SB 23: "An Act relating to providing indecent material to minors and to online enticement of a minor."
00 SENATE BILL NO. 23 01 "An Act relating to providing indecent material to minors and to online enticement of a 02 minor." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.61.128(a) is amended to read: 05 (a) A person commits the crime of electronic distribution of indecent material 06 to minors if 07 (1) the person, being 18 years of age or older, knowingly distributes to 08 another person by computer any material that depicts 09 (A) sexual penetration; 10 (B) the lewd exhibition or touching of a person's genitals, 11 anus, or female breast; 12 (C) masturbation; 13 (D) bestiality; or 14 (E) sexual masochism or sadism; [AN ACT DESCRIBED IN
01 AS 11.41.455(a)(1) - (7)] and 02 (2) [(1)] the 03 (A) other person is a child under 16 years of age; or 04 (B) [(2) THE] person believes that the other person is a child 05 under 16 years of age. 06 * Sec. 2. AS 12.55.125(i) is amended to read: 07 (i) A defendant convicted of 08 (1) sexual assault in the first degree or sexual abuse of a minor in the 09 first degree may be sentenced to a definite term of imprisonment of not more than 99 10 years and shall be sentenced to a definite term within the following presumptive 11 ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 12 (A) if the offense is a first felony conviction, the offense does 13 not involve circumstances described in (B) of this paragraph, and the victim 14 was 15 (i) less than 13 years of age, 25 to 35 years; 16 (ii) 13 years of age or older, 20 to 30 years; 17 (B) if the offense is a first felony conviction and the defendant 18 possessed a firearm, used a dangerous instrument, or caused serious physical 19 injury during the commission of the offense, 25 to 35 years; 20 (C) if the offense is a second felony conviction and does not 21 involve circumstances described in (D) of this paragraph, 30 to 40 years; 22 (D) if the offense is a second felony conviction and the 23 defendant has a prior conviction for a sexual felony, 35 to 45 years; 24 (E) if the offense is a third felony conviction and the defendant 25 is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 26 to 60 years; 27 (F) if the offense is a third felony conviction, the defendant is 28 not subject to sentencing under (l) of this section, and the defendant has two 29 prior convictions for sexual felonies, 99 years; 30 (2) attempt, conspiracy, or solicitation to commit sexual assault in the 31 first degree or sexual abuse of a minor in the first degree may be sentenced to a
01 definite term of imprisonment of not more than 99 years and shall be sentenced to a 02 definite term within the following presumptive ranges, subject to adjustment as 03 provided in AS 12.55.155 - 12.55.175: 04 (A) if the offense is a first felony conviction, the offense does 05 not involve circumstances described in (B) of this paragraph, and the victim 06 was 07 (i) under 13 years of age, 20 to 30 years; 08 (ii) 13 years of age or older, 15 to 30 years; 09 (B) if the offense is a first felony conviction and the defendant 10 possessed a firearm, used a dangerous instrument, or caused serious physical 11 injury during the commission of the offense, 25 to 35 years; 12 (C) if the offense is a second felony conviction and does not 13 involve circumstances described in (D) of this paragraph, 25 to 35 years; 14 (D) if the offense is a second felony conviction and the 15 defendant has a prior conviction for a sexual felony, 30 to 40 years; 16 (E) if the offense is a third felony conviction, the offense does 17 not involve circumstances described in (F) of this paragraph, and the defendant 18 is not subject to sentencing under (l) of this section, 35 to 50 years; 19 (F) if the offense is a third felony conviction, the defendant is 20 not subject to sentencing under (l) of this section, and the defendant has two 21 prior convictions for sexual felonies, 99 years; 22 (3) sexual assault in the second degree, sexual abuse of a minor in the 23 second degree, unlawful exploitation of a minor, online enticement of a minor under 24 AS 11.41.452(e), electronic distribution of indecent material to minors under 25 AS 11.61.128(d), or distribution of child pornography may be sentenced to a definite 26 term of imprisonment of not more than 99 years and shall be sentenced to a definite 27 term within the following presumptive ranges, subject to adjustment as provided in 28 AS 12.55.155 - 12.55.175: 29 (A) if the offense is a first felony conviction, five to 15 years; 30 (B) if the offense is a second felony conviction and does not 31 involve circumstances described in (C) of this paragraph, 10 to 25 years;
