00 HOUSE BILL NO. 354                                                                                                    
01 "An Act relating to criminal sexual inducement of a minor, to distribution of                                           
02 pornography to minors, and to sex offenses."                                                                            
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
04    * Section 1.  AS 11.41 is amended by adding a new section to read:                                                 
05  Sec. 11.41.452. Criminal sexual inducement of a minor.  (a)  A person                                             
06 commits the crime of criminal sexual solicitation of a minor if, being 16 years of age                                  
07 or older, the offender engages in a course of conduct with a person who the offender                                    
08 believes is under 18 years of age and at least three years younger than the offender                                    
09 with the intent to induce the person to engage in sexual penetration or sexual contact                                  
10 or conduct described in AS 11.41.455(a)(1) - (7) with the offender or another person.                                   
11  (b)  In a prosecution under this section, it is not a defense that the victim was                                     
12 not actually under 18 years of age or at least three years younger than the offender.                                   
13  (c)  Criminal sexual inducement of a minor is a class C felony.                                                       
14    * Sec. 2.  AS 11.61 is amended by adding a new section to read:                                                    
01  Sec. 11.61.128.  Distribution of pornography to minors.  (a)  A person                                              
02 commits the crime of distribution of pornography to minors if the person                                                
03   (1)  distributes any material that visually or aurally depicts pornography                                           
04 to a person the offender believes to be a person under the age of 18 and at least three                                 
05 years younger than the offender; or                                                                                     
06   (2)  engages in communication with a person who the offender believes                                                
07 to be under the age of 18 and at least three years younger than the offender and the                                    
08 communication describes or discusses conduct that is pornographic.                                                      
09  (b)  This section does not apply to                                                                                   
10   (1)  distribution or communication undertaken for a legitimate                                                       
11 therapeutic or educational purpose by a medical, mental health, or educational                                          
12 professional licensed by the state;                                                                                     
13   (2)  distribution that occurs as part of an exhibition or performance of                                             
14 a motion picture if the distribution is performed within the scope of employment by                                     
15 a motion picture operator or projectionist employed by the owner or manager of a                                        
16 theater or other place for the showing of motion pictures, unless the motion picture                                    
17 operator or projectionist                                                                                               
18   (A)  has a financial interest in the theater or place in which                                                      
19 employed; or                                                                                                            
20   (B)  causes the performance or motion picture to be performed                                                       
21 or exhibited without the consent of the manager or owner of the theater or                                              
22 other exhibition venue.                                                                                                 
23  (c)  In a prosecution under this section, it is not a defense that the victim was                                     
24 not actually under 18 years of age or at least three years younger than the offender.                                   
25  (d)  In this section, "pornography" means the following actual or simulated                                           
26 conduct:                                                                                                                
27   (1)  sexual penetration;                                                                                             
28   (2)  the lewd touching of another person's genitals, anus, or breast;                                                
29   (3)  masturbation;                                                                                                   
30   (4)  bestiality;                                                                                                     
31   (5)  the lewd exhibition of a person's genitals, anus, or breast; or                                                 
01   (6)  sexual masochism or sadism.                                                                                     
02  (e)  Distribution of pornography to minors is a class B felony.                                                       
03    * Sec. 3.  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 one                                          
12 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 if the indecent exposure is before a                                                            
23 person under 16 years of age and the offender has a previous conviction                                                 
24 for that offense;                                                                                                       
25   (v)  AS 11.61.125 ,  [OR] 11.61.127 , or 11.61.128 ;                                                           
26   (vi)  AS 11.66.110 or 11.66.130(a)(2) if the person who                                                            
27 was induced or caused to engage in prostitution was 16 or 17 years of                                                   
28 age at the time of the offense; or                                                                                      
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;