00 SENATE CS FOR CS FOR HOUSE BILL NO. 47(CRA) 01 "An Act relating to crime and criminal procedure; relating to sexual abuse of a minor; 02 relating to enticement of a minor; relating to unlawful exploitation of a minor; relating 03 to generated obscene child sexual abuse material; relating to teaching certificates; and 04 relating to licensing of school bus drivers." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06  * Section 1. AS 11.41.436(a) is amended to read: 07 (a) An offender commits the crime of sexual abuse of a minor in the second 08 degree if, 09 (1) being 17 years of age or older, the offender engages in sexual 10 penetration with a person who is 13, 14, or 15 years of age and at least four years 11 younger than the offender, or aids, induces, causes, or encourages a person who is 13, 12 14, or 15 years of age and at least four years younger than the offender to engage in 13 sexual penetration with another person; 14 (2) being 16 years of age or older, the offender engages in sexual 01 contact with a person who is under 13 years of age or aids, induces, causes, or 02 encourages a person under 13 years of age to engage in sexual contact with another 03 person; 04 (3) being 18 years of age or older, the offender engages in sexual 05 contact with a person who is under 18 years of age, and the offender is the victim's 06 natural parent, stepparent, adopted parent, or legal guardian; 07 (4) being 16 years of age or older, the offender aids, induces, causes, 08 or encourages a person who is under 16 years of age to engage in conduct described in 09 AS 11.41.455(a)(2) - (6) or (8); 10 (5) being 18 years of age or older, the offender engages in sexual 11 contact with a person who is under 16 years of age, and 12 (A) the victim at the time of the offense is residing in the same 13 household as the offender and the offender has authority over the victim; or 14 (B) the offender occupies a position of authority in relation to 15 the victim; 16 (6) being 18 years of age or older, the offender engages in sexual 17 penetration with a person who is 16 or 17 years of age and at least three years younger 18 than the offender, and the offender occupies a position of authority in relation to the 19 victim; or 20 (7) being under 16 years of age, the offender engages in sexual 21 penetration with a person who is under 13 years of age and at least three years younger 22 than the offender. 23  * Sec. 2. AS 11.41.452(a) is amended to read: 24 (a) A person commits the crime of enticement of a minor if the person, being 25 18 years of age or older, knowingly communicates with another person to entice, 26 solicit, or encourage the person to engage in an act described in AS 11.41.455(a)(1) -  27 (8) [AS 11.41.455(a)(1) - (7)] and 28 (1) the other person is a child under 16 years of age; or 29 (2) the person believes that the other person is a child under 16 years 30 of age. 31  * Sec. 3. AS 11.41.452(c) is amended to read: 01 (c) In a prosecution under this section, it is not necessary for the prosecution 02 to show that the act described in AS 11.41.455(a)(1) - (8) [AS 11.41.455(a)(1) - (7)] 03 was actually committed. 04  * Sec. 4. AS 11.41.455(a) is amended to read: 05 (a) A person commits the crime of unlawful exploitation of a minor if, in the 06 state and with the intent of producing a live performance, film, audio, video, 07 electronic, or electromagnetic recording, photograph, negative, slide, book, 08 newspaper, magazine, or other material that visually or aurally depicts the conduct 09 listed in (1) - (8) [(1) - (7)] of this subsection, the person knowingly induces or 10 employs a child under 18 years of age to engage in, or photographs, films, records, or 11 televises a child under 18 years of age engaged in, the following actual or simulated 12 conduct: 13 (1) sexual penetration; 14 (2) the lewd touching of another person's genitals, anus, or breast; 15 (3) the lewd touching by another person of the child's genitals, anus, or 16 breast; 17 (4) masturbation; 18 (5) bestiality; 19 (6) the lewd exhibition of the child's genitals; [OR] 20 (7) sexual masochism or sadism; or  21 (8) contact with semen. 22  * Sec. 5. AS 11.61.118(a) is amended to read: 23 (a) A person commits the crime of harassment in the first degree if, under 24 circumstances not proscribed under AS 11.41.410 - 11.41.427, [OR] 11.41.434 - 25 11.41.440, or 11.41.455, the person violates AS 11.61.120(a)(5) and the offensive 26 physical contact is contact 27 (1) with human or animal blood, mucus, saliva, semen, urine, vomitus, 28 or feces; or 29 (2) by the person touching through clothing another person's genitals, 30 buttocks, or female breast. 