SSSB 223: "An Act relating to sexual abuse of a minor and to sex offenders and child kidnappers; and providing for an effective date."
00 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 223 01 "An Act relating to sexual abuse of a minor and to sex offenders and child kidnappers; 02 and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 09.55.650(c) is amended to read: 05 (c) In this section, "sexual abuse" means an act committed by the defendant 06 against the plaintiff maintaining the cause of action if the defendant's conduct would 07 have violated a provision of AS 11.41.410 - 11.41.438 [AS 11.41.410 - 11.41.440] or 08 11.41.450 - 11.41.458, former AS 11.15.120, 11.15.134, or 11.15.160, [OR] former 09 AS 11.40.110, or former AS 11.41.440 at the time it was committed. 10 * Sec. 2. AS 11.41.436(a) is amended to read: 11 (a) An offender commits the crime of sexual abuse of a minor in the second 12 degree if, 13 (1) being 16 years of age or older, the offender engages in sexual 14 penetration with a person who is 13, 14, or 15 years of age and at least three years
01 younger than the offender, or aids, induces, causes or encourages a person who is 13, 02 14, or 15 years of age and at least three years younger than the offender to engage in 03 sexual penetration with another person; 04 (2) being 16 years of age or older, the offender engages in sexual 05 contact with a person who is under 13 years of age or aids, induces, causes, or 06 encourages a person under 13 years of age to engage in sexual contact with another 07 person; 08 (3) being 18 years of age or older, the offender engages in sexual 09 contact with a person who is under 18 years of age, and the offender is the victim's 10 natural parent, stepparent, adopted parent, or legal guardian; 11 (4) being 16 years of age or older, the offender aids, induces, causes, 12 or encourages a person who is under 16 years of age to engage in conduct described in 13 AS 11.41.455(a)(2) - (6); [OR] 14 (5) being 18 years of age or older, the offender engages in sexual 15 contact with a person who is under 16 years of age, and 16 (A) the victim at the time of the offense is residing in the same 17 household as the offender and the offender has authority over the victim; or 18 (B) the offender occupies a position of authority in relation to 19 the victim; 20 (6) being 18 years of age or older, the offender engages in sexual 21 penetration with a person who is 16 or 17 years of age and at least three years 22 younger than the offender, and the offender occupies a position of authority in 23 relation to the victim; or 24 (7) being under 16 years of age, the offender engages in sexual 25 penetration with a person who is under 13 years of age and at least three years 26 younger than the offender. 27 * Sec. 3. AS 11.41.438(a) is amended to read: 28 (a) An offender commits the crime of sexual abuse of a minor in the third 29 degree if, 30 (1) being 16 years of age or older, the offender engages in sexual 31 contact with a person who is 13, 14, or 15 years of age and at least three years younger
01 than the offender; 02 (2) being 18 years of age or older, the offender engages in sexual 03 contact [PENETRATION] with a person who is 16 or 17 years of age and at least 04 three years younger than the offender, and the offender occupies a position of 05 authority in relation to the victim; or 06 (3) being under 16 years of age, the offender engages in sexual contact 07 [PENETRATION] with a person who is under 13 years of age and at least three years 08 younger than the offender. 09 * Sec. 4. AS 11.41.445 is amended to read: 10 Sec. 11.41.445. General provisions. (a) In a prosecution under AS 11.41.434 - 11 11.41.438 [AS 11.41.434 - 11.41.440] it is an affirmative defense that, at the time of 12 the alleged offense, the victim was the legal spouse of the defendant unless the offense 13 was committed without the consent of the victim. 14 (b) In a prosecution under AS 11.41.434 - 11.41.438 [AS 11.41.410 - 15 11.41.440], whenever a provision of law defining an offense depends upon a victim's 16 being under a certain age, it is an affirmative defense that, at the time of the alleged 17 offense, the defendant 18 (1) reasonably believed the victim to be that age or older; and 19 (2) undertook reasonable measures to verify that the victim was that 20 age or older. 21 * Sec. 5. AS 11.56 is amended by adding a new section to read: 22 Sec. 11.56.767. Failure to report sex offender or child kidnapper. (a) A 23 person commits the crime of failure to report a sex offender or child kidnapper if the 24 person 25 (1) recklessly disregards the fact that a sex offender or child kidnapper 26 has not complied with the requirements of AS 11.56.840; and 27 (2) fails to report the location of that sex offender or child kidnapper to 28 the Department of Public Safety. 29 (b) Failure to report a sex offender or child kidnapper is a class C felony. 30 * Sec. 6. AS 11.56.835(b) is amended to read: 31 (b) In a prosecution under (a)(2) of this section, the fact that the defendant, for
