00               SENATE CS FOR CS FOR HOUSE BILL NO. 258(JUD)                                                             
01 "An Act relating to sexual abuse of a minor in the second degree and to aggravating                                     
02 factors at sentencing for sexual assault and sexual abuse."                                                             
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 11.41.436(a), as amended by sec. 1, HCS CSSB 218(FIN), Twenty-Fourth                               
05 Alaska State Legislature, is amended to read:                                                                           
06            (a)  An offender commits the crime of sexual abuse of a minor in the second                                  
07       degree if,                                                                                                        
08                 (1)  being 17 years of age or older, the offender engages in sexual                                     
09       penetration with a person who is 13, 14, or 15 years of age and at least four years                               
10       younger than the offender, or aids, induces, causes, or encourages a person who is 13,                            
11       14, or 15 years of age and at least four years younger than the offender to engage in                             
12       sexual penetration with another person;                                                                           
13                 (2)  being 16 years of age or older, the offender engages in sexual                                     
14       contact with a person who is under 13 years of age or aids, induces, causes, or                                   

01       encourages a person under 13 years of age to engage in sexual contact with another                                
02       person;                                                                                                           
03                 (3)  being 18 years of age or older, the offender engages in sexual                                     
04       contact with a person who is under 18 years of age, and the offender is the victim's                              
05       natural parent, stepparent, adopted parent, or legal guardian;                                                    
06                 (4)  being 16 years of age or older, the offender aids, induces, causes,                                
07       or encourages a person who is under 16 years of age to engage in conduct described in                             
08       AS 11.41.455(a)(2) - (6);                                                                                         
09                 (5)  being 18 years of age or older, the offender engages in sexual                                     
10       contact with a person who is under 16 years of age, and                                                           
11                      (A)  the victim at the time of the offense is residing in the same                                 
12            household as the offender and the offender has authority over the victim; or                                 
13                      (B)  the offender occupies a position of authority in relation to                                  
14            the victim;                                                                                                  
15                 (6)  being 18 [20] years of age or older, the offender engages in sexual                            
16       penetration with a person who is 16 or 17 years of age and at least three [FOUR]                              
17       years younger than the offender, and the offender occupies a position of authority in                             
18       relation to the victim; or                                                                                        
19                 (7)  being under 16 years of age, the offender engages in sexual                                        
20       penetration with a person who is under 13 years of age and at least three years younger                           
21       than the offender.                                                                                              
22    * Sec. 2. AS 12.55.155(c) is amended by adding a new paragraph to read:                                            
23                 (33)  the offense was a felony specified in AS 11.41.410 - 11.41.455,                                   
24       the defendant had been previously diagnosed as having or having tested positive for                               
25       HIV or AIDS, and the offense either (A) involved penetration, or (B) exposed the                                  
26       victim to a risk or a fear that the offense could result in the transmission of HIV or                            
27       AIDS; in this paragraph, "HIV" and "AIDS" have the meanings given in                                              
28       AS 18.15.310.                                                                                                     
29    * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to                          
30 read:                                                                                                                   
31       APPLICABILITY. This Act applies to offenses occurring on or after the effective date                              

01 of this Act.