31  * Sec. 6. AS 11.61.120(a) is amended to read: 01 (a) A person commits the crime of harassment in the second degree if, with 02 intent to harass or annoy another person, that person 03 (1) insults, taunts, or challenges another person in a manner likely to 04 provoke an immediate violent response; 05 (2) telephones another and fails to terminate the connection with intent 06 to impair the ability of that person to place or receive telephone calls; 07 (3) makes repeated telephone calls at extremely inconvenient hours; 08 (4) makes an anonymous or obscene telephone call, an obscene 09 electronic communication, or a telephone call or electronic communication that 10 threatens physical injury or sexual contact; 11 (5) subjects another person to offensive physical contact; 12 (6) except as provided in AS 11.61.116, publishes or distributes 13 electronic or printed photographs, pictures, or films that show the genitals, anus, or 14 female breast of the other person or show that person engaged in a sexual act; 15 (7) repeatedly sends or publishes an electronic communication that 16 insults, taunts, challenges, or intimidates a person under 18 years of age in a manner 17 that places the person in reasonable fear of physical injury; or 18 (8) under circumstances not proscribed under AS 11.41.455, 19 AS 11.61.121, 11.61.125 [AS 11.61.125], or 11.61.128, repeatedly sends to another 20 person, publishes, or distributes electronic or printed photographs, pictures, or films 21 that show the genitals of any person. 22  * Sec. 7. AS 11.61 is amended by adding new sections to read: 23 Sec. 11.61.121. Distribution of generated obscene child sexual abuse  24 material. (a) A person commits the crime of distribution of generated obscene child 25 sexual abuse material if the person knowingly distributes in this state or advertises, 26 promotes, solicits, or offers to distribute in this state any material that is proscribed 27 under AS 11.61.122. 28 (b) The possession of 100 or more films, audio, video, electronic, or 29 electromagnetic recordings, photographs, negatives, slides, books, newspapers, 30 magazines, or other materials, including a combination of these items totaling 100 or 31 more, is prima facie evidence of distribution and intent to distribute under (a) of this 01 section. 02 (c) In this section, "distribution" includes the following, whether or not for 03 monetary or other consideration: delivering, selling, renting, leasing, lending, giving, 04 circulating, exhibiting, presenting, providing, exchanging, placing on a computer 05 network or computer system, and providing billing collection, or other ancillary 06 services for or otherwise supporting these activities. 07 (d) Distribution of generated obscene child sexual abuse material is a 08 (1) class B felony; or 09 (2) class A felony if the person has been previously convicted of 10 distribution of generated obscene child sexual abuse material in this jurisdiction, 11 distribution of child sexual abuse materials under AS 11.61.125, or a similar crime in 12 this or another jurisdiction. 13 Sec. 11.61.122. Possession of generated obscene child sexual abuse  14 material. (a) A person commits the crime of possession of generated obscene child 15 sexual abuse material if the person knowingly possesses or knowingly accesses on a 16 computer with intent to view any material that 17 (1) the average person, applying contemporary community standards, 18 would find, when considered as a whole, appeals to the prurient interest; 19 (2) depicts, in a patently offensive way, a child under 18 years of age 20 who, by manipulation, creation, or modification, appears to be engaged in conduct 21 described in AS 11.41.455(a)(1) - (8), regardless of whether an actual child was used; 22 and 23 (3) when considered as a whole, lacks serious literary, artistic, 24 political, or scientific value. 25 (b) This section does not apply to an employee or contractor of an interactive 26 computer service, Internet service provider, cloud service provider, or 27 telecommunications network who, while acting in the scope of employment, possesses 28 or accesses the material described in (a) of this section solely to prevent, detect, report, 29 or otherwise respond to the production, generation, manipulation, or modification of 30 the material. In this subsection, "interactive computer service" has the meaning given 31 in AS 11.61.127(b). 01 (c) In this section, "computer" has the meaning given in AS 11.46.990. 02 (d) Possession of generated obscene child sexual abuse material is a class C 03 felony.  04  * Sec. 8. AS 11.61.125(e) is amended to read: 05 (e) Distribution of child sexual abuse material is a 06 (1) class B felony; or 07 (2) class A felony if the person has been previously convicted of 08 distribution of child sexual abuse material in this jurisdiction, distribution of  09 generated obscene child sexual abuse material under AS 11.61.121, or a similar 10 crime in this or another jurisdiction. 