Legislature(2023 - 2024)GRUENBERG 120
04/03/2024 01:00 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB358 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 358 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
April 3, 2024
1:10 p.m.
MEMBERS PRESENT
Representative Sarah Vance, Chair
Representative Jamie Allard, Vice Chair
Representative Ben Carpenter
Representative Jesse Sumner
Representative Andrew Gray
Representative Cliff Groh
MEMBERS ABSENT
Representative Craig Johnson
COMMITTEE CALENDAR
HOUSE BILL NO. 358
"An Act relating to use of artificial intelligence to create or
alter a representation of the voice or likeness of an
individual."
- MOVED CSHB 358(JUD) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 358
SHORT TITLE: PROHIBIT AI-ALTERED REPRESENTATIONS
SPONSOR(s): REPRESENTATIVE(s) CRONK
02/20/24 (H) READ THE FIRST TIME - REFERRALS
02/20/24 (H) JUD
03/13/24 (H) JUD AT 1:00 PM GRUENBERG 120
03/13/24 (H) Heard & Held
03/13/24 (H) MINUTE(JUD)
03/15/24 (H) JUD AT 1:00 PM GRUENBERG 120
03/15/24 (H) Heard & Held
03/15/24 (H) MINUTE(JUD)
03/20/24 (H) JUD AT 1:00 PM GRUENBERG 120
03/20/24 (H) <Bill Hearing Canceled>
03/22/24 (H) JUD AT 1:00 PM GRUENBERG 120
03/22/24 (H) Heard & Held
03/22/24 (H) MINUTE(JUD)
03/25/24 (H) JUD AT 1:00 PM GRUENBERG 120
03/25/24 (H) Heard & Held
03/25/24 (H) MINUTE(JUD)
03/27/24 (H) JUD AT 1:00 PM GRUENBERG 120
03/27/24 (H) Heard & Held
03/27/24 (H) MINUTE(JUD)
04/01/24 (H) JUD AT 1:00 PM GRUENBERG 120
04/01/24 (H) Heard & Held
04/01/24 (H) MINUTE(JUD)
04/03/24 (H) JUD AT 1:00 PM GRUENBERG 120
WITNESS REGISTER
BOB BALLINGER, Staff
Representative Sarah Vance
Alaska state Legislature
Juneau, Alaska
POSITION STATEMENT: Explained amendments to the proposed CS for
HB 358, Version U, on behalf of Representative Vance.
KACI SCHROEDER, Assistant Attorney General
Legal Services Section
Criminal Division
Department of Law
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on
the proposed CS for HB 358, Version U.
DAVE STANCLIFF, Staff
Representative Mike Cronk
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Gave final comment on Amendment 12 to the
proposed CS for HB 358, Version U, on behalf of Representative
Cronk, prime sponsor.
ACTION NARRATIVE
1:10:50 PM
CHAIR VANCE called the House Judiciary Standing Committee
meeting to order at 1:10 p.m. Representatives Carpenter,
Sumner, Gray, Groh, Allard, and Vance were present at the call
to order.
HB 358-PROHIBIT AI-ALTERED REPRESENTATIONS
1:11:23 PM
CHAIR VANCE announced that the only order of business would be
HOUSE BILL NO. 358, "An Act relating to use of artificial
intelligence to create or alter a representation of the voice or
likeness of an individual." [Before the committee, adopted as
the working document on 3/22/24 and amended on 3/27/24 and
4/1/24, was the proposed committee substitute (CS) for HB 358,
Version 33-LS1272\U, Walsh, 3/21/24 ("Version U").]
[Because of their length, some amendments discussed or adopted
during the meeting are found at the end of the minutes for HB
358. Shorter amendments are included in the main text.]
1:12:17 PM
REPRESENTATIVE ALLARD moved to rescind the committee's action on
3/27/24 in adopting Amendment 2 to Version U, labeled 33-
LS1272\U.4, Walsh, 3/26/24, which read:
Page 1, line 13, through page 2, line 6:
Delete all material and insert:
"(1) production of the material involved
the use of a child under 18 years of age who engaged
in the conduct; or
(2) the material depicts [A DEPICTION OF] a
part of an actual child under 18 years of age, or is a
representation that is indistinguishable from an
identifiable child under 18 years of age, who, by
manipulation, creation, or modification, including by
use of artificial intelligence, appears to be engaged
in the conduct."
