HB 180: "An Act relating to the possession, manufacture, use, display, or delivery of controlled substances while children are present."
00HOUSE BILL NO. 180 01 "An Act relating to the possession, manufacture, use, display, or delivery of 02 controlled substances while children are present." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.51.100(a) is amended to read: 05 (a) A person commits the crime of endangering the welfare of a child in the 06 first degree if, being a parent, guardian, or other person legally charged with the care 07 of a child under 16 years of age, the person 08 (1) intentionally deserts the child in a place under circumstances 09 creating a substantial risk of physical injury to the child; 10 (2) leaves the child with another person who is not a parent, guardian, 11 or lawful custodian of the child knowing that the person 12 (A) is registered or required to register as a sex offender under 13 AS 12.63 or a law or ordinance in another jurisdiction with similar 14 requirements;
01 (B) has been charged by complaint, information, or indictment 02 with a violation of AS 11.41.410 - 11.41.455 or a law or ordinance in another 03 jurisdiction with similar elements; or 04 (C) has been charged by complaint, information, or indictment 05 with an attempt, solicitation, or conspiracy to commit a crime described in (B) 06 of this paragraph; [OR] 07 (3) leaves the child with another person knowing that the person has 08 previously physically mistreated or had sexual contact with any child, and the other 09 person causes physical injury or engages in sexual contact with the child ; or 10 (4) allows the child to enter or remain in 11 (A) a dwelling or vehicle knowing that a controlled 12 substance is being unlawfully used, manufactured, or displayed in the 13 dwelling or vehicle; 14 (B) the immediate physical presence of the unlawful use, 15 manufacture, or display of a controlled substance knowing that the 16 unlawful use, manufacture, or display is occurring . 17 * Sec. 2. AS 11.51.110(a) is amended to read: 18 (a) A person commits the crime of endangering the welfare of a child in the 19 second degree if the person, while caring for a child under 10 years of age, 20 [(1) CAUSES OR ALLOWS THE CHILD TO ENTER OR REMAIN 21 IN A DWELLING OR VEHICLE IN WHICH A CONTROLLED SUBSTANCE IS 22 STORED IN VIOLATION OF AS 11.71; OR 23 (2)] is impaired by an intoxicant, whether or not prescribed for the 24 person under AS 17.30, and there is no third person who is at least 12 years of age 25 and not impaired by an intoxicant present to care for the child. 26 * Sec. 3. AS 11.51.130(a) is amended to read: 27 (a) A person commits the crime of contributing to the delinquency of a minor 28 if, being 19 years of age or older or being under 19 years of age and having the 29 disabilities of minority removed for general purposes under AS 09.55.590, the person 30 aids, induces, causes, or encourages a child 31 (1) under 18 years of age to do any act prohibited by state law unless
01 the child's disabilities of minority have been removed for general purposes under 02 AS 09.55.590; 03 (2) under 18 years of age to enter or remain in the immediate physical 04 presence of [SAME ROOM IN A BUILDING WHERE] the 05 (A) unlawful possession [SALE] of a controlled substance 06 knowing that the unlawful possession is occurring, [DRUG OCCURS] unless 07 the child's disabilities of minority have been removed for general purposes 08 under AS 09.55.590; or 09 (B) unlawful manufacture, use, or delivery of a controlled 10 substance with reckless disregard that the unlawful manufacture, use, or 11 delivery is occurring, unless the child's disabilities of minority have been 12 removed for general purposes under AS 09.55.590 ; 13 (3) under 16 years of age to be repeatedly absent from school, without 14 just cause; or 15 (4) under 18 years of age to be absent from the custody of a parent, 16 guardian, or custodian without the permission of the parent, guardian, or custodian or 17 without the knowledge of the parent, guardian, or custodian, unless the child's 18 disabilities of minority have been removed for general purposes under AS 09.55.590 19 or the person has immunity under AS 47.10.350 or 47.10.398(a); it is an affirmative 20 defense to a prosecution under this paragraph that, at the time of the alleged offense, 21 the defendant 22 (A) reasonably believed that the child was in danger of physical 23 injury or in need of temporary shelter; and 24 (B) within 12 hours after taking the actions comprising the 25 alleged offense, notified a peace officer, a law enforcement agency, or the 26 Department of Health and Social Services of the name of the child and the 27 child's location.