11  * Sec. 9. AS 11.61.127(a) is amended to read: 12 (a) A person commits the crime of possession of child sexual abuse material if 13 the person knowingly possesses or knowingly accesses on a computer with intent to 14 view any material that visually depicts conduct described in AS 11.41.455(a)(1) - (8) 15 [AS 11.41.455(a)] knowing that the 16 (1) production of the material involved the use of a child under 18 17 years of age who engaged in the conduct; or 18 (2) material depicts [A DEPICTION OF] a part of an actual child 19 under 18 years of age who, by manipulation, creation, or modification, appears to be 20 engaged in the conduct. 21  * Sec. 10. AS 11.61.127(b) is amended to read: 22 (b) This section does not apply to 23 (1) persons providing plethysmograph assessments in the course of a 24 sex offender treatment program that meets the minimum standards under 25 AS 33.30.011(a)(5); or 26 (2) an employee or contractor of an interactive computer service,  27 Internet service provider, cloud service provider, or telecommunications network  28 who, while acting in the scope of employment, possesses or accesses the material  29 described in (a) of this section solely to prevent, detect, report, or otherwise  30 respond to the production, generation, manipulation, or modification of the  31 material; in this paragraph, "interactive computer service" means an  01 information service, system, or access software provider that provides or enables  02 computer access by multiple users to a computer server, including specifically a  03 service or system that provides access to the Internet and those systems operated  04 or services offered by libraries or educational institutions. 05  * Sec. 11. AS 11.61.129(a) is amended to read: 06 (a) Property used to aid a violation of AS 11.61.121 - 11.61.128 07 [AS 11.61.123 - 11.61.128] or to aid the solicitation of, attempt to commit, or 08 conspiracy to commit a violation of AS 11.61.121 - 11.61.128 [AS 11.61.123 - 09 11.61.128] may be forfeited to the state upon the conviction of the offender.  10  * Sec. 12. AS 11.66.100(c) is amended to read: 11 (c) A person may not be prosecuted under (a)(1) of this section if the 12 (1) person witnessed or was a victim of, and reported to law 13 enforcement in good faith, one or more of the following crimes: 14 (A) murder in the first degree under AS 11.41.100; 15 (B) murder in the second degree under AS 11.41.110; 16 (C) manslaughter under AS 11.41.120; 17 (D) criminally negligent homicide under AS 11.41.130; 18 (E) assault in the first degree under AS 11.41.200; 19 (F) assault in the second degree under AS 11.41.210; 20 (G) assault in the third degree under AS 11.41.220; 21 (H) assault in the fourth degree under AS 11.41.230; 22 (I) sexual assault in the first degree under AS 11.41.410; 23 (J) sexual assault in the second degree under AS 11.41.420; 24 (K) sexual assault in the third degree under AS 11.41.425; 25 (L) sexual assault in the fourth degree under AS 11.41.427; 26 (M) sexual abuse of a minor in the first degree under 27 AS 11.41.434; 28 (N) sexual abuse of a minor in the second degree under 29 AS 11.41.436; 30 (O) sexual abuse of a minor in the third degree under 31 AS 11.41.438; 01 (P) sexual abuse of a minor in the fourth degree under 02 AS 11.41.440; 03 (Q) robbery in the first degree under AS 11.41.500; 04 (R) robbery in the second degree under AS 11.41.510; 05 (S) extortion under AS 11.41.520; 06 (T) coercion under AS 11.41.530; 07 (U) distribution of child sexual abuse material under 08 AS 11.61.125; 09 (V) possession of child sexual abuse material under 10 AS 11.61.127; 11 (W) sex trafficking in the first degree under AS 11.66.110; 12 (X) sex trafficking in the second degree under AS 11.66.120; 13 (Y) sex trafficking in the third degree under AS 11.66.130; 14 [OR] 15 (Z) sex trafficking in the fourth degree under AS 11.66.135; 16 (AA) distribution of generated obscene child sexual abuse  17 material under AS 11.61.121; or  18 (BB) possession of generated obscene child sexual abuse  19 material under AS 11.61.122; 20 (2) evidence supporting the prosecution under (a)(1) of this section 21 was obtained or discovered as a result of the person reporting the crime to law 22 enforcement; and 23 (3) person cooperated with law enforcement personnel. 24  * Sec. 13. AS 12.10.010(a) is amended to read: 25 (a) Prosecution for the following offenses may be commenced at any time: 26 (1) murder; 27 (2) attempt, solicitation, or conspiracy to commit murder or hindering 28 the prosecution of murder; 29 (3) felony sexual abuse of a minor; 30 (4) sexual assault that is an unclassified, class A, or class B felony or a 31 violation of AS 11.41.425(a)(2) - (4); 01 (5) a violation of AS 11.41.425, 11.41.427, 11.41.450 - 11.41.458, 02 AS 11.66.110 - 11.66.130, or former AS 11.41.430, when committed against a person 03 who, at the time of the offense, was under 18 years of age; 04 (6) kidnapping; 05 (7) distribution of generated obscene child sexual abuse material in  06 violation of AS 11.61.121 or distribution of child sexual abuse material in violation of 07 AS 11.61.125; 08 (8) sex trafficking in violation of AS 11.66.110 - 11.66.130 that is an 09 unclassified, class A, or class B felony or that is committed against a person who, at 10 the time of the offense, was under 20 years of age; 11 (9) human trafficking in violation of AS 11.41.360 or 11.41.365.  