Page 2, line 13, following "AS 11.46.990":
Insert ";
(3) "identifiable child" means an
individual who is recognizable as an actual child by
the child's face, likeness, or other distinguishing
characteristics, regardless of whether the individual
depicted is no longer under 18 years of age"
CHAIR VANCE announced that there being no objection, Amendment 2
was rescinded.
1:12:53 PM
The committee took a brief at-ease.
1:13:33 PM
REPRESENTATIVE ALLARD moved to adopt [replacement] Amendment 2
to Version U, labeled 33-LS1272\U.18, Walsh, 4/2/24, which read:
Page 1, line 13, through page 2, line 6:
Delete all material and insert:
"(1) production of the material involved
the use of a child under 18 years of age who engaged
in the conduct; or
(2) material depicts [A DEPICTION OF] a
part of an actual child under 18 years of age, or is a
representation that is indistinguishable from an
identifiable child under 18 years of age, who, by
manipulation, creation, or modification, appears to be
engaged in the conduct."
Page 2, lines 9 - 12:
Delete all material.
Page 2, line 13:
Delete "(2)"
Insert "(1)"
Following "AS 11.46.990":
Insert ";
(2) "identifiable child" means an
individual who is recognizable as an actual child by
the child's face, likeness, or other distinguishing
characteristics, regardless of whether the individual
depicted is no longer under 18 years of age"
REPRESENTATIVE CARPENTER objected for the purpose of discussion.
1:13:49 PM
BOB BALLINGER, Staff, Representative Sarah Vance, Alaska state
Legislature, on behalf of Representative Vance, explained that
the new Amendment 2 would remove the term "artificial
intelligence" to avoid redundancy, as existing language that
deals with manipulation, creation, and modification should be
sufficient. Furthermore, he said [if the language were left
in], it could be considered an element of the crime itself. In
addition, the proposed amendment would remove the criminal
definition of "artificial intelligence."
1:14:46 PM
REPRESENTATIVE CARPENTER removed his objection. There being no
further objection, Amendment 2 was adopted.
1:14:57 PM
REPRESENTATIVE ALLARD moved to adopt Amendment 11 to Version U,
labeled 33-LS1272\U.17, Walsh, 4/2/24, which read:
Page 2, line 16:
Following "not":
Insert "knowingly"
Delete "made"
Page 2, lines 18 - 19:
Delete "whose speech, conduct, or likeness is
manipulated in a deepfake in violation of"
Insert "who is harmed by an electioneering
communication that violates"
Page 2, line 21:
Delete "deepfake"
Insert "electioneering communication"
Page 2, line 22:
Delete "deepfake; or"
Insert "electioneering communication;"
Page 2, following line 22:
Insert a new paragraph to read:
"(2) a person who disseminates an
electioneering communication knowing that the
electioneering communication includes a deepfake; or"
Renumber the following paragraph accordingly.
Page 2, line 24, following "communication":
Insert "with the intent to influence an election
and knowing that the electioneering communication
includes a deepfake"
Page 2, lines 26 - 27:
Delete "whose speech, conduct, or likeness is
manipulated in a deepfake in violation of"
Insert "who is harmed by an electioneering
communication that violates"
Page 2, line 27:
Delete "deepfake"
Insert "electioneering communication"
Page 3, line 16:
Delete "(b)(2)"
Insert "(b)(3)"
REPRESENTATIVE CARPENTER objected for the purpose of discussion.
1:15:10 PM
MR. BALLINGER explained that Amendment 11 would delete the term
"made" and insert the term "knowingly" in AS 15.80.009 (a) and
delete "whose speech, conduct, or likeness is manipulated in a
deepfake in violation of" and insert "who is harmed by an
electioneering communication that violates" in AS 15.80.009 (b)
to ensure, for example, that if someone were to use President
Biden's likeness to hurt an opponent, it would still be
actionable. It would also insert a new paragraph in subsection
(b) to hold a person liable who disseminates an electioneering
communication knowing that the electioneering communication
includes a deepfake.
