16] 13 years of age and, in the course of or in furtherance of the offense or in immediate 14 flight from that offense, any person causes the death of the child; in this paragraph, 15 "sexual offense" means an offense defined in AS 11.41.410 - 11.41.470; 16 (4) acting alone or with one or more persons, the person commits or 17 attempts to commit criminal mischief in the first degree under AS 11.46.475 and, in 18 the course of or in furtherance of the offense or in immediate flight from that offense, 19 any person causes the death of a person other than one of the participants; or 20 (5) acting alone or with one or more persons, the person commits 21 terroristic threatening in the first degree under AS 11.56.807 and, in the course of or in 22 furtherance of the offense or in immediate flight from that offense, any person causes 23 the death of a person other than one of the participants. 24 * Sec. 3. AS 11.41.110(a) is amended to read: 25 (a) A person commits the crime of murder in the second degree if 26 (1) with intent to cause serious physical injury to another person or 27 knowing that the conduct is substantially certain to cause death or serious physical 28 injury to another person, the person causes the death of any person; 29 (2) the person knowingly engages in conduct that results in the death 30 of another person under circumstances manifesting an extreme indifference to the 31 value of human life;

01 (3) under circumstances not amounting to murder in the first degree 02 under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the 03 person commits or attempts to commit arson in the first degree, kidnapping, sexual 04 assault in the first degree, sexual assault in the second degree, sexual abuse of a minor 05 in the first degree, sexual abuse of a minor in the second degree, burglary in the first 06 degree, escape in the first or second degree, robbery in any degree, or misconduct 07 involving a controlled substance under AS 11.71.010(a), 11.71.021(a), 11.71.030(a)(2) 08 or (9), or 11.71.040(a)(1) or (2) and, in the course of or in furtherance of that crime or 09 in immediate flight from that crime, any person causes the death of a person other than 10 one of the participants; 11 (4) acting with a criminal street gang, the person commits or attempts 12 to commit a crime that is a felony and, in the course of or in furtherance of that crime 13 or in immediate flight from that crime, any person causes the death of a person other 14 than one of the participants; or 15 (5) the person with criminal negligence causes the death of a child 16 under the age of 18 [16], and the person has been previously convicted of a crime 17 involving a child under the age of 18 [16] that was 18 (A) a felony violation of AS 11.41; 19 (B) in violation of a law or ordinance in another jurisdiction 20 with elements similar to a felony under AS 11.41; or 21 (C) an attempt, a solicitation, or a conspiracy to commit a 22 crime listed in (A) or (B) of this paragraph. 23 * Sec. 4. AS 11.41.220(a) is amended to read: 24 (a) A person commits the crime of assault in the third degree if that person 25 (1) recklessly 26 (A) places another person in fear of imminent serious physical 27 injury by means of a dangerous instrument; 28 (B) causes physical injury to another person by means of a 29 dangerous instrument; or 30 (C) while being 18 years of age or older, 31 (i) causes physical injury to a child under 12 years of

01 age and the injury would cause a reasonable caregiver to seek medical 02 attention from a health care professional in the form of diagnosis or 03 treatment; 04 (ii) causes physical injury to a child under 12 years of 05 age on more than one occasion; 06 (2) with intent to place another person in fear of death or serious 07 physical injury to the person or the person's family member, makes repeated threats to 08 cause death or serious physical injury to another person; 09 (3) while being 18 years of age or older, knowingly causes physical 10 injury to a child under 18 [16] years of age but at least 12 years of age and the injury 11 reasonably requires medical treatment; 12 (4) with criminal negligence, causes serious physical injury under 13 AS 11.81.900(b)(59)(B) to another person by means of a dangerous instrument; or 14 (5) commits a crime that is a violation of AS 11.41.230(a)(1) or (2) 15 and, within the preceding 10 years, the person was convicted on two or more separate 16 occasions of crimes under 17 (A) AS 11.41.100 - 11.41.170; 18 (B) AS 11.41.200 - 11.41.220, 11.41.230(a)(1) or (2), 19 11.41.280, or 11.41.282; 20 (C) AS 11.41.260 or 11.41.270; 21 (D) AS 11.41.410, 11.41.420, or 11.41.425(a)(1); or 22 (E) a law or ordinance of this or another jurisdiction with 23 elements similar to those of an offense described in (A) - (D) of this paragraph. 24 * Sec. 5. AS 11.41.220(b) is amended to read: 25 (b) In a prosecution under (a)(3) of this section, it is an affirmative defense 26 that, at the time of the alleged offense, the defendant reasonably believed the victim to 27 be 18 [16] years of age or older, unless the victim was under 13 years of age at the 28 time of the alleged offense. 29 * Sec. 6. AS 11.41.260(a) is amended to read: 30 (a) A person commits the crime of stalking in the first degree if the person 31 violates AS 11.41.270 and