12  * Sec. 14. AS 12.55.078(f) is amended to read: 13 (f) The court may not suspend the imposition or entry of judgment and may 14 not defer prosecution under this section of a person who 15 (1) is charged with a violation of AS 11.41.100 - 11.41.220, 11.41.260 16 - 11.41.320, 11.41.360 - 11.41.370, 11.41.410 - 11.41.530, AS 11.46.400, 17 AS 11.61.121, 11.61.122, 11.61.125 - 11.61.128 [AS 11.61.125 - 11.61.128], or 18 AS 11.66.110 - 11.66.135; 19 (2) uses a firearm in the commission of the offense for which the 20 person is charged; 21 (3) has previously been granted a suspension of judgment under this 22 section or a similar statute in another jurisdiction, unless the court enters written 23 findings that by clear and convincing evidence the person's prospects for rehabilitation 24 are high and suspending judgment under this section adequately protects the victim of 25 the offense, if any, and the community; 26 (4) is charged with a violation of AS 11.41.230, 11.41.250, or a felony 27 and the person has one or more prior convictions for a misdemeanor violation of 28 AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction 29 having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a 30 felony in this state; for the purposes of this paragraph, a person shall be considered to 31 have a prior conviction even if 01 (A) the charges were dismissed under this section; 02 (B) the conviction has been set aside under AS 12.55.085; or 03 (C) the charge or conviction was dismissed or set aside under 04 an equivalent provision of the laws of another jurisdiction; or 05 (5) is charged with a crime involving domestic violence, as defined in 06 AS 18.66.990. 07  * Sec. 15. AS 12.55.085(f) is amended to read: 08 (f) The court may not suspend the imposition of sentence of a person who 09 (1) is convicted of a violation of AS 11.41.100 - 11.41.220, 11.41.260 10 - 11.41.320, 11.41.360 - 11.41.370, 11.41.410 - 11.41.530, AS 11.46.400, 11 AS 11.61.121, 11.61.122, 11.61.125 - 11.61.128 [AS 11.61.125 - 11.61.128], or 12 AS 11.66.110 - 11.66.135; 13 (2) uses a firearm in the commission of the offense for which the 14 person is convicted; or 15 (3) is convicted of a violation of AS 11.41.230 - 11.41.250 or a felony 16 and the person has one or more prior convictions for a misdemeanor violation of 17 AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction 18 having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a 19 felony in this state; for the purposes of this paragraph, a person shall be considered to 20 have a prior conviction even if that conviction has been set aside under (e) of this 21 section or under the equivalent provision of the laws of another jurisdiction. 22  * Sec. 16. AS 12.55.100(e) is amended to read: 23 (e) In addition to other conditions imposed on the defendant, while on 24 probation and as a condition of probation 25 (1) for a sex offense, as described in AS 12.63.100, the defendant 26 (A) shall be required to submit to regular periodic polygraph 27 examinations; 28 (B) may be required to provide each electronic mail address, 29 instant messaging address, and other Internet communication identifier that the 30 defendant uses to the defendant's probation officer; the probation officer shall 31 forward those addresses and identifiers to the Alaska state troopers and to the 01 local law enforcement agency; 02 (2) if the defendant was convicted of a violation of AS 11.41.434 - 03 11.41.455, AS 11.61.121, 11.61.122, 11.61.125 - 11.61.128 [AS 11.61.125 - 04 11.61.128], or a similar offense in another jurisdiction, the defendant may be required 05 to refrain from 06 (A) using or creating an Internet site; 07 (B) communicating with children under 16 years of age; 08 (C) possessing or using a computer; or 09 (D) residing within 500 feet of school grounds; in this 10 subparagraph, "school grounds" has the meaning given in AS 11.71.900. 