HB 145: "An Act relating to sexual assault, sexual abuse of a minor, and online enticement of a minor."
00 HOUSE BILL NO. 145 01 "An Act relating to sexual assault, sexual abuse of a minor, and online enticement of a 02 minor." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.41.434(a) is amended to read: 05 (a) An offender commits the crime of sexual abuse of a minor in the first 06 degree if 07 (1) being 16 years of age or older, the offender engages in sexual 08 penetration with a person who is under 13 years of age or aids, induces, causes, or 09 encourages a person who is under 13 years of age to engage in sexual penetration with 10 another person; 11 (2) being 18 years of age or older, the offender engages in sexual 12 penetration with a person who is under 18 years of age, and the offender is the victim's 13 natural parent, stepparent, adopted parent, or legal guardian; [OR] 14 (3) being 18 years of age or older, the offender engages in sexual
01 penetration with a person who is under 16 years of age, and 02 (A) the victim at the time of the offense is residing in the same 03 household as the offender and the offender has authority over the victim; or 04 (B) the offender occupies a position of authority in relation to 05 the victim; or 06 (4) being 18 years of age or older, the offender engages in sexual 07 penetration with a person who is under 18 years of age and at least four years 08 younger than the offender. 09 * Sec. 2. AS 11.41.436(a) is amended to read: 10 (a) An offender commits the crime of sexual abuse of a minor in the second 11 degree if, 12 (1) being 17 years of age [OR OLDER], the offender engages in sexual 13 penetration with a person who is 13 [, 14, OR 15] years of age [AND AT LEAST 14 FOUR YEARS YOUNGER THAN THE OFFENDER], or aids, induces, causes, or 15 encourages a person who is 13 [, 14, OR 15] years of age [AND AT LEAST FOUR 16 YEARS YOUNGER THAN THE OFFENDER] to engage in sexual penetration with 17 another person; 18 (2) being 16 years of age or older, the offender engages in sexual 19 contact with a person who is under 13 years of age or aids, induces, causes, or 20 encourages a person under 13 years of age to engage in sexual contact with another 21 person; 22 (3) being 18 years of age or older, the offender engages in sexual 23 contact with a person who is under 18 years of age, and the offender is the victim's 24 natural parent, stepparent, adopted parent, or legal guardian; 25 (4) being 16 years of age or older, the offender aids, induces, causes, 26 or encourages a person who is under 16 years of age to engage in conduct described in 27 AS 11.41.455(a)(2) - (6); 28 (5) being 18 years of age or older, the offender engages in sexual 29 contact with a person who is under 16 years of age, and 30 (A) the victim at the time of the offense is residing in the same 31 household as the offender and the offender has authority over the victim; or
01 (B) the offender occupies a position of authority in relation to 02 the victim; 03 (6) being 18 years of age or older, the offender engages in sexual 04 contact [PENETRATION] with a person who is under 18 [16 OR 17] years of age 05 and at least four [THREE] years younger than the offender [, AND THE OFFENDER 06 OCCUPIES A POSITION OF AUTHORITY IN RELATION TO THE VICTIM]; or 07 (7) being under 16 years of age, the offender engages in sexual 08 penetration with a person who is under 13 years of age and at least three years younger 09 than the offender. 10 * Sec. 3. AS 11.41.438(a) is amended to read: 11 (a) An offender commits the crime of sexual abuse of a minor in the third 12 degree if being 17 years of age [OR OLDER], the offender engages in sexual contact 13 with a person who is 13 [, 14, OR 15] years of age [AND AT LEAST FOUR YEARS 14 YOUNGER THAN THE OFFENDER]. 15 * Sec. 4. AS 12.55.125(i) is amended to read: 16 (i) A defendant convicted of 17 (1) sexual assault in the first degree or sexual abuse of a minor in the 18 first degree may be sentenced to a definite term of imprisonment of not more than 99 19 years and shall be sentenced to a definite term within the following presumptive 20 ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 21 (A) if the offense is a first felony conviction, the offense does 22 not involve circumstances described in (B) of this paragraph, and the victim 23 was 24 (i) less than 13 years of age, 25 to 35 years; 25 (ii) 13 years of age or older, 20 to 30 years; 26 (B) if the offense is a first felony conviction and the defendant 27 possessed a firearm, used a dangerous instrument, or caused serious physical 28 injury during the commission of the offense, 25 to 35 years; 29 (C) if the offense is a second felony conviction and does not 30 involve circumstances described in (D) of this paragraph, 30 to 40 years; 31 (D) if the offense is a second felony conviction and the