1:17:52 PM
REPRESENTATIVE GRAY expressed concern that the word "knowingly"
could be abused, which would take away the power of the bill.
REPRESENTATIVE SUMNER said he agreed with Representative Gray;
however, he believed it would be unfair to remove the term
"knowingly." He gave an example and opined that knowing intent
should be involved in the liability.
REPRESENTATIVE CARPENTER removed his objection.
REPRESENTATIVE GRAY objected.
1:20:12 PM
A roll call vote was taken. Representatives Groh, Allard,
Carpenter, Sumner, and Vance voted in favor of Amendment 11.
Representative Gray voted against it. Therefore, Amendment 11
was adopted by a vote of 5-1.
1:20:56 PM
REPRESENTATIVE ALLARD moved to adopt Amendment 12 to Version U,
labeled 33-LS1272\U.19, Walsh, 4/3/24. [Amendment 12 is
provided at the end of the minutes on HB 358.]
REPRESENTATIVE CARPENTER objected for the purpose of discussion.
1:21:09 PM
MR. BALLINGER explained that Amendment 12 would incorporate the
Miller Test within existing child pornography statutes to create
a new crime: the distribution of generating obscene child sexual
abuse material. He provided a sectional analysis of the
proposed amendment, noting that an exception was included to
protect movies that include the nudity of a minor. Possession
of over 100 copies of this material would fall under the intent
to distribute, resulting in a class B felony or a class A felony
for repeated offenses. He explained that obscene child sexual
abuse material that meets the Miller Test would no longer be
considered First Amendment protected speech, and therefore,
could be criminalized under current jurisprudence and still be
constitutional. At the request of TechNet, Amendment 12 would
also allow employees of technology companies acting in the scope
of their employment to possess these materials for the purpose
of searching for and deleting them without being held liable.
He noted that the possession of generated [child] sexual abuse
material would be a class C felony.
1:31:31 PM
REPRESENTATIVE GRAY directed attention to page 1, line 22 of
Amendment 12 and asked why the number 100 was chosen.
MR. BALLINGER explained that the language mirrored existing
distribution laws. He pointed out that if an individual had 99
[copies of the material], he/she would still be guilty of
possession.
REPRESENTATIVE GRAY directed attention to page 1, line 12, and
asked why section (b) was needed. He reasoned that if a movie
is being shown in a movie theater, it could be assumed that it
has artistic value and is not obscene.
MR. BALLINGER reiterated that the amendment mirrored
distribution of child pornography statutes.
REPRESENTATIVE GRAY referenced Sally Mann who photographed her
child nude and published the content in books. He opined that
if movie theater employees were protected, bookstore employees
should be too.
MR. BALLINGER pointed out that language in question only
pertained to artificial intelligence (AI) generated material,
not photographs of an actual child. He shared his belief that
[Sally Mann's] photographs would be protected under the Miller
Test.
1:36:30 PM
REPRESENTATIVE SUMNER clarified that (b)(1) and (b)(2) [on page
1 of Amendment 12] provide exemptions to theatre owners.
CHAIR VANCE asked Ms. Schroeder to walk the committee through
this section.
1:37:22 PM
KACI SCHROEDER, Assistant Attorney General, Criminal Division,
Department of Law (DOL), explained that section (b) on page 1 of
Amendment 12 is a mirror image of language in the distribution
of child pornography statute. The language was inserted prior
to 1990. She added that in the context of obscenity and the
Miller Test, the utility is "zero," adding that there would be
no harm in removing the language.
1:38:15 PM
REPRESENTATIVE ALLARD expressed concern about giving businesses
the free will of not knowing. She opined that if libraries can
be prosecuted for disseminating child sexual abuse material
without checking the identification of minors, the same standard
should be held for business owners.
MS. SCHROEDER reiterated that she could not defend this language
and said there is no utility for it, especially in this context.
1:40:10 PM
REPRESENTATIVE GROH directed attention to AS 11.61.122(a) and
questioned the use of the word lewd.
MS. SCHROEDER referenced the federal obscenity statute, which
had been litigated extensively. She explained that case law
indicates that nudity alone is not enough [to be considered lewd
exhibition].