01 (C) if the offense is a second felony conviction and the 02 defendant has a prior conviction for a sexual felony, 15 to 30 years; 03 (D) if the offense is a third felony conviction and does not 04 involve circumstances described in (E) of this paragraph, 20 to 35 years; 05 (E) if the offense is a third felony conviction and the defendant 06 has two prior convictions for sexual felonies, 99 years; 07 (4) sexual assault in the third degree, incest, indecent exposure in the 08 first degree, possession of child pornography, or attempt, conspiracy, or solicitation to 09 commit sexual assault in the second degree, sexual abuse of a minor in the second 10 degree, unlawful exploitation of a minor, online enticement of a minor under 11 AS 11.41.452(d), electronic distribution of indecent material to minors under 12 AS 11.61.128(c), or distribution of child pornography, may be sentenced to a definite 13 term of imprisonment of not more than 99 years and shall be sentenced to a definite 14 term within the following presumptive ranges, subject to adjustment as provided in 15 AS 12.55.155 - 12.55.175: 16 (A) if the offense is a first felony conviction, two to 12 years; 17 (B) if the offense is a second felony conviction and does not 18 involve circumstances described in (C) of this paragraph, eight to 15 years; 19 (C) if the offense is a second felony conviction and the 20 defendant has a prior conviction for a sexual felony, 12 to 20 years; 21 (D) if the offense is a third felony conviction and does not 22 involve circumstances described in (E) of this paragraph, 15 to 25 years; 23 (E) if the offense is a third felony conviction and the defendant 24 has two prior convictions for sexual felonies, 99 years. 25 * Sec. 3. AS 12.63.100(6) is amended to read: 26 (6) "sex offense" means 27 (A) a crime under AS 11.41.100(a)(3), or a similar law of 28 another jurisdiction, in which the person committed or attempted to commit a 29 sexual offense, or a similar offense under the laws of the other jurisdiction; in 30 this subparagraph, "sexual offense" has the meaning given in 31 AS 11.41.100(a)(3);
01 (B) a crime under AS 11.41.110(a)(3), or a similar law of 02 another jurisdiction, in which the person committed or attempted to commit 03 one of the following crimes, or a similar law of another jurisdiction: 04 (i) sexual assault in the first degree; 05 (ii) sexual assault in the second degree; 06 (iii) sexual abuse of a minor in the first degree; or 07 (iv) sexual abuse of a minor in the second degree; 08 (C) a crime, or an attempt, solicitation, or conspiracy to commit 09 a crime, under the following statutes or a similar law of another jurisdiction: 10 (i) AS 11.41.410 - 11.41.438; 11 (ii) AS 11.41.440(a)(2); 12 (iii) AS 11.41.450 - 11.41.458; 13 (iv) AS 11.41.460 if the indecent exposure is before a 14 person under 16 years of age and the offender has a previous conviction 15 for that offense; 16 (v) AS 11.61.125 - 11.61.128 [AS 11.61.125 OR 17 11.61.127]; 18 (vi) AS 11.66.110 or 11.66.130(a)(2) if the person who 19 was induced or caused to engage in prostitution was 16 or 17 years of 20 age at the time of the offense; or 21 (vii) former AS 11.15.120, former 11.15.134, or assault 22 with the intent to commit rape under former AS 11.15.160, former 23 AS 11.40.110, or former 11.40.200; 24 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 APPLICABILITY AND TRANSITION. (a) Sections 1 and 2 of this Act apply to 27 offenses occurring on or after the effective date of this Act. 28 (b) The changes made to AS 12.63.100(6) by sec. 3 of this Act, apply to offenses and 29 convictions occurring before, on, or after the effective date of this Act. A person convicted of 30 AS 11.61.128 prior to the effective date of this Act shall register under and otherwise comply 31 with AS 12.63 by July 1, 2007.