CSSB 3(RLS): "An Act relating to the crimes of murder, solicitation to commit murder in the first degree, conspiracy to commit murder in the first degree, manslaughter, and criminally negligent homicide; relating to homicides of children; relating to registration as a sex offender or child kidnapper; relating to the crime of interference with custody of a child or incompetent person; and providing for an effective date."
00CS FOR SENATE BILL NO. 3(RLS) 01 "An Act relating to the crimes of murder, solicitation to commit murder in the 02 first degree, conspiracy to commit murder in the first degree, manslaughter, and 03 criminally negligent homicide; relating to homicides of children; relating to 04 registration as a sex offender or child kidnapper; relating to the crime of 05 interference with custody of a child or incompetent person; and providing for an 06 effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 11.31.110(c) is repealed and reenacted to read: 09 (c) Solicitation is 10 (1) an unclassified felony if the crime solicited is murder in the first 11 degree; 12 (2) a class A felony if the crime solicited is an unclassified felony other 13 than murder in the first degree; 14 (3) a class B felony if the crime solicited is a class A felony;
01 (4) a class C felony if the crime solicited is a class B felony; 02 (5) a class A misdemeanor if the crime solicited is a class C felony; 03 (6) a class B misdemeanor if the crime solicited is a class A or class 04 B misdemeanor. 05 * Sec. 2. AS 11.41.100(a) is amended to read: 06 (a) A person commits the crime of murder in the first degree if 07 (1) with intent to cause the death of another person, the person 08 (A) causes the death of any person; or 09 (B) compels or induces any person to commit suicide through 10 duress or deception; [OR] 11 (2) the person knowingly engages in conduct directed toward [, 12 UNDER CIRCUMSTANCES MANIFESTING EXTREME INDIFFERENCE TO THE 13 VALUE OF HUMAN LIFE, IN A PATTERN OR PRACTICE OF ASSAULT OR 14 TORTURE OF] a child under the age of 16 and the person with criminal negligence 15 [, AND ONE OF THE ACTS OF ASSAULT OR TORTURE RESULTS IN THE 16 DEATH OF THE CHILD; FOR PURPOSES OF THIS PARAGRAPH, A PERSON 17 "ENGAGES IN A PATTERN OR PRACTICE OF ASSAULT OR TORTURE" IF 18 THE PERSON] inflicts serious physical injury on the [A] child by at least two 19 separate acts, and one of the acts results in the death of the child ; or 20 (3) acting alone or with one or more persons, the person commits 21 or attempts to commit a sexual offense or kidnapping against a child under 16 22 years of age and, in the course of or in furtherance of the offense or in immediate 23 flight from that offense, any person causes the death of the child; in this 24 paragraph, "sexual offense" means an offense defined in AS 11.41.410 - 11.41.470 . 25 * Sec. 3. AS 11.41.110(a) is amended to read: 26 (a) A person commits the crime of murder in the second degree if 27 (1) with intent to cause serious physical injury to another person or 28 knowing that the conduct is substantially certain to cause death or serious physical 29 injury to another person, the person causes the death of any person; 30 (2) the person knowingly engages in conduct that results in the death 31 of another person under circumstances manifesting an extreme indifference to the value
01 of human life; 02 (3) under circumstances not amounting to murder in the first 03 degree under AS 11.41.100(a)(3), while acting either alone or with one or more 04 persons, the person commits or attempts to commit arson in the first degree, 05 kidnapping, sexual assault in the first degree, sexual assault in the second degree, 06 sexual abuse of a minor in the first degree, sexual abuse of a minor in the second 07 degree, burglary in the first degree, escape in the first or second degree, robbery in 08 any degree, or misconduct involving a controlled substance under AS 11.71.010(a), 09 11.71.020(a), 11.71.030(a)(1) or (2), or 11.71.040(a)(1) or (2) and, in the course of or 10 in furtherance of that crime [,] or in immediate flight from that crime, any person 11 causes the death of a person other than one of the participants; [OR] 12 (4) acting with a criminal street gang, the person commits or attempts 13 to commit a crime that is a felony and, in the course of or in furtherance of that crime 14 or in immediate flight from that crime, any person causes the death of a person other 15 than one of the participants ; or 16 (5) the person with criminal negligence causes the death of a child 17 under the age of 16, and the person has been previously convicted of a crime 18 involving a child under the age of 16 that was 19 (A) in violation of AS 11.41; 20 (B) in violation of a law or ordinance in another jurisdiction 21 with elements similar to a crime under AS 11.41; or 22 (C) an attempt, a solicitation, or a conspiracy to commit a 23 crime listed in (A) or (B) of this paragraph . 24 * Sec. 4. AS 11.41.130(b) is amended to read: 25 (b) Criminally negligent homicide is a class B [C] felony. 26 * Sec. 5. AS 11.41.320(a) is amended to read: 27 (a) A person commits the crime of custodial interference in the first degree if 28 the person violates AS 11.41.330 and causes the child or incompetent person 29 [VICTIM] to be 30 (1) removed from the state ; or 31 (2) kept outside the state .