11  * Sec. 17. AS 12.55.125(i) is amended to read: 12 (i) A defendant convicted of 13 (1) sexual assault in the first degree under AS 11.41.410(a)(1)(A), (2), 14 (3), or (4), sexual abuse of a minor in the first degree, unlawful exploitation of a minor 15 under AS 11.41.455(c)(2), or sex trafficking in the first degree under 16 AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 17 than 99 years and shall be sentenced to a definite term within the following 18 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 19 (A) if the offense is a first felony conviction, the offense does 20 not involve circumstances described in (B) of this paragraph, and the victim 21 was 22 (i) less than 13 years of age, 25 to 35 years; 23 (ii) 13 years of age or older, 20 to 30 years; 24 (B) if the offense is a first felony conviction and the defendant 25 possessed a firearm, used a dangerous instrument, or caused serious physical 26 injury during the commission of the offense, 25 to 35 years; 27 (C) if the offense is a second felony conviction and does not 28 involve circumstances described in (D) of this paragraph, 30 to 40 years; 29 (D) if the offense is a second felony conviction and the 30 defendant has a prior conviction for a sexual felony, 35 to 45 years; 31 (E) if the offense is a third felony conviction and the defendant 01 is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 02 to 60 years; 03 (F) if the offense is a third felony conviction, the defendant is 04 not subject to sentencing under (l) of this section, and the defendant has two 05 prior convictions for sexual felonies, 99 years; 06 (2) sexual assault in the first degree under AS 11.41.410(a)(1)(B), 07 unlawful exploitation of a minor under AS 11.41.455(c)(1), enticement of a minor 08 under AS 11.41.452(e), or attempt, conspiracy, or solicitation to commit sexual assault 09 in the first degree under AS 11.41.410(a)(1)(A), (2), (3), or (4), sexual abuse of a 10 minor in the first degree, or sex trafficking in the first degree under 11 AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 12 than 99 years and shall be sentenced to a definite term within the following 13 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 14 (A) if the offense is a first felony conviction, the offense does 15 not involve circumstances described in (B) of this paragraph, and the victim 16 was 17 (i) under 13 years of age, 20 to 30 years; 18 (ii) 13 years of age or older, 15 to 30 years; 19 (B) if the offense is a first felony conviction and the defendant 20 possessed a firearm, used a dangerous instrument, or caused serious physical 21 injury during the commission of the offense, 25 to 35 years; 22 (C) if the offense is a second felony conviction and does not 23 involve circumstances described in (D) of this paragraph, 25 to 35 years; 24 (D) if the offense is a second felony conviction and the 25 defendant has a prior conviction for a sexual felony, 30 to 40 years; 26 (E) if the offense is a third felony conviction, the offense does 27 not involve circumstances described in (F) of this paragraph, and the defendant 28 is not subject to sentencing under (l) of this section, 35 to 50 years; 29 (F) if the offense is a third felony conviction, the defendant is 30 not subject to sentencing under (l) of this section, and the defendant has two 31 prior convictions for sexual felonies, 99 years; 01 (3) sexual assault in the second degree, sexual abuse of a minor in the 02 second degree, enticement of a minor under AS 11.41.452(d), indecent exposure in the 03 first degree under AS 11.41.458(b)(2), distribution of generated obscene child  04 sexual abuse material under AS 11.61.121(d)(2), distribution of child sexual abuse 05 material under AS 11.61.125(e)(2), patron of a victim of sex trafficking under 06 AS 11.66.137, or attempt, conspiracy, or solicitation to commit sexual assault in the 07 first degree under AS 11.41.410(a)(1)(B) may be sentenced to a definite term of 08 imprisonment of not more than 99 years and shall be sentenced to a definite term 09 within the following presumptive ranges, subject to adjustment as provided in 10 AS 12.55.155 - 12.55.175: 11 (A) if the offense is a first felony conviction, five to 15 years; 12 (B) if the offense is a second felony conviction and does not 13 involve circumstances described in (C) of this paragraph, 10 to 25 years; 14 (C) if the offense is a second felony conviction and the 15 defendant has a prior conviction for a sexual felony, 15 to 30 years; 16 (D) if the offense is a third felony conviction and does not 17 involve circumstances described in (E) of this paragraph, 20 to 35 years; 18 (E) if the offense is a third felony conviction and the defendant 19 has two prior convictions for sexual felonies, 99 years; 20 (4) sexual assault in the third degree, sexual abuse of a minor in the 21 third degree under AS 11.41.438(c), incest, indecent exposure in the first degree under 22 AS 11.41.458(b)(1), distribution of generated obscene child sexual abuse material  23 under AS 11.61.121(d)(1), possession of generated obscene child sexual abuse  24 material, indecent viewing or production of a picture under AS 11.61.123(g)(1) or 25 (2), possession of child sexual abuse material, distribution of child sexual abuse 26 material under AS 11.61.125(e)(1), patron of a victim of sex trafficking under 27 AS 11.66.137, or attempt, conspiracy, or solicitation to commit sexual assault in the 28 second degree, sexual abuse of a minor in the second degree, distribution of  29 generated obscene child sexual abuse material, unlawful exploitation