1:43:01 PM
REPRESENTATIVE ALLARD moved to adopt Conceptual Amendment 1 to
Amendment 12 to delete all material on page 1, lines 12-21.
REPRESENTATIVE CARPENTER objected for the purpose of discussion.
1:43:47 PM
CHAIR VANCE asked whether any other language in the proposed
amendment would need to be changed to match the intent of
Conceptual Amendment 1 to Amendment 12.
MR. BALLINGER answered no.
REPRESENTATIVE ALLARD opined that the legislature should not be
lighter on these laws.
REPRESENTATIVE GRAY opined that the language in question was
antiquated and no longer a necessary protection,
REPRESENTATIVE CARPENTER removed his objection. There being no
further objection, Conceptual Amendment 1 to Amendment 12 was
adopted.
1:46:24 PM
REPRESENTATIVE CARPENTER directed attention to page 2, line 20,
and asked how the law would be enforced if there is no actual
human being involved.
MS. SCHROEDER stated that it would be an image that looks like a
child under the age of 18 engaging in sexual conduct described
in AS 11.41.455. She added that it would not be necessary for
an actual child to be involved to be covered by this language.
1:47:28 PM
REPRESENTATIVE CARPENTER asked whether it is possible to
distinguish between a 17- and 18-year-old.
MS. SCHROEDER explained that DOL tends not to charge cases that
are "close to the line," as it needs to be proven to a jury
beyond a reasonable doubt.
MR. BALLINGER pointed out that other evidence may demonstrate
age, such as a specific request for images of 16-year-old, for
example.
REPRESENTATIVE GRAY said there's no question that depictions of
very young children are under the age of 18, which is the goal
of the proposed amendment. He acknowledged that it may be
difficult to enforce the law for 16-year-olds, but enforcement
for 6-year-olds could be accomplished.
CHAIR VANCE reiterated that the area of law pertaining to
generated obscene child sexual abuse material is new. She said
she wanted to ensure that the bill would be standing on proven
case law to create a solid foundation moving forward.
1:53:08 PM
REPRESENTATIVE CARPENTER referred to paragraph (3) on page 2 and
asked whether an argument could be made that a generated image
is artistic and therefore, has merit.
MR. BALLINGER said there is relevant case law on that.
Ultimately, he shared his understanding that the reasonable
person standard would be used. He added that [paragraph 3] was
included because it's part of the Miller Test.
REPRESENTATIVE CARPENTER asked whether removing that language
would defeat the Miller Test.
MR. BALLINGER said it would make the Miller Test incomplete.
1:56:25 PM
REPRESENTATIVE CARPENTER sought to confirm that paragraph (2)
was conveying that if something has artistic value it's okay.
REPRESENTATIVE ALLARD asked whether it's necessary to include
the Miller Test and was unsure whether she the liked the use of
the word "artistic."
MR. BALLINGER reiterated that the reasonable person standard had
been adjudicated. He added that there's a low likelihood that a
judge or a jury would consider this content to hold serious
artistic value.
1:58:37 PM
REPRESENTATIVE GRAY said the committee seemed to be suggesting
that the art of the Renaissance era is obscene. He suggested
that Mr. Ballinger read the Miller Test into the record.
MR. BALLINGER deferred to Ms. Schroeder.
1:59:57 PM
MS. SCHROEDER directed attention to AS 11.41.455, which read as
follows:
Sec. 11.41.455. Unlawful exploitation of a minor.
(a) A person commits the crime of unlawful
exploitation of a minor if, in the state and with the
intent of producing a live performance, film, audio,
video, electronic, or electromagnetic recording,
photograph, negative, slide, book, newspaper,
magazine, or other material that visually or aurally
depicts the conduct listed in (1) - (7) of this
subsection, the person knowingly induces or employs a
child under 18 years of age to engage in, or
photographs, films, records, or televises a child
under 18 years of age engaged in, the following actual
or simulated conduct:
(1) sexual penetration;
(2) the lewd touching of another person's
genitals, anus, or breast;
(3) the lewd touching by another person of the
child's genitals, anus, or breast;
(4) masturbation;
(5) bestiality;
(6) the lewd exhibition of the child's genitals;
or
(7) sexual masochism or sadism.