01 (1) the actions constituting the offense are in violation of an order 02 issued or filed under AS 18.66.100 - 18.66.180 or issued under former 03 AS 25.35.010(b) or 25.35.020; 04 (2) the actions constituting the offense are in violation of a condition of 05 probation, release before trial, release after conviction, or parole; 06 (3) the victim is under 18 [16] years of age; 07 (4) at any time during the course of conduct constituting the offense, 08 the defendant possessed a deadly weapon; 09 (5) the defendant has been previously convicted of a crime under this 10 section, AS 11.41.270, or AS 11.56.740, or a law or ordinance of this or another 11 jurisdiction with elements similar to a crime under this section, AS 11.41.270, or 12 AS 11.56.740; or 13 (6) the defendant has been previously convicted of a crime, or an 14 attempt or solicitation to commit a crime, under (A) AS 11.41.100 - 11.41.250, 15 11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, 11.61.120, or (B) a 16 law or an ordinance of this or another jurisdiction with elements similar to a crime, or 17 an attempt or solicitation to commit a crime, under AS 11.41.100 - 11.41.250, 18 11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, or 11.61.120, 19 involving the same victim as the present offense. 20 * Sec. 7. AS 11.41.434(a) is amended to read: 21 (a) An offender commits the crime of sexual abuse of a minor in the first 22 degree if 23 (1) being 16 years of age or older, the offender engages in sexual 24 penetration with a person who is under 13 years of age or aids, induces, causes, or 25 encourages a person who is under 13 years of age to engage in sexual penetration with 26 another person; 27 (2) being 18 years of age or older, the offender engages in sexual 28 penetration with a person who is under 18 years of age, and the offender is the victim's 29 natural parent, stepparent, adopted parent, or legal guardian; or 30 (3) being 18 years of age or older, the offender engages in sexual 31 penetration with a person who is under 18 [16] years of age, and

01 (A) the victim at the time of the offense is residing in the same 02 household as the offender and the offender has authority over the victim; or 03 (B) the offender occupies a position of authority in relation to 04 the victim. 05 * Sec. 8. AS 11.41.436(a) is amended to read: 06 (a) An offender commits the crime of sexual abuse of a minor in the second 07 degree if, 08 (1) being 17 years of age or older, the offender engages in sexual 09 penetration with a person who is 13, 14, [OR] 15, 16, or 17 years of age and at least 10 four years younger than the offender, or aids, induces, causes, or encourages a person 11 who is 13, 14, [OR] 15, 16, or 17 years of age and at least four years younger than the 12 offender to engage in sexual penetration with another person; 13 (2) being 16 years of age or older, the offender engages in sexual 14 contact with a person who is under 13 years of age or aids, induces, causes, or 15 encourages a person under 13 years of age to engage in sexual contact with another 16 person; 17 (3) being 18 years of age or older, the offender engages in sexual 18 contact with a person who is under 18 years of age, and the offender is the victim's 19 natural parent, stepparent, adopted parent, or legal guardian; 20 (4) being 16 years of age or older, the offender aids, induces, causes, 21 or encourages a person who is under 16 years of age to engage in conduct described in 22 AS 11.41.455(a)(2) - (6); 23 (5) being 18 years of age or older, the offender engages in sexual 24 contact with a person who is under 18 [16] years of age, and 25 (A) the victim at the time of the offense is residing in the same 26 household as the offender and the offender has authority over the victim; or 27 (B) the offender occupies a position of authority in relation to 28 the victim; 29 (6) being 18 years of age or older, the offender engages in sexual 30 penetration with a person who is 16 or 17 years of age and at least three years younger 31 than the offender, and the offender occupies a position of authority in relation to the

