CSSB 211(RLS) AM: "An Act relating to sexual assault and sexual abuse; and relating to endangering the welfare of vulnerable adults."
00CS FOR SENATE BILL NO. 211(RLS) am 01 "An Act relating to sexual assault and sexual abuse; and relating to 02 endangering the welfare of 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 (a) An offender commits the crime of sexual assault in the first degree if 06 (1) the offender engages in sexual penetration with another person 07 without consent of that person; 08 (2) the offender attempts to engage in sexual penetration with another 09 person without consent of that person and causes serious physical injury to that person; 10 (3) the offender engages in sexual penetration with another person 11 (A) who the offender knows is mentally incapable; and 12 (B) who is in [ENTRUSTED TO] the offender's care 13 (i) by authority of law; or 14 (ii) in a facility or program that is required by law to be
01 licensed by the state [DEPARTMENT OF HEALTH AND SOCIAL 02 SERVICES]; or 03 (4) the offender engages in sexual penetration with a person who the 04 offender knows is unaware that a sexual act is being committed and 05 (A) the offender is a health care worker; and 06 (B) the offense takes place during the course of professional 07 treatment of the victim. 08 * Sec. 2. AS 11.41.420(a) is amended to read: 09 (a) An offender commits the crime of sexual assault in the second degree if 10 (1) the offender engages in sexual contact with another person without 11 consent of that person; 12 (2) the offender engages in sexual contact with a person 13 (A) who the offender knows is mentally incapable; and 14 (B) who is in [ENTRUSTED TO] the offender's care 15 (i) by authority of law; or 16 (ii) in a facility or program that is required by law to be 17 licensed by the state [DEPARTMENT OF HEALTH AND SOCIAL 18 SERVICES]; 19 (3) the offender engages in sexual penetration with a person who the 20 offender knows is 21 (A) mentally incapable; 22 (B) incapacitated; or 23 (C) unaware that a sexual act is being committed; or 24 (4) the offender engages in sexual contact with a person who the 25 offender knows is unaware that a sexual act is being committed and 26 (A) the offender is a health care worker; and 27 (B) the offense takes place during the course of professional 28 treatment of the victim. 29 * Sec. 3. AS 11.41.438(a) is amended to read: 30 (a) An offender commits the crime of sexual abuse of a minor in the third 31 degree if
01 (1) being 16 years of age or older, the offender engages in sexual 02 contact with a person who is 13, 14, or 15 years of age and at least three years 03 younger than the offender; or 04 (2) being 18 years of age or older, the offender engages in sexual 05 penetration with a person who is 16 or 17 years of age and 06 (A) at least three years younger than the offender, and the 07 offender occupies a position of authority in relation to the victim; or 08 (B) the offender is a police officer but is not a legal guardian 09 of the victim and the offender is known to the victim as a police officer. 10 * Sec. 4. AS 11.41.440(a) is amended to read: 11 (a) An offender commits the crime of sexual abuse of a minor in the fourth 12 degree if 13 (1) being under 16 years of age, the offender engages in sexual 14 penetration or sexual contact with a person who is under 13 years of age and at least 15 three years younger than the offender; or 16 (2) being 18 years of age or older, the offender engages in sexual 17 contact with a person who is 16 or 17 years of age and 18 (A) at least three years younger than the offender, and the 19 offender occupies a position of authority in relation to the victim; or 20 (B) the offender is a police officer but is not a legal guardian 21 of the victim and the offender is know to the victim as a police officer. 22 * Sec. 5. AS 11.51 is amended by adding new sections to read: 23 ARTICLE 2. VULNERABLE ADULTS. 24 Sec. 11.51.200. ENDANGERING THE WELFARE OF A VULNERABLE 25 ADULT IN THE FIRST DEGREE. (a) A person commits the crime of endangering 26 the welfare of a vulnerable adult in the first degree if the person 27 (1) intentionally abandons the vulnerable adult in any place under 28 circumstances creating a substantial risk of physical injury to the vulnerable adult and 29 the vulnerable adult is in the person's care 30 (A) by authority of law; or 31 (B) in a facility or program that is required by law to be
01 licensed by the state; or 02 (2) violates AS 11.51.210 and, as a result of the violation, the 03 vulnerable adult suffers serious physical injury. 04 (b) Endangering the welfare of a vulnerable adult in the first degree is a class 05 C felony. 06 Sec. 11.51.210. ENDANGERING THE WELFARE OF A VULNERABLE 07 ADULT IN THE SECOND DEGREE. (a) A person commits the crime of 08 endangering the welfare of a vulnerable adult in the second degree if the person fails 09 without lawful excuse to provide support for the vulnerable adult and the vulnerable 10 adult is in the person's care 11 (1) by authority of law; or 12 (2) in a facility or program that is required by law to be licensed by the 13 state. 14 (b) As used in this section "support" includes necessary food, care, clothing, 15 shelter, and medical attention. There is no failure to provide medical attention to a 16 vulnerable adult if the vulnerable adult is provided treatment solely by spiritual means 17 through prayer in accordance with the tenets and practices of a recognized church or 18 religious denomination of which the vulnerable adult is a member or adherent, 19 provided the vulnerable adult consents to the treatment through spiritual means only, 20 and the treatment is administered by an accredited practitioner of the church or 21 denomination. 22 (c) Endangering the welfare of a vulnerable adult in the second degree is a 23 class A misdemeanor. 24 Sec. 11.51.220. DEFINITION OF VULNERABLE ADULT. In AS 11.51.200 25 - 11.51.210, "vulnerable adult" has the meaning given in AS 47.24.900.