MS. SCHROEDER reiterated that nudity alone is not enough.
CHAIR VANCE clarified that Amendment 12 addresses those acts
that are generated and would establish new law based on proven
case law.
2:02:11 PM
DAVE STANCLIFF, Staff, Representative Mike Cronk, Alaska State
Legislature, on behalf of Representative Cronk, prime sponsor of
HB 358, opined that Amendment 12, as amended, would make it
easier for people to see the need "for the green button."
2:03:15 PM
REPRESENTATIVE CARPENTER removed his objection. There being no
further objection, Amendment 12, as amended, was adopted.
CHAIR VANCE sought final comment on Version U, as amended.
2:04:47 PM
REPRESENTATIVE GRAY pointed out that the bill started out with
the intention to prevent deepfakes in elections, which is very
important to everyone in the room. He expressed his hope that
it would make a difference in [the November elections].
2:05:19 PM
REPRESENTATIVE ALLARD moved to report CSHB 358, Version 33-
LS1272\U, Walsh, 3/21/24, as amended, out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, CSHB 358(JUD) was reported out of the
House Judiciary Standing Committee.
2:05:59 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 2:05 p.m.
AMENDMENTS
The following amendment to CSHB 358, Version U, was moved for
adoption during the hearing. [Shorter amendments are provided
in the main text only.]
Amendment 12 [33-LS1272\U.19, Walsh, 4/3/24]:
Page 1, line 1, following "deepfakes;":
Insert "relating to generated obscene child
sexual abuse material;"
Page 1, following line 7:
Insert a new bill section to read:
"* Sec. 2. AS 11.61 is amended by adding new
sections to read:
Sec. 11.61.121. Distribution of generated obscene
child sexual abuse material. (a) A person commits the
crime of distribution of generated obscene child
sexual abuse material if the person distributes in
this state or advertises, promotes, solicits, or
offers to distribute in this state any material that
is proscribed under AS 11.61.122.
(b) This section does not apply to acts that are
an integral part of the exhibition or performance of a
motion picture if the acts are performed within the
scope of employment by a motion picture operator or
projectionist employed by the owner or manager of a
theater or other place for the showing of motion
pictures, unless the motion picture operator or
projectionist
(1) has a financial interest in the theater
or place in which employed; or
(2) causes the performance or motion
picture to be performed or exhibited without the
consent of the manager or owner of the theater or
other place of showing.
(c) The possession of 100 or more films, audio,
video, electronic, or electromagnetic recordings,
photographs, negatives, slides, books, newspapers,
magazines, or other materials, including a combination
of these items totaling 100 or more, is prima facie
evidence of distribution and intent to distribute
under (a) of this section.
(d) In this section, "distribution" includes the
following, whether or not for monetary or other
consideration: delivering, selling, renting, leasing,
lending, giving, circulating, exhibiting, presenting,
providing, exchanging, placing on a computer network
or computer system, and providing billing collection,
or other ancillary services for or otherwise
supporting these activities.
(e) Distribution of generated obscene child
sexual abuse material is a
(1) class B felony; or
(2) class A felony if the person has been
previously convicted of distribution of generated
obscene child sexual abuse material in this
jurisdiction or a similar crime in this or another
jurisdiction.
Sec. 11.61.122. Possession of generated obscene
child sexual abuse material. (a) A person commits the
crime of possession of generated obscene child sexual
abuse material if the person knowingly possesses or
knowingly accesses on a computer with intent to view
any material that
(1) the average person, applying
contemporary community standards, would find, when
considered as a whole, appeals to the prurient
interest;
(2) depicts, in a patently offensive way, a
child under 18 years of age who, by manipulation,
creation, or modification, appears to be engaged in
conduct described in AS 11.41.455(a); and
(3) when considered as a whole, lacks
serious literary, artistic, political, or scientific
value.
(b) This section does not apply to an employee
of an interactive computer service, Internet service
provider, cloud service provider, or
telecommunications network who, while acting in the
scope of employment, possesses or accesses the
material described in (a) of this section solely to
prevent, detect, report, or otherwise respond to the
production, generation, manipulation, or modification
of the material. In this subsection, "interactive
computer service" has the meaning given in
AS 15.80.009.