01 victim; or 02 (7) being under 16 years of age, the offender engages in sexual 03 penetration with a person who is under 13 years of age and at least three years younger 04 than the offender. 05 * Sec. 9. AS 11.41.438(a) is amended to read: 06 (a) An offender commits the crime of sexual abuse of a minor in the third 07 degree if being 17 years of age or older, the offender engages in sexual contact with a 08 person who is 13, 14, [OR] 15, 16, or 17 years of age and at least four years younger 09 than the offender. 10 * Sec. 10. AS 11.41.452(a) is amended to read: 11 (a) A person commits the crime of enticement of a minor if the person, being 12 18 years of age or older, knowingly communicates with another person to entice, 13 solicit, or encourage the person to engage in an act described in AS 11.41.455(a)(1) - 14 (7) and 15 (1) the other person is a child under 18 [16] years of age; or 16 (2) the person believes that the other person is a child under 18 [16] 17 years of age. 18 * Sec. 11. AS 11.41.452(b) is amended to read: 19 (b) In a prosecution under (a)(2) of this section, it is not a defense that the 20 person enticed, solicited, or encouraged was not actually a child under 18 [16] years of 21 age. 22 * Sec. 12. AS 11.41.458(b) is amended to read: 23 (b) Indecent exposure in the first degree 24 (1) is a class C felony; or 25 (2) is a class B felony if the offense occurs within the observation of a 26 person under 18 [16] years of age. 27 * Sec. 13. AS 11.41.460(b) is amended to read: 28 (b) Indecent exposure in the second degree before a person under 18 [16] 29 years of age is a class A misdemeanor. Indecent exposure in the second degree before 30 a person 18 [16] years of age or older is a class B misdemeanor. 31 * Sec. 14. AS 11.51.100(a) is amended to read:

01 (a) A person commits the crime of endangering the welfare of a child in the 02 first degree if, being a parent, guardian, or other person legally charged with the care 03 of a child under 18 [16] years of age, the person 04 (1) intentionally deserts the child in a place under circumstances 05 creating a substantial risk of physical injury to the child; 06 (2) leaves the child with another person who is not a parent, guardian, 07 or lawful custodian of the child knowing that the person is 08 (A) registered or required to register as a sex offender or child 09 kidnapper under AS 12.63 or a law or ordinance in another jurisdiction with 10 similar requirements; 11 (B) charged by complaint, information, or indictment with a 12 violation of AS 11.41.410 - 11.41.455 or a law or ordinance in another 13 jurisdiction with similar elements; or 14 (C) charged by complaint, information, or indictment with an 15 attempt, solicitation, or conspiracy to commit a crime described in (B) of this 16 paragraph; 17 (3) leaves the child with another person knowing that the person has 18 previously physically mistreated or had sexual contact with any child, and the other 19 person causes physical injury to or engages in sexual contact with the child; or 20 (4) recklessly fails to provide an adequate quantity of food or liquids to 21 a child, causing protracted impairment of the child's health. 22 * Sec. 15. AS 11.61.116(a) is amended to read: 23 (a) A person commits the offense of sending an explicit image of a minor if 24 the person, with intent to annoy or humiliate another person, distributes an electronic 25 photograph or video that depicts the genitals, anus, or female breast of that other 26 person taken when that person was a minor under 18 [16] years of age. 27 * Sec. 16. AS 11.61.124(a) is amended to read: 28 (a) An offender commits the crime of solicitation or production of an indecent 29 picture of a minor if, under circumstances not proscribed under AS 11.41.455 or 30 AS 11.61.123, the offender being 18 years of age or older 31 (1) solicits a picture of the genitals, anus, or female breast of another

