Enrolled HB 52: Relating to the crime of distribution of child pornography and to the forfeiture of property used to possess or distribute child pornography, to commit indecent viewing or photography, to commit a sex offense, or to solicit the commission of, attempt to commit, or conspire to commit possession or distribution of child pornography, indecent viewing or photography, or a sexual offense.
00Enrolled HB 52 01 Relating to the crime of distribution of child pornography and to the forfeiture of property 02 used to possess or distribute child pornography, to commit indecent viewing or photography, 03 to commit a sex offense, or to solicit the commission of, attempt to commit, or conspire to 04 commit possession or distribution of child pornography, indecent viewing or photography, or 05 a sexual offense. 06 _______________ 07 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 08 to read: 09 INTENT. The forfeitures contemplated by secs. 2 and 4 of this Act are intended to be 10 forfeitures imposed in connection with conviction for a crime. The legislature intends for the 11 forfeiture to be ordered to the commissioner of public safety or other law enforcement agency. 12 Further, the legislature intends for the courts to continue to provide hearings to interested 13 persons who have an ownership interest in equipment subject to forfeiture under this Act and
01 to allow for remission to innocent nonnegligent third parties as applied in State v. Rice, 626 02 P.2d 104 (Alaska 1981), Fehir v. State, 755 P.2d 1107 (Alaska 1988), and Baum v. State, 24 03 P.3d 577 (Alaska App. 2001). 04 * Sec. 2. AS 11.41 is amended by adding a new section to read: 05 Sec. 11.41.468. Forfeiture of property used in sexual offense. (a) Property 06 used to aid a violation of AS 11.41.410 - 11.41.458 or to aid the solicitation of, 07 attempt to commit, or conspiracy to commit a violation of AS 11.41.410 - 11.41.458 08 may be forfeited to the state upon the conviction of the offender. 09 (b) In this section, "property" means computer equipment, 10 telecommunications equipment, photography equipment, video or audio equipment, 11 books, magazines, photographs, videotapes, audiotapes, and any equipment or device, 12 regardless of format or technology employed, that can be used to store, create, modify, 13 receive, transmit, or distribute digital or analog information, including images, motion 14 pictures, and sounds. 15 * Sec. 3. AS 11.61.125(d) is amended to read: 16 (d) In this section, "distribution" includes the following, whether or not for 17 monetary or other consideration: delivering, selling, renting, leasing, lending, 18 giving, circulating, exhibiting, presenting, providing, exchanging, [AND] placing on a 19 computer network or computer system, and providing billing collection, or other 20 ancillary services for or otherwise supporting these activities [WHETHER OR 21 NOT FOR MONETARY OR OTHER CONSIDERATION]. 22 * Sec. 4. AS 11.61 is amended by adding a new section to read: 23 Sec. 11.61.129. Forfeiture of property used in indecent viewing or 24 photography or child pornography. (a) Property used to aid a violation of 25 AS 11.61.123 - 11.61.127 or to aid the solicitation of, attempt to commit, or 26 conspiracy to commit a violation of AS 11.61.123 - 11.61.127 may be forfeited to the 27 state upon the conviction of the offender. 28 (b) In this section, "property" has the meaning given in AS 11.41.468. 29 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 30 read: 31 APPLICABILITY. The changes to the definition of "distribution" made in sec. 3 of
01 this Act apply to offenses occurring on or after the effective date of this Act.