(c) In this section, "computer" has the meaning
given in AS 11.46.990.
(d) Possession of generated obscene child sexual
abuse material is a class C felony."
Renumber the following bill sections accordingly.
Page 2, following line 13:
Insert new bill sections to read:
"* Sec. 5. AS 11.61.129(a) is amended to read:
(a) Property used to aid a violation of
AS 11.61.121 - 11.61.128 [AS 11.61.123 - 11.61.128] or
to aid the solicitation of, attempt to commit, or
conspiracy to commit a violation of AS 11.61.121 -
11.61.128 [AS 11.61.123 - 11.61.128] may be forfeited
to the state upon the conviction of the offender.
* Sec. 6. AS 12.55.125(i) is amended to read:
(i) A defendant convicted of
(1) sexual assault in the first degree
under AS 11.41.410(a)(1)(A), (2), (3), or (4), sexual
abuse of a minor in the first degree, unlawful
exploitation of a minor under AS 11.41.455(c)(2), or
sex trafficking in the first degree under
AS 11.66.110(a)(2) may be sentenced to a definite term
of imprisonment of not more than 99 years and shall be
sentenced to a definite term within the following
presumptive ranges, subject to adjustment as provided
in AS 12.55.155 - 12.55.175:
(A) if the offense is a first felony
conviction, the offense does not involve circumstances
described in (B) of this paragraph, and the victim was
(i) less than 13 years of age, 25 to 35
years;
(ii) 13 years of age or older, 20 to 30
years;
(B) if the offense is a first felony
conviction and the defendant possessed a firearm, used
a dangerous instrument, or caused serious physical
injury during the commission of the offense, 25 to 35
years;
(C) if the offense is a second felony
conviction and does not involve circumstances
described in (D) of this paragraph, 30 to 40 years;
(D) if the offense is a second felony
conviction and the defendant has a prior conviction
for a sexual felony, 35 to 45 years;
(E) if the offense is a third felony
conviction and the defendant is not subject to
sentencing under (F) of this paragraph or (l) of this
section, 40 to 60 years;
(F) if the offense is a third felony
conviction, the defendant is not subject to sentencing
under (l) of this section, and the defendant has two
prior convictions for sexual felonies, 99 years;
(2) sexual assault in the first degree
under AS 11.41.410(a)(1)(B), unlawful exploitation of
a minor under AS 11.41.455(c)(1), enticement of a
minor under AS 11.41.452(e), or attempt, conspiracy,
or solicitation to commit sexual assault in the first
degree under AS 11.41.410(a)(1)(A), (2), (3), or (4),
sexual abuse of a minor in the first degree, or sex
trafficking in the first degree under
AS 11.66.110(a)(2) may be sentenced to a definite term
of imprisonment of not more than 99 years and shall be
sentenced to a definite term within the following
presumptive ranges, subject to adjustment as provided
in AS 12.55.155 - 12.55.175:
(A) if the offense is a first felony
conviction, the offense does not involve circumstances
described in (B) of this paragraph, and the victim was
(i) under 13 years of age, 20 to 30 years;
(ii) 13 years of age or older, 15 to 30
years;
(B) if the offense is a first felony
conviction and the defendant possessed a firearm, used
a dangerous instrument, or caused serious physical
injury during the commission of the offense, 25 to 35
years;
(C) if the offense is a second felony
conviction and does not involve circumstances
described in (D) of this paragraph, 25 to 35 years;
(D) if the offense is a second felony
conviction and the defendant has a prior conviction
for a sexual felony, 30 to 40 years;
(E) if the offense is a third felony
conviction, the offense does not involve circumstances
described in (F) of this paragraph, and the defendant
is not subject to sentencing under (l) of this
section, 35 to 50 years;
(F) if the offense is a third felony
conviction, the defendant is not subject to sentencing
under (l) of this section, and the defendant has two
prior convictions for sexual felonies, 99 years;
(3) sexual assault in the second degree,
sexual abuse of a minor in the second degree,
enticement of a minor under AS 11.41.452(d), indecent
exposure in the first degree under AS 11.41.458(b)(2),
distribution of generated obscene child sexual abuse
material under AS 11.61.121(e)(2), distribution of
child pornography under AS 11.61.125(e)(2), or
attempt, conspiracy, or solicitation to commit sexual
assault in the first degree under
AS 11.41.410(a)(1)(B) may be sentenced to a definite
