SB 81: "An Act relating to sexual assault and the definitions of 'sexual contact,' 'sexual penetration,' and 'legal guardian' in AS 11."
00SENATE BILL NO. 81 01 "An Act relating to sexual assault and the definitions of 'sexual contact,' 02 'sexual penetration,' and 'legal guardian' in AS 11." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.41.425(a) is amended to read: 05 (a) An offender commits the crime of sexual assault in the third degree if 06 (1) the offender engages in sexual contact with a person who the 07 offender knows is 08 (A) [(1)] mentally incapable; 09 (B) [(2)] incapacitated; or 10 (C) [(3)] unaware that a sexual act is being committed ; 11 (2) the offender, while employed in a state correctional facility or 12 other placement designated by the commissioner of the Department of Corrections 13 for the custody and care of prisoners, engages in sexual penetration with a person 14 who the offender knows is committed to the custody of the Department of
01 Corrections to serve a term of imprisonment or period of temporary commitment; 02 or 03 (3) the offender engages in sexual penetration with a person 18 or 04 19 years of age who the offender knows is committed to the custody of the 05 Department of Health and Social Services under AS 47.10 or AS 47.12 and the 06 offender is the legal guardian of the person . 07 * Sec. 2. AS 11.41 is amended by adding a new section to read: 08 Sec. 11.41.427. Sexual assault in the fourth degree. (a) An offender 09 commits the crime of sexual assault in the fourth degree if 10 (1) while employed in a state correctional facility or other placement 11 designated by the commissioner of the Department of Corrections for the custody and 12 care of prisoners, the offender engages in sexual contact with a person who the 13 offender knows is committed to the custody of the Department of Corrections to serve 14 a term of imprisonment or period of temporary commitment; or 15 (2) the offender engages in sexual contact with a person 18 or 19 years 16 of age who the offender knows is committed to the custody of the Department of 17 Health and Social Services under AS 47.10 or AS 47.12 and the offender is the legal 18 guardian of the person. 19 (b) Sexual assault in the fourth degree is a class A misdemeanor. 20 * Sec. 3. AS 11.41.470(3) is amended to read: 21 (3) "legal guardian" means a person who is under a duty to exercise 22 general supervision over a minor or other person committed to the custody of the 23 Department of Health and Social Services under AS 47.10 or AS 47.12 as a result 24 of a court order, statute, or regulation, and includes Department of Health and Social 25 Services employees, foster parents , and staff members and other employees of group 26 homes or youth [CORRECTIONAL] facilities where the minor or other person [A 27 CHILD] is placed as a result of a court order or the action of the Department of 28 Health and Social Services [DIVISION OF FAMILY AND YOUTH SERVICES], 29 and police officers , [AND] probation officers , and social workers when those persons 30 [OFFICERS] are exercising custodial control over a minor or other person . 31 * Sec. 4. AS 11.81.900(b)(55) is amended to read:
01 (55) "sexual contact" means 02 (A) the defendant's 03 (i) knowingly touching, directly or through clothing, the 04 victim's genitals, anus, or female breast; or 05 (ii) knowingly causing the victim to touch, directly or 06 through clothing, the defendant's or victim's genitals, anus, or female 07 breast; 08 (B) but "sexual contact" does not include acts 09 (i) that may reasonably be construed to be normal 10 caretaker responsibilities for a child, interactions with a child, or 11 affection for a child; [OR] 12 (ii) performed for the purpose of administering a 13 recognized and lawful form of treatment that is reasonably adapted to 14 promoting the physical or mental health of the person being treated; or 15 (iii) that are a necessary part of a search of a person 16 committed to the custody of the Department of Corrections or the 17 Department of Health and Social Services; 18 * Sec. 5. AS 11.81.900(b)(56) is amended to read: 19 (56) "sexual penetration" means 20 (A) genital intercourse, cunnilingus, fellatio, anal intercourse, 21 or an intrusion, however slight, of an object or any part of a person's body into 22 the genital or anal opening of another person's body; 23 (B) but "sexual penetration" does not include acts 24 (i) performed for the purpose of administering a 25 recognized and lawful form of treatment that is reasonably adapted to 26 promoting the physical health of the person being treated; or 27 (ii) that are a necessary part of a search of a person 28 committed to the custody of the Department of Corrections or the 29 Department of Health and Social Services; 30 (C) each party to any of the acts defined as "sexual penetration" 31 is considered to be engaged in sexual penetration;