01 * Sec. 6. AS 11.81.250(a) is amended to read: 02 (a) For purposes of sentencing under AS 12.55, all offenses defined in this 03 title, except murder in the first and second degree, attempted murder in the first 04 degree, solicitation to commit murder in the first degree, conspiracy to commit 05 murder in the first degree, sexual assault in the first degree, sexual abuse of a minor 06 in the first degree, misconduct involving a controlled substance in the first degree, and 07 kidnapping, are classified on the basis of their seriousness, according to the type of 08 injury characteristically caused or risked by commission of the offense and the 09 culpability of the offender. Except for murder in the first and second degree, 10 attempted murder in the first degree, solicitation to commit murder in the first 11 degree, conspiracy to commit murder in the first degree, sexual assault in the first 12 degree, sexual abuse of a minor in the first degree, misconduct involving a controlled 13 substance in the first degree, and kidnapping, the offenses in this title are classified 14 into the following categories: 15 (1) class A felonies, which characteristically involve conduct resulting 16 in serious physical injury or a substantial risk of serious physical injury to a person; 17 (2) class B felonies, which characteristically involve conduct resulting 18 in less severe violence against a person than class A felonies, aggravated offenses 19 against property interests, or aggravated offenses against public administration or order; 20 (3) class C felonies, which characteristically involve conduct serious 21 enough to deserve felony classification but not serious enough to be classified as A or 22 B felonies; 23 (4) class A misdemeanors, which characteristically involve less severe 24 violence against a person, less serious offenses against property interests, less serious 25 offenses against public administration or order, or less serious offenses against public 26 health and decency than felonies; 27 (5) class B misdemeanors, which characteristically involve a minor risk 28 of physical injury to a person, minor offenses against property interests, minor offenses 29 against public administration or order, or minor offenses against public health and 30 decency; 31 (6) violations, which characteristically involve conduct inappropriate
01 to an orderly society but which do not denote criminality in their commission. 02 * Sec. 7. AS 11.81.250(b) is amended to read: 03 (b) The classification of each felony defined in this title, except murder in the 04 first and second degree, attempted murder in the first degree, solicitation to commit 05 murder in the first degree, conspiracy to commit murder in the first degree, 06 sexual assault in the first degree, sexual abuse of a minor in the first degree, 07 misconduct involving a controlled substance in the first degree, and kidnapping, is 08 designated in the section defining it. A felony under Alaska law defined outside this 09 title for which no penalty is specifically provided is a class C felony. 10 * Sec. 8. AS 12.55.125(b) is amended to read: 11 (b) A defendant convicted of murder in the second degree, attempted murder 12 in the first degree, solicitation to commit murder in the first degree, conspiracy to 13 commit murder in the first degree, kidnapping, or misconduct involving a controlled 14 substance in the first degree shall be sentenced to a definite term of imprisonment of 15 at least five years but not more than 99 years. A defendant convicted of murder in 16 the second degree shall be sentenced to a definite term of imprisonment of at least 17 20 years but not more than 99 years when the defendant is convicted of the 18 murder of a child under 16 years of age and the court finds by clear and 19 convincing evidence that the defendant (1) was a natural parent, a stepparent, an 20 adopted parent, a legal guardian, or a person occupying a position of authority 21 in relation to the child; or (2) caused the death of the child by committing a crime 22 against a person under AS 11.41.200 - 11.41.530. In this subsection, "legal 23 guardian" and "position of authority" have the meanings given in AS 11.41.470. 