HB 5: "An Act relating to the crime of harassment."
00HOUSE BILL NO. 5 01 "An Act relating to the crime of harassment." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 11.61 is amended by adding new sections to read: 04 Sec. 11.61.115. HARASSMENT IN THE FIRST DEGREE. (a) A person 05 commits the crime of harassment in the first degree if the person violates 06 AS 11.61.117 07 (1) within seven years of being convicted of violating AS 11.61.117 by 08 conduct directed against the same victim; or 09 (2) by conduct that violates a temporary restraining order or an 10 injunction in effect against the person and issued for the benefit of the same victim. 11 (b) Harassment in the first degree is a class C felony. 12 Sec. 11.61.117. HARASSMENT IN THE SECOND DEGREE. (a) A person 13 commits the crime of harassment in the second degree if the person 14 (1) intentionally, maliciously, and repeatedly engages, with the intent
01 to seriously alarm or annoy another person, in a course of conduct, including 02 following, that is directed against the other person, that does not have a legitimate 03 purpose, and that would cause a reasonable person to suffer substantial emotional 04 distress; and 05 (2) makes a threat of death or serious physical injury against the other 06 person if a reasonable person would believe the threat was credible. 07 (b) Harassment in the second degree is a class A misdemeanor. 08 * Sec. 2. AS 11.61.120 is amended to read: 09 Sec. 11.61.120. HARASSMENT IN THE THIRD DEGREE. (a) A person 10 commits the crime of harassment in the third degree if, with intent to harass or annoy 11 another person, that person 12 (1) insults, taunts, or challenges another person in a manner likely to 13 provoke an immediate violent response; 14 (2) telephones another and fails to terminate the connection with intent 15 to impair the ability of that person to place or receive telephone calls; 16 (3) makes repeated telephone calls at extremely inconvenient hours; 17 (4) makes an anonymous or obscene telephone call or a telephone call 18 that threatens physical injury; or 19 (5) subjects another person to offensive physical contact. 20 (b) Harassment in the third degree is a class B misdemeanor. 21 * Sec. 3. AS 12.25.030(b) is amended to read: 22 (b) In addition to the authority granted under (a) of this section, a peace officer 23 without a warrant may arrest a person when the peace officer has reasonable cause for 24 believing that the person has committed a crime under 25 (1) AS 11.56.740; or 26 (2) AS 11.41, AS 11.46.330, or AS 11.61.115 - 11.61.120 27 [AS 11.61.120], or has violated an ordinance with elements substantially similar to the 28 elements of a crime under AS 11.41, AS 11.46.330, or AS 11.61.115 - 11.61.120 29 [AS 11.61.120], when the victim is a spouse or former spouse of the person who 30 committed the crime; a parent, grandparent, child, or grandchild of the person who 31 committed the crime; a member of the social unit comprised of those living together
01 in the same dwelling as the person who committed the crime; or another person who 02 is not a spouse or former spouse of the person who committed the crime but who 03 previously lived in a spousal relationship with the person who committed the crime or 04 is in or has been in a dating, courtship, or engagement relationship with the person 05 who committed the crime.