term of imprisonment of not more than 99 years and
shall be sentenced to a definite term within the
following presumptive ranges, subject to adjustment as
provided in AS 12.55.155 - 12.55.175:
(A) if the offense is a first felony
conviction, five to 15 years;
(B) if the offense is a second felony
conviction and does not involve circumstances
described in (C) of this paragraph, 10 to 25 years;
(C) if the offense is a second felony
conviction and the defendant has a prior conviction
for a sexual felony, 15 to 30 years;
(D) if the offense is a third felony
conviction and does not involve circumstances
described in (E) of this paragraph, 20 to 35 years;
(E) if the offense is a third felony
conviction and the defendant has two prior convictions
for sexual felonies, 99 years;
(4) sexual assault in the third degree,
sexual abuse of a minor in the third degree under
AS 11.41.438(c), incest, indecent exposure in the
first degree under AS 11.41.458(b)(1), possession of
generated obscene child sexual abuse material,
distribution of generated obscene child sexual abuse
material under AS 11.61.121(e)(1), indecent viewing or
production of a picture under AS 11.61.123(f)(1) or
(2), possession of child pornography, distribution of
child pornography under AS 11.61.125(e)(1), or
attempt, conspiracy, or solicitation to commit sexual
assault in the second degree, sexual abuse of a minor
in the second degree, unlawful exploitation of a
minor, distribution of generated obscene child sexual
abuse material, or distribution of child pornography,
may be sentenced to a definite term of imprisonment of
not more than 99 years and shall be sentenced to a
definite term within the following presumptive ranges,
subject to adjustment as provided in AS 12.55.155 -
12.55.175:
(A) if the offense is a first felony
conviction and does not involve the circumstances
described in (B) or (C) of this paragraph, two to 12
years;
(B) if the offense is a first felony
conviction under AS 11.61.121(e)(1) or 11.61.125(e)(1)
[AS 11.61.125(e)(1)] and does not involve
circumstances described in (C) of this paragraph, four
to 12 years;
(C) if the offense is a first felony
conviction under AS 11.61.121(e)(1) or 11.61.125(e)(1)
[AS 11.61.125(e)(1),] and the defendant hosted,
created, or helped host or create a mechanism for
multi-party sharing or distribution of generated
obscene child sexual abuse material or child
pornography, or received a financial benefit or had a
financial interest in a generated obscene child sexual
abuse material or child pornography sharing or
distribution mechanism, six to 14 years;
(D) if the offense is a second felony
conviction and does not involve circumstances
described in (E) of this paragraph, eight to 15 years;
(E) if the offense is a second felony
conviction and the defendant has a prior conviction
for a sexual felony, 12 to 20 years;
(F) if the offense is a third felony
conviction and does not involve circumstances
described in (G) of this paragraph, 15 to 25 years;
(G) if the offense is a third felony
conviction and the defendant has two prior convictions
for sexual felonies, 99 years.
* Sec. 7. AS 12.55.185(16) is amended to read:
(16) "sexual felony" means sexual assault
in the first degree, sexual abuse of a minor in the
first degree, sex trafficking in the first degree,
sexual assault in the second degree, sexual abuse of a
minor in the second degree, sexual abuse of a minor in
the third degree under AS 11.41.438(c), unlawful
exploitation of a minor, indecent viewing or
production of a picture under AS 11.61.123(f)(1) or
(2), distribution of child pornography, distribution
of generated obscene child sexual abuse material,
sexual assault in the third degree, incest, indecent
exposure in the first degree, possession of child
pornography, possession of generated obscene child
sexual abuse material, enticement of a minor, and
felony attempt, conspiracy, or solicitation to commit
those crimes;
* Sec. 8. AS 14.20.030(b) is amended to read:
(b) The commissioner or the Professional
Teaching Practices Commission shall revoke for life
the certificate of a person who has been convicted of
a crime, or an attempt, solicitation, or conspiracy to
commit a crime, involving a minor under AS 11.41.410 -
11.41.460, AS 11.61.121, 11.61.122, 11.61.125
[AS 11.61.125], or 11.61.127, or a law or ordinance in
another jurisdiction with elements similar to an
offense described in this subsection."