01 person and the 02 (A) person solicited is under 18 [16] years of age and at least 03 four years younger than the offender; or 04 (B) offender believes that the other person is under 18 [16] 05 years of age and at least four years younger than the offender; or 06 (2) produces a picture of the genitals, anus, or female breast of another 07 person and the 08 (A) person shown in the picture is under 18 [16] years of age 09 and at least four years younger than the offender; or 10 (B) offender believes that the other person is under 18 [16] 11 years of age and at least four years younger than the offender. 12 * Sec. 17. AS 11.61.124(b) is amended to read: 13 (b) In a prosecution under (a) of this section, it is not a defense that the person 14 solicited or shown in the picture was not actually a person under 18 [16] years of age 15 and at least four years younger than the offender. 16 * Sec. 18. AS 11.61.128(a) is amended to read: 17 (a) A person commits the crime of distribution of indecent material to minors 18 if 19 (1) the person, being 18 years of age or older, intentionally distributes 20 or possesses with intent to distribute any material described in (2) and (3) of this 21 subsection to either 22 (A) a child that the person knows is under 18 [16] years of age; 23 or 24 (B) another person that the person believes is a child under 18 25 [16] years of age; 26 (2) the person knows that the material depicts the following actual or 27 simulated conduct: 28 (A) sexual penetration; 29 (B) the lewd touching of a person's genitals, anus, or female 30 breast; 31 (C) masturbation;

01 (D) bestiality; 02 (E) the lewd exhibition of a person's genitals, anus, or female 03 breast; or 04 (F) sexual masochism or sadism; and 05 (3) the material is harmful to minors. 06 * Sec. 19. AS 11.61.128(b) is amended to read: 07 (b) In this section, it is not a defense that the victim was not actually under 18 08 [16] years of age. 09 * Sec. 20. AS 11.61.128(c) is amended to read: 10 (c) In this section, "harmful to minors" means 11 (1) the average individual, applying contemporary community 12 standards, would find that the material, taken as a whole, appeals to the prurient 13 interest in sex for persons under 18 [16] years of age; 14 (2) a reasonable person would find that the material, taken as a whole, 15 lacks serious literary, artistic, educational, political, or scientific value for persons 16 under 18 [16] years of age; and 17 (3) the material depicts actual or simulated conduct in a way that is 18 patently offensive to the prevailing standards in the adult community as a whole with 19 respect to what is suitable for persons under 18 [16] years of age. 20 * Sec. 21. AS 12.45.046(a) is amended to read: 21 (a) In a criminal proceeding under AS 11.41 involving the prosecution of an 22 offense committed against a child under the age of 18 [16], or witnessed by a child 23 under the age of 18 [16], the court 24 (1) may appoint a guardian ad litem for the child; 25 (2) on its own motion or on the motion of the party presenting the 26 witness or the guardian ad litem of the child, may order that the testimony of the child 27 be taken by closed circuit television or through one-way mirrors if the court 28 determines that the testimony by the child victim or witness under normal court 29 procedures would result in the child's inability to effectively communicate. 30 * Sec. 22. AS 12.55.125(b) is amended to read: 31 (b) A defendant convicted of attempted murder in the first degree, solicitation

01 to commit murder in the first degree, conspiracy to commit murder in the first degree, 02 kidnapping, or misconduct involving a controlled substance in the first degree shall be 03 sentenced to a definite term of imprisonment of at least five years but not more than 04 99 years. A defendant convicted of murder in the second degree or murder of an 05 unborn child under AS 11.41.150(a)(2) - (4) shall be sentenced to a definite term of 06 imprisonment of at least 15 years but not more than 99 years. A defendant convicted 07 of murder in the second degree shall be sentenced to a definite term of imprisonment 08 of at least 20 years but not more than 99 years when the defendant is convicted of the 09 murder of a child under 18 [16] years of age and the court finds by clear and 10 convincing evidence that the defendant (1) was a natural parent, a stepparent, an 11 adoptive parent, a legal guardian, or a person occupying a position of authority in 12 relation to the child; or (2) caused the death of the child by committing a crime against 13 a person under AS 11.41.200 - 11.41.530. In this subsection, "legal guardian" and 14 "position of authority" have the meanings given in AS 11.41.470. 15 * Sec. 23. AS 12.55.125(d) is amended to read: 16 (d) Except as provided in (i) of this section, a defendant convicted of a class B 17 felony may be sentenced to a definite term of imprisonment of not more than 10 years, 18 and shall be sentenced to a definite term within the following presumptive ranges, 19 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 20 (1) if the offense is a first felony conviction and does not involve 21 circumstances described in (2) of this subsection, one to three years; a defendant 22 sentenced under this paragraph may, if the court finds it appropriate, be granted a 23 suspended imposition of sentence under AS 12.55.085 if, as a condition of probation 24 under AS 12.55.086, the defendant is required to serve an active term of imprisonment 25 within the range specified in this paragraph, unless the court finds that a mitigation 26 factor under AS 12.55.155 applies; 27 (2) if the offense is a first felony conviction, 28 (A) the defendant violated AS 11.41.130, and the victim was a 29 child under 18 [16] years of age, two to four years; 30 (B) two to four years if the conviction is for attempt, 31 solicitation, or conspiracy to manufacture related to methamphetamine under