of a minor, 30 distribution of child sexual abuse material under AS 11.61.125(e)(2), or patron of a 31 victim of sex trafficking under AS 11.66.137, may be sentenced to a definite term of 01 imprisonment of not more than 99 years and shall be sentenced to a definite term 02 within the following presumptive ranges, subject to adjustment as provided in 03 AS 12.55.155 - 12.55.175: 04 (A) if the offense is a first felony conviction and does not 05 involve the circumstances described in (B) or (C) of this paragraph, two to 12 06 years; 07 (B) if the offense is a first felony conviction under 08 AS 11.61.121(d)(1) or 11.61.125(e)(1) [AS 11.61.125(e)(1)] and does not 09 involve circumstances described in (C) of this paragraph, four to 12 years; 10 (C) if the offense is a first felony conviction under 11 AS 11.61.121(d)(1) or 11.61.125(e)(1) [AS 11.61.125(e)(1)], and the 12 defendant hosted, created, or helped host or create a mechanism for multi-party 13 sharing or distribution of generated obscene child sexual abuse material or 14 child sexual abuse material, or received a financial benefit or had a financial 15 interest in a generated obscene child sexual abuse material or child sexual 16 abuse material sharing or distribution mechanism, six to 14 years; 17 (D) if the offense is a second felony conviction and does not 18 involve circumstances described in (E) of this paragraph, eight to 15 years; 19 (E) if the offense is a second felony conviction and the 20 defendant has a prior conviction for a sexual felony, 12 to 20 years; 21 (F) if the offense is a third felony conviction and does not 22 involve circumstances described in (G) of this paragraph, 15 to 25 years; 23 (G) if the offense is a third felony conviction and the defendant 24 has two prior convictions for sexual felonies, 99 years. 25 * Sec. 18. AS 12.55.127(d) is amended to read: 26 (d) If the defendant is being sentenced for two or more crimes of distribution  27 of generated obscene child sexual abuse material under AS 11.61.121, possession  28 of generated obscene child sexual abuse material under AS 11.61.122, distribution 29 of child sexual abuse material under AS 11.61.125, possession of child sexual abuse 30 material under AS 11.61.127, or distribution of indecent material to minors under 31 AS 11.61.128, a consecutive term of imprisonment shall be imposed for some 01 additional term of imprisonment for each additional crime or each additional attempt 02 or solicitation to commit the offense. 03  * Sec. 19. AS 12.55.185(16) is amended to read: 04 (16) "sexual felony" means sexual assault in the first degree, sexual 05 abuse of a minor in the first degree, sex trafficking in the first degree, sexual assault in 06 the second degree, sexual abuse of a minor in the second degree, sexual abuse of a 07 minor in the third degree under AS 11.41.438(c), unlawful exploitation of a minor, 08 patron of a victim of sex trafficking, distribution of generated obscene child sexual  09 abuse material, possession of generated obscene child sexual abuse material,  10 indecent viewing or production of a picture under AS 11.61.123(g)(1) or (2), 11 distribution of child sexual abuse material, sexual assault in the third degree, incest, 12 indecent exposure in the first degree, possession of child sexual abuse material, 13 enticement of a minor, and felony attempt, conspiracy, or solicitation to commit those 14 crimes; 15  * Sec. 20. AS 12.62.900(22) is amended to read: 16 (22) "serious offense" means a conviction for a violation or for an 17 attempt, solicitation, or conspiracy to commit a violation of any of the following laws, 18 or of the laws of another jurisdiction with substantially similar elements: 19 (A) a felony offense; 20 (B) a crime involving domestic violence; 21 (C) AS 11.41.410 - 11.41.470; 22 (D) AS 11.51.130, 11.51.200 - 11.51.220, or AS 11.56.100 -  23 11.56.210 [OR 11.51.200 - 11.56.210]; 24 (E) AS 11.61.110(a)(7), 11.61.121, or 11.61.125; 25 (F) AS 11.66.100 - 11.66.130; 26 (G) former AS 11.15.120, former 11.15.134, or assault with the 27 intent to commit rape under former AS 11.15.160; or 28 (H) former AS 11.40.080, 11.40.110, 11.40.130, or 11.40.200 - 29 11.40.420, if committed before January 1, 1980.  