CSSB 211(STA): "An Act relating to sexual assault; and relating to endangering the welfare of vulnerable adults."
00CS FOR SENATE BILL NO. 211(STA) 01 "An Act relating to sexual assault; and relating to endangering the welfare of 02 vulnerable adults." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.41.410(a) is amended to read: 05 Sec. 11.41.410. SEXUAL ASSAULT IN THE FIRST DEGREE. (a) An 06 offender commits the crime of sexual assault in the first degree if 07 (1) the offender engages in sexual penetration with another person 08 without consent of that person; 09 (2) the offender attempts to engage in sexual penetration with another 10 person without consent of that person and causes serious physical injury to that person; 11 (3) the offender engages in sexual penetration with another person 12 (A) who the offender knows is mentally incapable; and 13 (B) who is entrusted to the offender's care 14 (i) by authority of law; or
01 (ii) in a facility or program that is required by law to be 02 licensed by the state [DEPARTMENT OF HEALTH AND SOCIAL 03 SERVICES]; or 04 (4) the offender engages in sexual penetration with a person who the 05 offender knows is unaware that a sexual act is being committed and 06 (A) the offender is a health care worker; and 07 (B) the offense takes place during the course of professional 08 treatment of the victim. 09 * Sec. 2. AS 11.41.420(a) is amended to read: 10 (a) An offender commits the crime of sexual assault in the second degree if 11 (1) the offender engages in sexual contact with another person without 12 consent of that person; 13 (2) the offender engages in sexual contact with a person 14 (A) who the offender knows is mentally incapable; and 15 (B) who is entrusted to the offender's care 16 (i) by authority of law; or 17 (ii) in a facility or program that is required by law to be 18 licensed by the state [DEPARTMENT OF HEALTH AND SOCIAL 19 SERVICES]; 20 (3) the offender engages in sexual penetration with a person who the 21 offender knows is 22 (A) mentally incapable; 23 (B) incapacitated; or 24 (C) unaware that a sexual act is being committed; or 25 (4) the offender engages in sexual contact with a person who the 26 offender knows is unaware that a sexual act is being committed and 27 (A) the offender is a health care worker; and 28 (B) the offense takes place during the course of professional 29 treatment of the victim. 30 * Sec. 3. AS 11.51 is amended by adding new sections to read: 31 ARTICLE 2. VULNERABLE ADULTS.
01 Sec. 11.51.200. ENDANGERING THE WELFARE OF A VULNERABLE 02 ADULT IN THE FIRST DEGREE. (a) A person commits the crime of endangering 03 the welfare of a vulnerable adult in the first degree if the person 04 (1) intentionally abandons the vulnerable adult in any place under 05 circumstances creating a substantial risk of physical injury to the vulnerable adult and 06 the vulnerable adult is in the person's care 07 (A) by authority of law; or 08 (B) in a facility or program that is required by law to be 09 licensed by the state; or 10 (2) violates AS 11.51.210 and, as a result of the violation, the 11 vulnerable adult suffers serious physical injury. 12 (b) Endangering the welfare of a vulnerable adult in the first degree is a class 13 C felony. 14 Sec. 11.51.210. ENDANGERING THE WELFARE OF A VULNERABLE 15 ADULT IN THE SECOND DEGREE. (a) A person commits the crime of 16 endangering the welfare of a vulnerable adult in the second degree if the person 17 knowingly fails without lawful excuse to provide support for the vulnerable adult and 18 the vulnerable adult is in the person's care 19 (1) by authority of law; or 20 (2) in a facility or program that is required by law to be licensed by the 21 state. 22 (b) As used in this section "support" includes necessary food, care, clothing, 23 shelter, and medical attention. There is no failure to provide medical attention to a 24 vulnerable adult if the vulnerable adult is provided treatment solely by spiritual means 25 through prayer in accordance with the tenets and practices of a recognized church or 26 religious denomination of which the vulnerable adult is a member or adherent, 27 provided the vulnerable adult consents to the treatment through spiritual means only, 28 and the treatment is administered by an accredited practitioner of the church or 29 denomination. 30 (c) Endangering the welfare of a vulnerable adult in the second degree is a 31 class A misdemeanor.
01 Sec. 11.51.220. DEFINITION OF VULNERABLE ADULT. In AS 11.51.200 02 - 11.51.210, "vulnerable adult" has the meaning given in AS 47.24.900.