01 AS 11.31 and AS 11.71.021(a)(2)(A) or (B), and 02 (i) the attempted manufacturing occurred, or the 03 solicited or conspired offense was to have occurred, in a building with 04 reckless disregard that the building was used as a permanent or 05 temporary home or place of lodging for one or more children under 18 06 years of age or the building was a place frequented by children; or 07 (ii) in the course of an attempt to manufacture, the 08 defendant obtained the assistance of one or more children under 18 09 years of age or one or more children were present; 10 (3) if the offense is a second felony conviction, three to seven years; 11 (4) if the offense is a third felony conviction, six to 10 years. 12 * Sec. 24. AS 12.55.145(a) is amended to read: 13 (a) For purposes of considering prior convictions in imposing sentence under 14 (1) AS 12.55.125(c), (d), or (e), 15 (A) a prior conviction may not be considered if a period of 10 16 or more years has elapsed between the date of the defendant's unconditional 17 discharge on the immediately preceding offense and commission of the present 18 offense unless the prior conviction was for an unclassified or class A felony; 19 (B) a conviction in this or another jurisdiction of an offense 20 having elements similar to those of a felony defined as such under Alaska law 21 at the time the offense was committed is considered a prior felony conviction; 22 (C) two or more convictions arising out of a single, continuous 23 criminal episode during which there was no substantial change in the nature of 24 the criminal objective are considered a single conviction unless the defendant 25 was sentenced to consecutive sentences for the crimes; offenses committed 26 while attempting to escape or avoid detection or apprehension after the 27 commission of another offense are not part of the same criminal episode or 28 objective; 29 (2) AS 12.55.125(l), 30 (A) a conviction in this or another jurisdiction of an offense 31 having elements similar to those of a most serious felony is considered a prior

01 most serious felony conviction; 02 (B) commission of and conviction for offenses relied on as 03 prior most serious felony offenses must occur in the following order: 04 conviction for the first offense must occur before commission of the second 05 offense, and conviction for the second offense must occur before commission 06 of the offense for which the defendant is being sentenced; 07 (3) AS 12.55.135(g), 08 (A) a prior conviction may not be considered if a period of five 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 crime against a person or a crime 14 involving domestic violence is considered a prior 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 (4) AS 12.55.125(i), 23 (A) a conviction in this or another jurisdiction of an offense 24 having elements similar to those of a sexual felony is a prior conviction for a 25 sexual felony; 26 (B) a felony conviction in another jurisdiction making it a 27 crime to commit any lewd and lascivious act on a child under the age of 18 28 [16] years, with the intent of arousing, appealing to, or gratifying the sexual 29 desires of the defendant or the victim is a prior conviction for a sexual felony; 30 (C) two or more convictions arising out of a single, continuous 31 criminal episode during which there was no substantial change in the nature of