24 * Sec. 9. AS 12.55.125(c) is amended to read: 25 (c) A defendant convicted of a class A felony may be sentenced to a definite 26 term of imprisonment of not more than 20 years, and shall be sentenced to the 27 following presumptive terms, subject to adjustment as provided in AS 12.55.155 - 28 12.55.175: 29 (1) if the offense is a first felony conviction and does not involve 30 circumstances described in (2) of this subsection, five years; 31 (2) if the offense is a first felony conviction
01 (A) [,] other than for manslaughter [,] and the defendant 02 possessed a firearm, used a dangerous instrument, or caused serious physical 03 injury during the commission of the offense, or knowingly directed the conduct 04 constituting the offense at a uniformed or otherwise clearly identified peace 05 officer, fire fighter, correctional employee, emergency medical technician, 06 paramedic, ambulance attendant, or other emergency responder who was 07 engaged in the performance of official duties at the time of the offense, seven 08 years; 09 (B) for manslaughter and the conduct resulting in the 10 conviction was knowingly directed towards a child under the age of 16, 11 seven years; 12 (3) if the offense is a second felony conviction, 10 years; 13 (4) if the offense is a third felony conviction and the defendant is not 14 subject to sentencing under (l) of this section, 15 years. 15 * Sec. 10. AS 12.55.125(k) is amended to read: 16 (k) A first felony offender convicted of an offense for which a presumptive 17 term of imprisonment is not specified under this section 18 (1) may be sentenced to a term of unsuspended imprisonment that 19 exceeds the presumptive term for a second or third felony offender convicted of 20 the same crime if the offender is convicted of criminally negligent homicide and 21 the victim is a child under the age of 16; 22 (2) except as provided in (1) of this subsection, may not be sentenced 23 to a term of unsuspended imprisonment that exceeds the presumptive term for a second 24 felony offender convicted of the same crime unless the court finds by clear and 25 convincing evidence that an aggravating factor under AS 12.55.155(c) is present, or 26 that circumstances exist that would warrant a referral to the three-judge panel under 27 AS 12.55.165. 28 * Sec. 11. AS 12.63.100(1) is amended to read: 29 (1) "aggravated sex offense" means 30 (A) a crime under AS 11.41.100(a)(3), or a similar law of 31 another jurisdiction, in which the person committed or attempted to
01 commit a sexual offense, or a similar offense under the laws of the other 02 jurisdiction; in this subparagraph, "sexual offense" has the meaning given 03 in AS 11.41.100(a)(3); 04 (B) a crime under AS 11.41.110(a)(3), or a similar law of 05 another jurisdiction, in which the person committed or attempted to 06 commit one of the following crimes, or a similar law of another 07 jurisdiction: 08 (i) sexual assault in the first degree; 09 (ii) sexual assault in the second degree; 10 (iii) sexual abuse of a minor in the first degree; or 11 (iv) sexual abuse of a minor in the second degree; or 12 (C) a crime, or an attempt, solicitation, or conspiracy to commit 13 a crime, under AS 11.41.410, 11.41.434, or a similar law of another 14 jurisdiction; 15 * Sec. 12. AS 12.63.100(2) is amended to read: 16 (2) "child kidnapping" means 17 (A) a crime under AS 11.41.100(a)(3), or a similar law of 18 another jurisdiction, in which the person committed or attempted to 19 commit kidnapping; 20 (B) a crime under AS 11.41.110(a)(3), or a similar law of 21 another jurisdiction, in which the person committed or attempted to 22 commit kidnapping if the victim was under 18 years of age at the time of 23 the offense; or 24 (C) a crime, or an attempt, solicitation, or conspiracy to 25 commit a crime, under AS 11.41.300, or a similar law of another jurisdiction, 26 if the victim was under 18 years of age at the time of the offense ; [.] 27 * Sec. 13. AS 12.63.100(5) is amended to read: 28 (5) "sex offense" means 29 (A) a crime under AS 11.41.100(a)(3), or a similar law of 30 another jurisdiction, in which the person committed or attempted to 31 commit a sexual offense, or a similar offense under the laws of the other
