00HOUSE BILL NO. 188                                                                                                      
01 "An Act creating the crime of indecent viewing and photography."                                                        
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 11.61 is amended by adding a new section to read:                                                   
04  Sec. 11.61.123.  INDECENT VIEWING AND PHOTOGRAPHY.  (a)  A                                                            
05 person commits the crime of indecent viewing and photography if, in the state, the                                      
06 person knowingly views, or produces a picture of, the private exposure of the genitals,                                 
07 anus, or female breast of another person and the view or production is without the                                      
08 knowledge or consent of                                                                                                 
09   (1)  the parent or guardian of the person viewed, or who is shown in the                                             
10 picture, if the person who is viewed or shown is under 16 years of age; and                                             
11   (2)  the person viewed or shown in the picture, if the person viewed or                                              
12 shown is at least 13 years of age.                                                                                      
13  (b)  Each viewing of a person, and each production of a picture of a person                                           
14 whose genitals, anus, or female breast are viewed or are shown in a picture constitutes                                 

01 a separate violation of this section.                                                                                   
02  (c)  Indecent photography is a                                                                                        
03   (1)  class C felony if the person viewed or shown in a picture was at                                                
04 the time of the viewing or production of the picture, a minor;                                                          
05   (2)  class A misdemeanor if the person viewed or shown in a picture                                                  
06 was at the time of the viewing or production of the picture, an adult.                                                  
07  (d)  In a prosecution under this section, it is an affirmative defense that the                                       
08 viewing was conducted as a security surveillance system if notice that security viewing                                 
09 is being conducted is posted prominently in the area viewed and the viewing is done                                     
10 by a person of the same sex as the person being viewed.                                                                 
11  (e)  In this section,                                                                                                 
12   (1)  "picture" means a film, photograph, negative, slide, book,                                                      
13 newspaper, or magazine, whether in print, electronic, or digital format; and                                            
14   (2)  "private exposure" means that a person has exposed the person's                                                 
15 body or part of the body in a place, and under circumstances, that someone in the                                       
16 person's position would reasonably believe would not result in their being viewed, or                                   
17 in the production of a picture of the person.                                                                           
18    * Sec. 2.  APPLICABILITY.  This Act applies to all offenses committed on or after the                                
19 effective date of this Act.