01 a period of at least one year, failed to register as or report as required for a sex 02 offender or child kidnapper, failed to file the annual or quarterly written verification, 03 or changed the sex offender's or child kidnapper's address and did not file the required 04 notice of change of address, is prima facie evidence that the defendant intended to 05 escape detection or identification and, by escaping detection or identification, to 06 facilitate the person's commission of a sex offense or child kidnapping. 07 * Sec. 7. AS 11.56.835(d) is amended to read: 08 (d) Failure to register as a sex offender or child kidnapper in the first degree is 09 a class B [C] felony. 10 * Sec. 8. AS 11.56.840 is amended to read: 11 Sec. 11.56.840. Failure to register as a sex offender or child kidnapper in 12 the second degree. (a) A person commits the crime of failure to register as a sex 13 offender or child kidnapper in the second degree if the person knowingly fails to (1) 14 register or report, (2) file the written notice of change of address, (3) file the annual 15 or quarterly written verification, or (4) supply all of the information required to be 16 submitted under (1) - (3) of this subsection, as required in AS 12.63.010. 17 (b) Failure to register as a sex offender or child kidnapper in the second degree 18 is a class C felony [A MISDEMEANOR]. 19 * Sec. 9. AS 12.55.125(i) is amended to read: 20 (i) A defendant convicted of 21 (1) sexual 22 (A) assault in the first degree [OR SEXUAL ABUSE OF A 23 MINOR IN THE FIRST DEGREE] may be sentenced to a definite term of 24 imprisonment of not more than 99 years and shall be sentenced to a definite 25 term within the following presumptive ranges, subject to adjustment as 26 provided in AS 12.55.155 - 12.55.175: 27 (i) [(A)] if the offense is a first felony conviction and 28 does not involve circumstances described in (ii) [(B)] of this 29 subparagraph [PARAGRAPH], eight to 12 years; 30 (ii) [(B)] if the offense is a first felony conviction and 31 the defendant possessed a firearm, used a dangerous instrument, or
01 caused serious physical injury during the commission of the offense, 12 02 to 16 years; 03 (iii) [(C)] if the offense is a second felony conviction 04 and does not involve circumstances described in (iv) [(D)] of this 05 subparagraph [PARAGRAPH], 15 to 20 years; 06 (iv) [(D)] if the offense is a second felony conviction 07 and the defendant has a prior conviction for a sexual felony, 20 to 30 08 years; 09 (v) [(E)] if the offense is a third felony conviction and 10 the defendant is not subject to sentencing under (vi) [(F)] of this 11 subparagraph [PARAGRAPH] or (l) of this section, 25 to 35 years; 12 (vi) [(F)] if the offense is a third felony conviction, the 13 defendant is not subject to sentencing under (l) of this section, and the 14 defendant has two prior convictions for sexual felonies, 30 to 40 years; 15 (B) abuse of a minor in the first degree may be sentenced to 16 a definite term of imprisonment of not more than 99 years and shall be 17 sentenced to a definite term within the following presumptive ranges, 18 subject to adjustment as provided in AS 12.55.155 - 12.55.175, or to the 19 definite term specified: 20 (i) if the offense is a first felony conviction and does 21 not involve circumstances described in (ii) of this subparagraph, 25 22 to 99 years; 23 (ii) if the offense is a first felony conviction and the 24 defendant possessed a firearm, used a dangerous instrument, or 25 caused serious physical injury during the commission of the 26 offense, 35 to 99 years; 27 (iii) if the offense is a second felony conviction and 28 the defendant is not subject to sentencing under (v) of this 29 subparagraph, 35 to 99 years; 30 (iv) if the offense is a third felony conviction and the 31 defendant is not subject to sentencing under (v) of this