01 jurisdiction; in this subparagraph, "sexual offense" has the meaning given 02 in AS 11.41.100(a)(3); 03 (B) a crime under AS 11.41.110(a)(3), or a similar law of 04 another jurisdiction, in which the person committed or attempted to 05 commit one of the following crimes, or a similar law of another 06 jurisdiction: 07 (i) sexual assault in the first degree; 08 (ii) sexual assault in the second degree; 09 (iii) sexual abuse of a minor in the first degree; or 10 (iv) sexual abuse of a minor in the second degree; 11 (C) a crime, or an attempt, solicitation, or conspiracy to commit 12 a crime, under the following statutes or a similar law of another jurisdiction: 13 (i) [(A)] AS 11.41.410 - 11.41.438 ; 14 (ii) AS 11.41.440(a)(2); 15 (iii) AS 11.41.450 - 11.41.458; 16 (iv) AS 11.41.460 [, 11.41.440(a)(2), 11.41.450 - 17 11.41.458, OR 11.41.460] if the indecent exposure is before a person 18 under 16 years of age and the offender has a previous conviction for 19 that offense; 20 (v) [(B)] AS 11.61.125 or 11.61.127; 21 (vi) [(C)] AS 11.66.110 or 11.66.130(a)(2) if the person 22 who was induced or caused to engage in prostitution was 16 or 17 years 23 of age at the time of the offense; or 24 (vii) [(D)] former AS 11.15.120, former 11.15.134, or 25 assault with the intent to commit rape under former AS 11.15.160, 26 former AS 11.40.110, or former 11.40.200; 27 * Sec. 14. APPLICABILITY OF SECTIONS 1 - 8. Sections 1 - 8 of this Act apply to 28 offenses committed on or after the effective date of this Act. However, previous convictions 29 refer to convictions occurring before, on, or after the effective date of this Act. 30 * Sec. 15. APPLICABILITY OF SECTIONS 11 - 13. (a) A sex offender or child 31 kidnapper with, before the effective date of this Act, (1) one conviction for an aggravated sex
01 offense that is a violation of AS 11.41.110(a)(3); (2) two or more convictions for child 02 kidnapping with at least one being a violation of AS 11.41.110(a)(3); or (3) one conviction 03 for a child kidnapping that is a violation of AS 11.41.110(a)(3) and one conviction for a sex 04 offense, regardless of whether the offender or kidnapper has been unconditionally discharged 05 from that conviction or convictions, shall register under AS 12.63.010 by the 60th day after 06 the effective date of this Act. A sex offender or child kidnapper who does not have a 07 conviction for a sex offense, who has only one conviction for a child kidnapping that is a 08 violation of AS 11.41.110(a)(3), and who has been unconditionally discharged from that child 09 kidnapping on or after July 1, 1984, but before the effective date of this Act shall register 10 under and otherwise comply with AS 12.63 by the 60th day after the effective date of this 11 Act. A sex offender or child kidnapper who does not have a conviction for a sex offense, 12 who has only one conviction for a child kidnapping, and who has been unconditionally 13 discharged from a child kidnapping that is a violation of AS 11.41.110(a)(3), before July 1, 14 1984, is not required to register under this Act. 15 (b) A conviction for a sex offense or child kidnapping before the effective date of this 16 Act is a sex offense for the purpose of the duration of registration requirement of 17 AS 12.63.020(a). 18 (c) In this section, "aggravated sex offense," "child kidnapping," "sex offender or child 19 kidnapper," and "sex offense" have the meanings given by AS 12.63.100, as amended by secs. 20 11 - 13 of this Act. 21 * Sec. 16. This Act takes effect immediately under AS 01.10.070(c).