01 the criminal objective are considered a single conviction unless the defendant 02 was sentenced to consecutive sentences for the crimes; offenses committed 03 while attempting to escape or avoid detection or apprehension after the 04 commission of another offense are not part of the same criminal episode or 05 objective; 06 (D) a conviction in this or another jurisdiction of an offense 07 having elements similar to those of a felony defined as such under Alaska law 08 at the time the offense was committed is considered a prior felony conviction. 09 * Sec. 25. 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 18 [16] years of age who was, at the time of the offense, living within 10 the residence of the victim, the residence of the perpetrator, or the residence 11 where the crime involving domestic violence occurred; 12 (D) specified in AS 11.41 and was committed against a person 13 with whom the defendant has a dating relationship or with whom the defendant 14 has engaged in a sexual relationship; or 15 (E) specified in AS 11.41.434 - 11.41.458 or AS 11.61.128 and 16 the defendant was 10 or more years older than the victim; 17 (19) the defendant's prior criminal history includes an adjudication as a 18 delinquent for conduct that would have been a felony if committed by an adult; 19 (20) the defendant was on furlough under AS 33.30 or on parole or 20 probation for another felony charge or conviction that would be considered a prior 21 felony conviction under AS 12.55.145(a)(1)(B); 22 (21) the defendant has a criminal history of repeated instances of 23 conduct violative of criminal laws, whether punishable as felonies or misdemeanors, 24 similar in nature to the offense for which the defendant is being sentenced under this 25 section; 26 (22) the defendant knowingly directed the conduct constituting the 27 offense at a victim because of that person's race, sex, color, creed, physical or mental 28 disability, ancestry, or national origin; 29 (23) the defendant is convicted of an offense specified in AS 11.71 and 30 (A) the offense involved the delivery of a controlled substance 31 under circumstances manifesting an intent to distribute the substance as part of

01 a commercial enterprise; or 02 (B) at the time of the conduct resulting in the conviction, the 03 defendant was caring for or assisting in the care of a child under 10 years of 04 age; 05 (24) the defendant is convicted of an offense specified in AS 11.71 and 06 the offense involved the transportation of controlled substances into the state; 07 (25) the defendant is convicted of an offense specified in AS 11.71 and 08 the offense involved large quantities of a controlled substance; 09 (26) the defendant is convicted of an offense specified in AS 11.71 and 10 the offense involved the distribution of a controlled substance that had been 11 adulterated with a toxic substance; 12 (27) the defendant, being 18 years of age or older, 13 (A) is legally accountable under AS 11.16.110(2) for the 14 conduct of a person who, at the time the offense was committed, was under 18 15 years of age and at least three years younger than the defendant; or 16 (B) is aided or abetted in planning or committing the offense by 17 a person who, at the time the offense was committed, was under 18 years of 18 age and at least three years younger than the defendant; 19 (28) the victim of the offense is a person who provided testimony or 20 evidence related to a prior offense committed by the defendant; 21 (29) the defendant committed the offense for the benefit of, at the 22 direction of, or in association with a criminal street gang; 23 (30) the defendant is convicted of an offense specified in AS 11.41.410 24 - 11.41.455, and the defendant knowingly supplied alcohol or a controlled substance to 25 the victim in furtherance of the offense with the intent to make the victim 26 incapacitated; in this paragraph, "incapacitated" has the meaning given in 27 AS 11.41.470; 28 (31) the defendant's prior criminal history includes convictions for five 29 or more crimes in this or another jurisdiction that are class A misdemeanors under the 30 law of this state, or having elements similar to a class A misdemeanor; two or more 31 convictions arising out of a single continuous episode are considered a single

01 conviction; however, an offense is not a part of a continuous episode if committed 02 while attempting to escape or resist arrest or if it is an assault on a uniformed or 03 otherwise clearly identified peace officer or correctional employee; notice and denial 04 of convictions are governed by AS 12.55.145(b) - (d); 05 (32) the offense is a violation of AS 11.41 or AS 11.46.400 and the 06 offense occurred on school grounds, on a school bus, at a school-sponsored event, or 07 in the administrative offices of a school district if students are educated at that office; 08 in this paragraph, 09 (A) "school bus" has the meaning given in AS 11.71.900; 10 (B) "school district" has the meaning given in AS 47.07.063; 11 (C) "school grounds" has the meaning given in AS 11.71.900; 12 (33) the offense was a felony specified in AS 11.41.410 - 11.41.455, 13 the defendant had been previously diagnosed as having or having tested positive for 14 HIV or AIDS, and the offense either (A) involved penetration, or (B) exposed the 15 victim to a risk or a fear that the offense could result in the transmission of HIV or 16 AIDS; in this paragraph, "HIV" and "AIDS" have the meanings given in 17 AS 18.15.310; 18 (34) the defendant committed the offense on, or to affect persons or 19 property on, the premises of a recognized shelter or facility providing services to 20 victims of domestic violence or sexual assault; 21 (35) the defendant knowingly directed the conduct constituting the 22 offense at a victim because that person was 65 years of age or older; 23 (36) the defendant committed the offense at a health care facility and 24 knowingly directed the conduct constituting the offense at a medical professional 25 during or because of the medical professional's exercise of professional duties; in this 26 paragraph, 27 (A) "health care facility" has the meaning given in 28 AS 18.07.111; 29 (B) "medical professional" has the meaning given in 30 AS 12.55.135(k); 31 (37) the defendant knowingly caused the victim to become