01 subparagraph or (l) of this section, 40 to 99 years; 02 (v) if the offense is a second or greater felony 03 conviction and the defendant has a prior conviction for a sexual 04 felony, 99 years; 05 (2) attempt, conspiracy, or solicitation to commit sexual 06 (A) assault in the first degree [OR SEXUAL ABUSE OF A 07 MINOR IN THE FIRST DEGREE] may be sentenced to a definite term of 08 imprisonment of not more than 30 years and shall be sentenced to a definite 09 term within the following presumptive ranges, subject to adjustment as 10 provided in AS 12.55.155 - 12.55.175: 11 (i) [(A)] if the offense is a first felony conviction and 12 does not involve circumstances described in (ii) [(B)] of this 13 subparagraph [PARAGRAPH], five to eight years; 14 (ii) [(B)] if the offense is a first felony conviction, and 15 the defendant possessed a firearm, used a dangerous instrument, or 16 caused serious physical injury during the commission of the offense, 10 17 to 14 years; 18 (iii) [(C)] if the offense is a second felony conviction 19 and does not involve circumstances described in (iv) [(D)] of this 20 subparagraph [PARAGRAPH], 12 to 16 years; 21 (iv) [(D)] if the offense is a second felony conviction 22 and the defendant has a prior conviction for a sexual felony, 15 to 20 23 years; 24 (v) [(E)] if the offense is a third felony conviction, does 25 not involve circumstances described in (vi) [(F)] of this subparagraph 26 [PARAGRAPH], and the defendant is not subject to sentencing under 27 (l) of this section, 15 to 25 years; 28 (vi) [(F)] if the offense is a third felony conviction, the 29 defendant is not subject to sentencing under (l) of this section, and the 30 defendant has two prior convictions for sexual felonies, 20 to 30 years; 31 (B) abuse of a minor in the first degree may be sentenced to
01 a definite term of imprisonment of not more than 99 years and shall be 02 sentenced to a definite term within the following presumptive ranges, 03 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 04 (i) if the offense is a first felony conviction and does 05 not involve circumstances described in (ii) of this subparagraph, 10 06 to 20 years; 07 (ii) if the offense is a first felony conviction, and the 08 defendant possessed a firearm, used a dangerous instrument, or 09 caused serious physical injury during the commission of the 10 offense, 15 to 30 years; 11 (iii) if the offense is a second felony conviction and 12 the defendant is not subject to sentencing under (v) of this 13 subparagraph, 15 to 30 years; 14 (iv) if the offense is a third felony conviction and the 15 defendant is not subject to sentencing under (v) of this 16 subparagraph or (l) of this section, 20 to 35 years; 17 (v) if the offense is a second or greater felony 18 conviction and the defendant has a prior conviction for a sexual 19 felony, 25 to 99 years; 20 (3) sexual 21 (A) assault in the second degree, [SEXUAL ABUSE OF A 22 MINOR IN THE SECOND DEGREE,] unlawful exploitation of a minor, or 23 distribution of child pornography may be sentenced to a definite term of 24 imprisonment of not more than 20 years and shall be sentenced to a definite 25 term within the following presumptive ranges, subject to adjustment as 26 provided in AS 12.55.155 - 12.55.175: 27 (i) [(A)] if the offense is a first felony conviction, two to 28 four years; 29 (ii) [(B)] if the offense is a second felony conviction 30 and does not involve circumstances described in (iii) [(C)] of this 31 subparagraph [PARAGRAPH], five to eight years;
01 (iii) [(C)] if the offense is a second felony conviction 02 and the defendant has a prior conviction for a sexual felony, 10 to 14 03 years; 04 (iv) [(D)] if the offense is a third felony conviction and 05 does not involve circumstances described in (v) [(E)] of this 06 subparagraph [PARAGRAPH], 10 to 14 years; 07 (v) [(E)] if the offense is a third felony conviction and 08 the defendant has two prior convictions for sexual felonies, 15 to 20 09 years; 10 (B) abuse of a minor in the second degree may be sentenced 11 to a definite term of imprisonment of not more than 99 years and shall be 12 sentenced to a definite term within the following presumptive ranges, 13 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 14 (i) if the offense is a first felony conviction, 10 to 20 15 years; 16 (ii) if the offense is a second felony conviction and 17 the defendant is not subject to sentencing under (iv) of this 18 subparagraph, 13 to 25 years; 19 (iii) if the offense is a third felony conviction and the 20 defendant is not subject to sentencing under (iv) of this 21 subparagraph, 17 to 30 years; 22 (iv) if the offense is a second or greater felony 23 conviction and the defendant has a prior conviction for a sexual 24 felony, 25 to 99 years; 25 (4) sexual 26 (A) assault in the third degree, incest, indecent exposure in the 27 first degree, possession of child pornography, or attempt, conspiracy, or 28 solicitation to commit sexual assault in the second degree, sexual abuse of a 29 minor in the second degree, unlawful exploitation of a minor, or distribution of 30 child pornography, may be sentenced to a definite term of imprisonment of not 31 more than 10 years and shall be sentenced to a definite term within the