Renumber the following bill sections accordingly.
Page 4, following line 12:
Insert new bill sections to read:
"* Sec. 10. AS 28.15.046(c) is amended to read:
(c) The department may not issue a license under
this section to an applicant
(1) who has been convicted of any of the
following offenses:
(A) a violation, or an attempt,
solicitation, or conspiracy to commit a violation, of
AS 11.41.100 - 11.41.220, 11.41.260 - 11.41.320,
11.41.360 - 11.41.370, 11.41.410 - 11.41.470, or
11.41.500 - 11.41.530;
(B) a felony violation of endangering the
welfare of a child in the first degree under
AS 11.51.100;
(C) felony indecent viewing or production
of a picture under AS 11.61.123;
(D) distribution of child pornography under
AS 11.61.125;
(E) possession of child pornography under
AS 11.61.127;
(F) distribution of indecent material to
minors under AS 11.61.128;
(G) felony prostitution under
AS 11.66.100(e);
(H) sex trafficking in the first, second,
or third degree under AS 11.66.110 - 11.66.130;
(I) a felony involving distribution of a
controlled substance under AS 11.71 or imitation
controlled substance under AS 11.73;
(J) a felony violation under
AS 28.35.030(n) or 28.35.032(p);
(K) distribution of generated obscene child
sexual abuse material under AS 11.61.121;
(L) possession of generated obscene child
sexual abuse material under AS 11.61.122; or
(2) who has been convicted of any of the
following offenses and less than two years have
elapsed since the applicant's date of conviction for
the offense:
(A) assault in the fourth degree under
AS 11.41.230;
(B) reckless endangerment under
AS 11.41.250;
(C) contributing to the delinquency of a
minor under AS 11.51.130;
(D) misdemeanor prostitution under
AS 11.66.100(a)(2);
(E) a misdemeanor violation of endangering
the welfare of a child in the first degree under
AS 11.51.100.
* Sec. 11. AS 44.23.080(a) is amended to read:
(a) If there is reasonable cause to believe that
an Internet service account has been used in
connection with a violation of AS 11.41.452,
11.41.455, AS 11.61.121, 11.61.122, or 11.61.125 -
11.61.128 [OR AS 11.61.125 - 11.61.128], and that the
identity, address, and other information about the
account owner will assist in obtaining evidence that
is relevant to the offense, a law enforcement officer
may apply to the attorney general or the attorney
general's designee for an administrative subpoena to
obtain the business records of the Internet service
provider located inside or outside of the state."
Renumber the following bill section accordingly.
Page 4, lines 15 - 17:
Delete all material and insert:
"APPLICABILITY. The following sections apply to
offenses committed on or after the effective date of
this Act:
(1) AS 11.61.127(a), as amended by sec. 3
of this Act;
(2) AS 11.61.127(f), as amended by sec. 4
of this Act;
(3) AS 11.61.129(a), as amended by sec. 5
of this Act;
(4) AS 12.55.125(i), as amended by sec. 6
of this Act;
(5) AS 12.55.185(16), as amended by sec. 7
of this Act; and
(6) AS 14.20.030(b), as amended by sec. 8
of this Act."
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 358 - Amendment #2 (U.18) by Rep. Vance.pdf |
HJUD 4/3/2024 1:00:00 PM |
HB 358 |
| HB 358 - Amendment #11 (U.17) by Rep. Vance.pdf |
HJUD 4/3/2024 1:00:00 PM |
HB 358 |
| HB 358 - Amendment #11 (U.17) by Rep. Vance (in-text).pdf |
HJUD 4/3/2024 1:00:00 PM |
HB 358 |
| HB 358 - Amendment #12 (U.19) by Rep. Vance.pdf |
HJUD 4/3/2024 1:00:00 PM |
HB 358 |