01 unconscious by means of a dangerous instrument; in this paragraph, "dangerous 02 instrument" has the meaning given in AS 11.81.900(b)(15)(B). 03 * Sec. 26. AS 12.63.020(a) is amended to read: 04 (a) The duty of a sex offender or child kidnapper to comply with the 05 requirements of AS 12.63.010 is as follows: 06 (1) for a sex offender or child kidnapper, as that term is defined in 07 AS 12.63.100(6)(A), for each sex offense or child kidnapping, the duty 08 (A) continues for the lifetime of a sex offender or child 09 kidnapper convicted of 10 (i) one aggravated sex offense; or 11 (ii) two or more sex offenses, two or more child 12 kidnappings, or one sex offense and one child kidnapping; for purposes 13 of this section, a person convicted of indecent exposure before a person 14 under 18 [16] years of age under AS 11.41.460 more than two times 15 has been convicted of two or more sex offenses; 16 (B) ends 15 years following the sex offender's or child 17 kidnapper's unconditional discharge from a conviction for a single sex offense 18 that is not an aggravated sex offense or for a single child kidnapping if the sex 19 offender or child kidnapper has supplied proof that is acceptable to the 20 department of the unconditional discharge; the registration period under this 21 subparagraph 22 (i) is tolled for each year that a sex offender or child 23 kidnapper fails to comply with the requirements of this chapter or is 24 incarcerated for the offense or kidnapping for which the offender or 25 kidnapper is required to register or for any other offense; 26 (ii) may include the time a sex offender or child 27 kidnapper was absent from this state if the sex offender or child 28 kidnapper has complied with any sex offender or child kidnapper 29 registration requirements of the jurisdiction in which the offender or 30 kidnapper was located and if the sex offender or child kidnapper 31 provides the department with proof of the compliance while the sex

01 offender or child kidnapper was absent from this state; and 02 (iii) continues for a sex offender or child kidnapper who 03 has not supplied proof acceptable to the department of the offender's or 04 kidnapper's unconditional discharge for the sex offense or child 05 kidnapping requiring registration; 06 (2) for a sex offender or child kidnapper, as that term is defined in 07 AS 12.63.100(6)(B), the duty continues for the period determined by the department 08 under (b) of this section. 09 * Sec. 27. AS 12.63.100(7) is amended to read: 10 (7) "sex offense" means 11 (A) a crime under AS 11.41.100(a)(3), or a similar law of 12 another jurisdiction, in which the person committed or attempted to commit a 13 sexual offense, or a similar offense under the laws of the other jurisdiction; in 14 this subparagraph, "sexual offense" has the meaning given in 15 AS 11.41.100(a)(3); 16 (B) a crime under AS 11.41.110(a)(3), or a similar law of 17 another jurisdiction, in which the person committed or attempted to commit 18 one of the following crimes, or a similar law of another jurisdiction: 19 (i) sexual assault in the first degree; 20 (ii) sexual assault in the second degree; 21 (iii) sexual abuse of a minor in the first degree; or 22 (iv) sexual abuse of a minor in the second degree; 23 (C) a crime, or an attempt, solicitation, or conspiracy to commit 24 a crime, under the following statutes or a similar law of another jurisdiction: 25 (i) AS 11.41.410 - 11.41.438; 26 (ii) AS 11.41.440(a)(2); 27 (iii) AS 11.41.450 - 11.41.458; 28 (iv) AS 11.41.460 or AS 26.05.900(c) if the indecent 29 exposure is before a person under 18 [16] years of age and the offender 30 has previously been convicted under AS 11.41.460 or AS 26.05.900(c); 31 (v) AS 11.61.125 - 11.61.128;

