Enrolled HB 6: Relating to cruelty to animals; and relating to aggravating factors at sentencing involving assaultive behavior and cruelty to animals.
00Enrolled HB 6 01 Relating to cruelty to animals; and relating to aggravating factors at sentencing involving 02 assaultive behavior and cruelty to animals. 03 _______________ 04 * Section 1. AS 11.61.140(a) is amended to read: 05 (a) A person commits cruelty to animals if the person 06 (1) knowingly inflicts severe and prolonged physical pain or suffering 07 on an animal; 08 (2) with criminal negligence, fails to care for an animal and, as a result, 09 causes the death of the animal or causes severe physical pain or prolonged suffering to 10 the animal; 11 (3) kills or injures an animal by the use of a decompression chamber; 12 (4) intentionally kills or injures a pet or livestock by the use of poison; 13 [OR] 14 (5) knowingly kills or injures an animal, other than as provided in (1)
01 or (3) of this subsection, with the intent to intimidate, threaten, or terrorize another 02 person; 03 (6) knowingly 04 (A) engages in sexual conduct with an animal; or 05 (B) under circumstances not proscribed under 06 AS 11.41.455, 07 (i) photographs or films, for purposes of sexual 08 gratification, a person engaged in sexual conduct with an animal; 09 or 10 (ii) causes, induces, aids, or encourages another 11 person to engage in sexual conduct with an animal; or 12 (7) intentionally permits sexual conduct with an animal to be 13 conducted on any premises under the person's control. 14 * Sec. 2. AS 11.61.140(f) is amended to read: 15 (f) Except as provided in (g) of this section, cruelty to animals under (a)(2), 16 (5), (6), or (7) of this section is a class A misdemeanor. The court may also 17 (1) require forfeiture of any animal affected to the state or to a 18 custodian that supplies shelter, care, or medical treatment for the animal; 19 (2) require the defendant to reimburse the state or a custodian for all 20 reasonable costs incurred in providing necessary shelter, care, veterinary attention, or 21 medical treatment for any animal affected; 22 (3) prohibit or limit the defendant's ownership, possession, or custody 23 of animals for up to 10 years. 24 * Sec. 3. AS 11.61.140(g) is amended to read: 25 (g) Cruelty to animals under (a)(1), (3), or (4) of this section is a class C 26 felony. Cruelty to animals is also a class C felony if the person is convicted under 27 (a)(2), (5), (6), or (7) of this section and [IF] the person has been previously 28 convicted on one [TWO] or more separate occasions within 10 years of the date of the 29 present offense of a crime under this section, AS 11.61.145(a)(1) or (2), or a law or 30 ordinance of another jurisdiction having elements similar to those offenses. For a 31 conviction under this subsection, the [THE] court may also
01 (1) require forfeiture of any animal affected to the state or to a 02 custodian that supplies shelter, care, or medical treatment for the animal; 03 (2) require the defendant to reimburse the state or a custodian for all 04 reasonable costs incurred in providing necessary shelter, care, veterinary attention, or 05 medical treatment for any animal affected; 06 (3) prohibit or limit the defendant's ownership, possession, or custody 07 of animals for up to 10 years. 08 * Sec. 4. AS 11.61.140 is amended by adding a new subsection to read: 09 (h) In this section, "sexual conduct" means any 10 (1) touching or fondling by a person, either directly or through 11 clothing, of the genitals or anus of an animal or any transfer or transmission of semen 12 by the person on any part of the animal for the purpose of sexual gratification or 13 arousal of the person; 14 (2) contact, however slight, between the mouth, genitals, or anus of a 15 person and the sex organ or anus of an animal, or any intrusion, however slight, of any 16 part of the body of the person into the sex organ or anus of an animal, or any intrusion 17 of the genitals or anus of the person into the mouth of the animal for the purpose of 18 sexual gratification of the person. 19 * Sec. 5. AS 12.55.155(c)(8) is amended to read: 20 (8) the defendant's prior criminal history includes conduct involving 21 aggravated assaultive behavior, [OR] repeated instances of assaultive behavior, 22 repeated instances of cruelty to animals proscribed under AS 11.61.140(a)(1) and 23 (3) - (5), or a combination of assaultive behavior and cruelty to animals 24 proscribed under AS 11.61.140(a)(1) and (3) - (5); in this paragraph, "aggravated 25 assaultive behavior" means assault that is a felony under AS 11.41, or a similar 26 provision in another jurisdiction; 27 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 28 read: 29 APPLICABILITY. The changes to penalties under AS 11.61.140(f) and (g) made by 30 secs. 2 and 3 of this Act and to aggravating factors at sentencing under AS 12.55.155(c)(8) 31 made by sec. 5 of this Act apply to offenses occurring on or after the effective date of this
01 Act.