01 defendant has a prior conviction for a sexual felony, 35 to 45 years; 02 (E) if the offense is a third felony conviction and the defendant 03 is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 04 to 60 years; 05 (F) if the offense is a third felony conviction, the defendant is 06 not subject to sentencing under (l) of this section, and the defendant has two 07 prior convictions for sexual felonies, 99 years; 08 (2) attempt, conspiracy, or solicitation to commit sexual assault in the 09 first degree or sexual abuse of a minor in the first degree may be sentenced to a 10 definite term of imprisonment of not more than 99 years and shall be sentenced to a 11 definite term within the following presumptive ranges, subject to adjustment as 12 provided in AS 12.55.155 - 12.55.175: 13 (A) if the offense is a first felony conviction, the offense does 14 not involve circumstances described in (B) of this paragraph, and the victim 15 was 16 (i) under 13 years of age, 20 to 30 years; 17 (ii) 13 years of age or older, 15 to 30 years; 18 (B) if the offense is a first felony conviction and the defendant 19 possessed a firearm, used a dangerous instrument, or caused serious physical 20 injury during the commission of the offense, 25 to 35 years; 21 (C) if the offense is a second felony conviction and does not 22 involve circumstances described in (D) of this paragraph, 25 to 35 years; 23 (D) if the offense is a second felony conviction and the 24 defendant has a prior conviction for a sexual felony, 30 to 40 years; 25 (E) if the offense is a third felony conviction, the offense does 26 not involve circumstances described in (F) of this paragraph, and the defendant 27 is not subject to sentencing under (l) of this section, 35 to 50 years; 28 (F) if the offense is a third felony conviction, the defendant is 29 not subject to sentencing under (l) of this section, and the defendant has two 30 prior convictions for sexual felonies, 99 years; 31 (3) sexual assault in the second degree, sexual abuse of a minor in the
01 second degree, online enticement of a minor committed by a person required to 02 register under AS 12.63 or a similar law, unlawful exploitation of a minor, or 03 distribution of child pornography may be sentenced to a definite term of imprisonment 04 of not more than 99 years and shall be sentenced to a definite term within the 05 following presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 06 12.55.175: 07 (A) if the offense is a first felony conviction, five to 15 years; 08 (B) if the offense is a second felony conviction and does not 09 involve circumstances described in (C) of this paragraph, 10 to 25 years; 10 (C) if the offense is a second felony conviction and the 11 defendant has a prior conviction for a sexual felony, 15 to 30 years; 12 (D) if the offense is a third felony conviction and does not 13 involve circumstances described in (E) of this paragraph, 20 to 35 years; 14 (E) if the offense is a third felony conviction and the defendant 15 has two prior convictions for sexual felonies, 99 years; 16 (4) sexual assault in the third degree, incest, online enticement of a 17 minor, indecent exposure in the first degree, possession of child pornography, or 18 attempt, conspiracy, or solicitation to commit sexual assault in the second degree, 19 sexual abuse of a minor in the second degree, unlawful exploitation of a minor, or 20 distribution of child pornography, may be sentenced to a definite term of 21 imprisonment of not more than 99 years and shall be sentenced to a definite term 22 within the following presumptive ranges, subject to adjustment as provided in 23 AS 12.55.155 - 12.55.175: 24 (A) if the offense is a first felony conviction, two to 12 years; 25 (B) if the offense is a second felony conviction and does not 26 involve circumstances described in (C) of this paragraph, eight to 15 years; 27 (C) if the offense is a second felony conviction and the 28 defendant has a prior conviction for a sexual felony, 12 to 20 years; 29 (D) if the offense is a third felony conviction and does not 30 involve circumstances described in (E) of this paragraph, 15 to 25 years; 31 (E) if the offense is a third felony conviction and the defendant
01 has two prior convictions for sexual felonies, 99 years. 02 * Sec. 5. AS 12.63.100(6) is amended to read: 03 (6) "sex offense" means 04 (A) a crime under AS 11.41.100(a)(3), or a similar law of 05 another jurisdiction, in which the person committed or attempted to commit a 06 sexual offense, or a similar offense under the laws of the other jurisdiction; in 07 this subparagraph, "sexual offense" has the meaning given in 08 AS 11.41.100(a)(3); 09 (B) a crime under AS 11.41.110(a)(3), or a similar law of 10 another jurisdiction, in which the person committed or attempted to commit 11 one of the following crimes, or a similar law of another jurisdiction: 12 (i) sexual assault in the first degree; 13 (ii) sexual assault in the second degree; 14 (iii) sexual abuse of a minor in the first degree; or 15 (iv) sexual abuse of a minor in the second degree; 16 (C) a crime, or an attempt, solicitation, or conspiracy to commit 17 a crime, under the following statutes or a similar law of another jurisdiction: 18 (i) AS 11.41.410 - 11.41.438; 19 (ii) former AS 11.41.440(a)(2); 20 (iii) AS 11.41.450 - 11.41.458; 21 (iv) AS 11.41.460 if the indecent exposure is before a 22 person under 16 years of age and the offender has a previous conviction 23 for that offense; 24 (v) AS 11.61.125 or 11.61.127; 25 (vi) AS 11.66.110 or 11.66.130(a)(2) if the person who 26 was induced or caused to engage in prostitution was 16 or 17 years of 27 age at the time of the offense; or 28 (vii) former AS 11.15.120, former 11.15.134, or assault 29 with the intent to commit rape under former AS 11.15.160, former 30 AS 11.40.110, or former 11.40.200; 31 * Sec. 6. AS 11.41.440(a)(2) is repealed.
01 * Sec. 7. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 APPLICABILITY. This Act applies to offenses committed on or after the effective 04 date of this Act.