01 (vi) AS 11.66.110, 11.66.130(a)(2)(B), or 02 AS 26.05.900(b) if the person who was induced or caused to engage in 03 prostitution was under 20 years of age at the time of the offense; 04 (vii) former AS 11.15.120, former 11.15.134, or assault 05 with the intent to commit rape under former AS 11.15.160, former 06 AS 11.40.110, or former 11.40.200; 07 (viii) AS 11.61.118(a)(2) if the offender has a previous 08 conviction for that offense; 09 (ix) AS 11.66.100(a)(2) if the offender is subject to 10 punishment under AS 11.66.100(e); 11 (x) AS 26.05.890 if the person engaged in sexual 12 penetration or sexual contact with the victim; 13 (xi) AS 26.05.890 if, at the time of the offense, the 14 victim is under a duty to obey the lawful orders of the offender, 15 regardless of whether the offender is in the direct chain of command 16 over the victim; 17 (xii) AS 26.05.893 if the person engaged in sexual 18 penetration or sexual contact with the victim; 19 (xiii) AS 26.05.900(a)(1) - (4) if the victim is under 18 20 years of age at the time of the offense; 21 (xiv) AS 26.05.900 if, at the time of the offense, the 22 victim is under a duty to obey the lawful orders of the offender, 23 regardless of whether the offender is in the direct chain of command 24 over the victim; or 25 (xv) AS 11.61.123 if the offender is subject to 26 punishment under AS 11.61.123(f)(1) or (2); 27 (D) an offense, or an attempt, solicitation, or conspiracy to 28 commit an offense, under AS 26.05.935(b), or a similar law of another 29 jurisdiction, if the member of the militia commits one of the following 30 enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform 31 Code of Military Justice):

01 (i) child pornography; or 02 (ii) pandering and prostitution if the person who is 03 induced, enticed, caused, or procured to engage in a sexual act is under 04 20 years of age at the time of the offense; or 05 (E) an offense in which the person is required to register as a 06 sex offender under the laws of another jurisdiction; 07 * Sec. 28. AS 11.41.436(a)(6), 11.41.440(a)(2); and AS 12.63.100(7)(C)(ii) are repealed. 08 * Sec. 29. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 APPLICABILITY. The following apply to offenses committed on or after the 11 effective date of this Act: 12 (1) AS 09.55.650(a), as amended by sec. 1 of this Act; 13 (2) AS 11.41.100(a), as amended by sec. 2 of this Act; 14 (3) AS 11.41.110(a), as amended by sec. 3 of this Act; 15 (4) AS 11.41.220(a), as amended by sec. 4 of this Act; 16 (5) AS 11.41.220(b), as amended by sec. 5 of this Act; 17 (6) AS 11.41.260(a), as amended by sec. 6 of this Act; 18 (7) AS 11.41.434(a), as amended by sec. 7 of this Act; 19 (8) AS 11.41.436(a), as amended by sec. 8 of this Act; 20 (9) AS 11.41.438(a), as amended by sec. 9 of this Act; 21 (10) AS 11.41.452(a), as amended by sec. 10 of this Act; 22 (11) AS 11.41.452(b), as amended by sec. 11 of this Act; 23 (12) AS 11.41.458(b), as amended by sec. 12 of this Act; 24 (13) AS 11.41.460(b), as amended by sec. 13 of this Act; 25 (14) AS 11.51.100(a), as amended by sec. 14 of this Act; 26 (15) AS 11.61.116(a), as amended by sec. 15 of this Act; 27 (16) AS 11.61.124(a), as amended by sec. 16 of this Act; 28 (17) AS 11.61.124(b), as amended by sec. 17 of this Act; 29 (18) AS 11.61.128(a), as amended by sec. 18 of this Act; 30 (19) AS 11.61.128(b), as amended by sec. 19 of this Act; 31 (20) AS 11.61.128(c), as amended by sec. 20 of this Act;

01 (21) AS 12.45.046(a), as amended by sec. 21 of this Act; 02 (22) AS 12.55.125(b), as amended by sec. 22 of this Act; 03 (23) AS 12.55.125(d), as amended by sec. 23 of this Act; 04 (24) AS 12.55.145(a), as amended by sec. 24 of this Act; 05 (25) AS 12.55.155(c), as amended by sec. 25 of this Act; 06 (26) AS 12.63.020(a), as amended by sec. 26 of this Act; and 07 (27) AS 12.63.100(7) as amended by sec. 27 of this Act.