01 following presumptive ranges, subject to adjustment as provided in 02 AS 12.55.155 - 12.55.175: 03 (i) [(A)] if the offense is a first felony conviction, one to 04 two years; 05 (ii) [(B)] if the offense is a second felony conviction 06 and does not involve circumstances described in (iii) [(C)] of this 07 subparagraph [PARAGRAPH], two to five years; 08 (iii) [(C)] if the offense is a second felony conviction 09 and the defendant has a prior conviction for a sexual felony, three to six 10 years; 11 (iv) [(D)] if the offense is a third felony conviction and 12 does not involve circumstances described in (v) [(E)] of this 13 subparagraph [PARAGRAPH], three to six years; 14 (v) [(E)] if the offense is a third felony conviction and 15 the defendant has two prior convictions for sexual felonies, six to 10 16 years; 17 (B) abuse of a minor in the third degree may be sentenced 18 to a definite term of imprisonment of not more than 25 years and shall be 19 sentenced to a definite term within the following presumptive ranges, 20 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 21 (i) if the offense is a first felony conviction, five to 10 22 years; 23 (ii) if the offense is a second felony conviction and 24 the defendant is not subject to sentencing under (iv) of this 25 subparagraph, seven to 15 years; 26 (iii) if the offense is a third felony conviction and the 27 defendant is not subject to sentencing under (iv) of this 28 subparagraph, nine to 20 years; 29 (iv) if the offense is a second or greater felony 30 conviction and the defendant has a prior conviction for a sexual 31 felony, 10 to 25 years.
01 * Sec. 10. AS 12.55.125 is amended by adding a new subsection to read: 02 (o) In addition to the sentence imposed under (i) of this section on a defendant 03 convicted of sexual abuse of a minor in the first, second, or third degree, or attempt, 04 conspiracy, or solicitation to commit sexual abuse of a minor in the first or second 05 degree, the court shall impose a period of probation that continues for the remainder of 06 the natural life of the defendant. If a defendant is released from confinement in a 07 correctional facility, the defendant is subject to this probation requirement and shall 08 submit and comply with the terms and requirements of the probation, which must 09 include intensive monitoring of the defendant under requirements set by the 10 Department of Corrections. 11 * Sec. 11. AS 12.63.010(d) is amended to read: 12 (d) A sex offender or child kidnapper required to register 13 (1) for 15 years under (a) of this section and AS 12.63.020(a)(2) shall, 14 every six months [ANNUALLY], during the term of a duty to register under 15 AS 12.63.020, on a date set by the department at the time of the sex offender's or child 16 kidnapper's initial registration, report in person to the Alaska state trooper post or 17 municipal police department located nearest to the sex offender's or child 18 kidnapper's residence and shall provide quarterly written verification to the 19 department, in the manner required by the department, of the sex offender's or child 20 kidnapper's address and notice of any changes to the information previously provided 21 under (b)(1) of this section; 22 (2) for life under (a) of this section and AS 12.63.020(a)(1) shall, not 23 less than every six months, report in person to the Alaska state trooper post or 24 municipal police department located nearest to the sex offender's or child 25 kidnapper's residence and shall quarterly, on a date set by the department, provide 26 written verification to the department, in the manner required by the department, of the 27 sex offender's or child kidnapper's address and any changes to the information 28 previously provided under (b)(1) of this section. 29 * Sec. 12. AS 12.63.100(6) is amended to read: 30 (6) "sex offense" means 31 (A) a crime under AS 11.41.100(a)(3), or a similar law of