30  * Sec. 21. AS 12.63.100(7) is amended to read: 31 (7) "sex offense" means 01 (A) a crime under AS 11.41.100(a)(3), or a similar law of 02 another jurisdiction, in which the person committed or attempted to commit a 03 sexual offense, or a similar offense under the laws of the other jurisdiction; in 04 this subparagraph, "sexual offense" has the meaning given in 05 AS 11.41.100(a)(3); 06 (B) a crime under AS 11.41.110(a)(3), or a similar law of 07 another jurisdiction, in which the person committed or attempted to commit 08 one of the following crimes, or a similar law of another jurisdiction: 09 (i) sexual assault in the first degree; 10 (ii) sexual assault in the second degree; 11 (iii) sexual abuse of a minor in the first degree; or 12 (iv) sexual abuse of a minor in the second degree; 13 (C) a crime, or an attempt, solicitation, or conspiracy to commit 14 a crime, under the following statutes or a similar law of another jurisdiction: 15 (i) AS 11.41.410 - 11.41.438; 16 (ii) AS 11.41.440(a)(2); 17 (iii) AS 11.41.450 - 11.41.458; 18 (iv) AS 11.41.460 or AS 26.05.900(c) if the indecent 19 exposure is before a person under 16 years of age and the offender has 20 previously been convicted under AS 11.41.460 or AS 26.05.900(c); 21 (v) AS 11.61.121 or 11.61.122;  22 (vi) AS 11.61.125 - 11.61.128; 23 (vii) [(vi)] AS 11.66.130(a)(2)(B) or AS 26.05.900(b) if 24 the person who was induced or caused to engage in prostitution was 25 under 20 years of age at the time of the offense; 26 (viii) [(vii)] former AS 11.15.120, former 11.15.134, or 27 assault with the intent to commit rape under former AS 11.15.160, 28 former AS 11.40.110, or former 11.40.200; 29 (ix) [(viii)] AS 11.61.118(a)(2) if the offender has a 30 previous conviction for that offense; 31 (x) [(ix)] AS 11.66.100(a)(2) if the offender is subject 01 to punishment under former AS 11.66.100(e); 02 (xi) [(x)] AS 26.05.890 if the person engaged in sexual 03 penetration or sexual contact with the victim; 04 (xii) [(xi)] AS 26.05.890 if, at the time of the offense, 05 the victim is under a duty to obey the lawful orders of the offender, 06 regardless of whether the offender is in the direct chain of command 07 over the victim; 08 (xiii) [(xii)] AS 26.05.893 if the person engaged in 09 sexual penetration or sexual contact with the victim; 10 (xiv) [(xiii)] AS 26.05.900(a) if the victim is under 18 11 years of age at the time of the offense; 12 (xv) [(xiv)] AS 26.05.900 if, at the time of the offense, 13 the victim is under a duty to obey the lawful orders of the offender, 14 regardless of whether the offender is in the direct chain of command 15 over the victim; 16 (xvi) [(xv)] AS 11.61.123 if the offender is subject to 17 punishment under AS 11.61.123(g)(1) or (2); 18 (xvii) [(xvi)] AS 11.66.137; 19 (xviii) [(xvii)] AS 11.61.130(a)(2); or 20 (xix) [(xviii)] AS 11.66.110 and 11.66.120; 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 sexual abuse material; 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) an offense in which the person is required to register as a 31 sex offender under the laws of another jurisdiction; 01  * Sec. 22. AS 14.20.030(b) is amended to read: 02 (b) The commissioner or the Professional Teaching Practices Commission 03 shall revoke for life the certificate of a person who has been convicted of a crime, or 04 an attempt, solicitation, or conspiracy to commit a crime, involving a minor under 05 AS 11.41.410 - 11.41.460, AS 11.61.121, 11.61.122, 11.61.125 [AS 11.61.125], or 06 11.61.127, or a law or ordinance in another jurisdiction with elements similar to an 07 offense described in this subsection.  08  * Sec. 23. AS 28.15.046(c) is amended to read: 09 (c) The department may not issue a license under this section to an applicant 10 (1) who has been convicted of any of the following offenses: 11 (A) a violation, or an attempt, solicitation, or conspiracy to 12 commit a violation, of AS 11.41.100 - 11.41.220, 11.41.260 - 11.41.320, 13 11.41.360 - 11.41.370, 11.41.410 - 11.41.470, or 11.41.500 - 11.41.530; 14 (B) a felony violation of endangering the welfare of a child in 15 the first degree under AS 11.51.100; 16 (C) felony indecent viewing or production of a picture under 17 AS 11.61.123; 18 (D) distribution of child sexual abuse material under 19 AS 11.61.125; 20 (E) possession of child sexual abuse material under 21 AS 11.61.127; 22 (F) distribution of indecent material to minors under 23 AS 11.61.128; 24 (G) patron of a victim of sex trafficking under AS 11.66.137; 25 (H) sex trafficking in the first, second, or third degree under 26 AS 11.66.110 - 11.66.130; 27 (I) a felony involving distribution of a controlled substance 28 under AS 11.71 or imitation controlled substance under AS 11.73; 29 (J) a felony violation under AS 28.35.030(n) or 28.35.032(p); 30 (K) distribution of generated obscene child sexual abuse  31 material under AS 11.61.121;  01 (L) possession of generated obscene child sexual abuse  02 material under AS 11.61.122; or 03 (2) who has been convicted of any of the following offenses and less 04 than two years have elapsed since the applicant's date of conviction for the offense: 05 (A) assault in the fourth degree under AS 11.41.230; 06 (B) reckless endangerment under AS 11.41.250; 07 (C) contributing to the delinquency of a minor under 08 AS 11.51.130; 09 (D) misdemeanor prostitution under AS 11.66.100(a)(2); 10 (E) a misdemeanor violation of endangering the welfare of a 11 child in the first degree under AS 11.51.100. 