01 another jurisdiction, in which the person committed or attempted to commit a 02 sexual offense, or a similar offense under the laws of the other jurisdiction; in 03 this subparagraph, "sexual offense" has the meaning given in 04 AS 11.41.100(a)(3); 05 (B) a crime under AS 11.41.110(a)(3), or a similar law of 06 another jurisdiction, in which the person committed or attempted to commit 07 one of the following crimes, or a similar law of another 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; 12 (C) a crime, or an attempt, solicitation, or conspiracy to commit 13 a crime, under the following statutes or a similar law of another jurisdiction: 14 (i) AS 11.41.410 - 11.41.438; 15 (ii) former AS 11.41.440(a)(2); 16 (iii) AS 11.41.450 - 11.41.458; 17 (iv) AS 11.41.460 if the indecent exposure is before a 18 person under 16 years of age and the offender has a previous conviction 19 for that offense; 20 (v) AS 11.61.125 or 11.61.127; 21 (vi) AS 11.66.110 or 11.66.130(a)(2) if the person who 22 was induced or caused to engage in prostitution was 16 or 17 years of 23 age at the time of the offense; or 24 (vii) former AS 11.15.120, former 11.15.134, or assault 25 with the intent to commit rape under former AS 11.15.160, former 26 AS 11.40.110, or former 11.40.200; 27 * Sec. 13. AS 18.16.060(d) is amended to read: 28 (d) Notwithstanding (a) of this section, informed consent that meets the 29 requirements of (a) - (c) of this section is not required in the case of a medical 30 emergency or if the pregnancy is the result of sexual assault under AS 11.41.410 - 31 11.41.427, sexual abuse of a minor under AS 11.41.434 - 11.41.438 [AS 11.41.434 -
01 11.41.440], incest under AS 11.41.450, or an offense under a law of another 02 jurisdiction with elements similar to one of these offences. In this subsection, "medical 03 emergency" means a condition that, on the basis of a physician's good faith clinical 04 judgment, so complicates the medical condition of a pregnant woman that 05 (1) the immediate termination of the woman's pregnancy is necessary 06 to avert the woman's death; or 07 (2) a delay in providing an abortion will create serious risk of 08 substantial and irreversible impairment of a major bodily function of the woman. 09 * Sec. 14. AS 25.23.240(9) is amended to read: 10 (9) "sexual abuse of a minor" means a sexual offense defined in 11 AS 11.41.434, 11.41.436, or 11.41.438 [, OR 11.41.440]; 12 * Sec. 15. AS 28.15.046(c) is amended to read: 13 (c) The department may not issue a license under this section to an applicant 14 who has been convicted of any of the following offenses within 20 years of the time of 15 application: 16 (1) sexual abuse of a minor in any degree under AS 11.41.434 - 17 11.41.438 [AS 11.41.434 - 11.41.440]; 18 (2) sexual assault in any degree under AS 11.41.410 - 11.41.425; 19 (3) incest under AS 11.41.450; 20 (4) unlawful exploitation of a minor under AS 11.41.455; 21 (5) contributing to the delinquency of a minor under AS 11.51.130; 22 (6) a felony involving possession of a controlled or imitation 23 controlled substance under AS 11.71 or AS 11.73; 24 (7) a felony or misdemeanor involving distribution of a controlled or 25 imitation controlled substance under AS 11.71 or AS 11.73; 26 (8) promoting prostitution in the first or second degree under 27 AS 11.66.110 or 11.66.120; 28 (9) indecent exposure in the first or second degree under AS 11.41.458 29 or 11.41.460. 30 * Sec. 16. AS 33.20.010(a) is amended to read: 31 (a) Notwithstanding AS 12.55.125(f)(3) and 12.55.125(g)(3), a prisoner
01 convicted of an offense against the state or a political subdivision of the state and 02 sentenced to a term of imprisonment that exceeds three days is entitled to a deduction 03 of one-third of the term of imprisonment rounded off to the nearest day if the prisoner 04 follows the rules of the correctional facility in which the prisoner is confined. A 05 prisoner is not eligible for a good time deduction if the prisoner has been sentenced 06 (1) to a mandatory 99-year term of imprisonment under 07 AS 12.55.125(a) after June 27, 1996; 08 (2) to a definite term under AS 12.55.125(l); [OR] 09 (3) for a sexual felony under AS 12.55.125(i) and has one or more 10 prior sexual felony convictions as determined under AS 12.55.145(a)(4); or 11 (4) for sexual abuse of a minor in any degree. 12 * Sec. 17. AS 11.41.440 is repealed. 13 * Sec. 18. This Act takes effect immediately under AS 01.10.070(c).