12  * Sec. 24. AS 44.23.080(a) is amended to read: 13 (a) If there is reasonable cause to believe that an Internet service account has 14 been used in connection with a violation of AS 11.41.452, 11.41.455, or 15 AS 11.61.121, 11.61.122, or 11.61.125 - 11.61.128 [AS 11.61.125 - 11.61.128], and 16 that the identity, address, and other information about the account owner will assist in 17 obtaining evidence that is relevant to the offense, a law enforcement officer may apply 18 to the attorney general or the attorney general's designee for an administrative 19 subpoena to obtain the business records of the Internet service provider located inside 20 or outside of the state. 21  * Sec. 25. AS 47.12.110(d) is amended to read: 22 (d) Notwithstanding (a) of this section, a court hearing on a petition seeking 23 the adjudication of a minor as a delinquent shall be open to the public, except as 24 prohibited or limited by order of the court, if 25 (1) the department files with the court a motion asking the court to 26 open the hearing to the public, and the petition seeking adjudication of the minor as a 27 delinquent is based on 28 (A) the minor's alleged commission of an offense, and the 29 minor has knowingly failed to comply with all the terms and conditions 30 required of the minor by the department or imposed on the minor in a court 31 order entered under AS 47.12.040(a)(2) or 47.12.120; 01 (B) the minor's alleged commission of 02 (i) a crime against a person that is punishable as a 03 felony; 04 (ii) a crime in which the minor employed a deadly 05 weapon, as that term is defined in AS 11.81.900(b), in committing the 06 crime; 07 (iii) arson under AS 11.46.400 - 11.46.410; 08 (iv) burglary under AS 11.46.300; 09 (v) distribution of child sexual abuse material under 10 AS 11.61.125; 11 (vi) sex trafficking in the first degree under 12 AS 11.66.110; 13 (vii) distribution of generated obscene child sexual  14 abuse material under AS 11.61.121; or 15 (viii) [OR (vii)] misconduct involving a controlled 16 substance under AS 11.71 involving the delivery of a controlled 17 substance or the possession of a controlled substance with intent to 18 deliver, other than an offense under AS 11.71.040 or 11.71.050; or 19 (C) the minor's alleged commission of a felony and the minor 20 was 16 years of age or older at the time of commission of the offense when the 21 minor has previously been convicted or adjudicated a delinquent minor based 22 on the minor's commission of an offense that is a felony; or 23 (2) the minor agrees to a public hearing on the petition seeking 24 adjudication of the minor as a delinquent. 25  * Sec. 26. AS 47.12.315(a) is amended to read: 26 (a) Notwithstanding AS 47.12.310 and except as otherwise provided in this 27 section, the department shall disclose information to the public, on request, concerning 28 a minor subject to this chapter who was at least 13 years of age at the time of 29 commission of 30 (1) a felony offense against a person under AS 11.41; 31 (2) arson in the first or second degree; 01 (3) burglary in the first degree; 02 (4) distribution of child sexual abuse material; 03 (5) sex trafficking in the first degree; 04 (6) misconduct involving a controlled substance in the first, second, or 05 third degrees involving distribution or possession with intent to deliver; [OR] 06 (7) misconduct involving weapons in the first through fourth degrees;  07 or  08 (8) distribution of generated obscene child sexual abuse material  09 under AS 11.61.121. 10  * Sec. 27. The uncodified law of the State of Alaska is amended by adding a new section to 11 read: 12 APPLICABILITY. (a) The following sections apply to offenses committed on or after 13 the effective date of those sections: 14 (1) AS 11.41.436(a), as amended by sec. 1 of this Act; 15 (2) AS 11.41.452(a), as amended by sec. 2 of this Act; 16 (3) AS 11.41.452(c), as amended by sec. 3 of this Act; 17 (4) AS 11.41.455(a), as amended by sec. 4 of this Act; 18 (5) AS 11.61.118(a), as amended by sec. 5 of this Act; 19 (6) AS 11.61.120(a), as amended by sec. 6 of this Act; 20 (7) AS 11.61.125(e), as amended by sec. 8 of this Act; 21 (8) AS 11.61.127(a), as amended by sec. 9 of this Act; 22 (9) AS 11.61.127(b), as amended by sec. 10 of this Act; 23 (10) AS 11.61.129(a), as amended by sec. 11 of this Act; and 24 (11) AS 11.66.100(c), as amended by sec. 12 of this Act. 25 (b) The following sections apply to sentences imposed on or after the effective date of 26 those sections for conduct occurring on or after the effective date of those sections: 27 (1) AS 12.55.078(f), as amended by sec. 14 of this Act; 28 (2) AS 12.55.085(f), as amended by sec. 15 of this Act; 29 (3) AS 12.55.125(i), as amended by sec. 17 of this Act; 30 (4) AS 12.55.185(16), as amended by sec. 19 of this Act; 31 (5) AS 12.62.900(22), as amended by sec. 20 of this Act; 01 (6) AS 12.63.100(7), as amended by sec. 21 of this Act; and 02 (7) AS 14.20.030(b), as amended by sec. 22 of this Act.