HB 127: "An Act relating to the crimes of stalking, online enticement of a minor, unlawful exploitation of a minor, endangering the welfare of a child, sending an explicit image of a minor, harassment, distribution of indecent material to minors, and misconduct involving confidential information; relating to probation; and providing for an effective date."
00 HOUSE BILL NO. 127 01 "An Act relating to the crimes of stalking, online enticement of a minor, unlawful 02 exploitation of a minor, endangering the welfare of a child, sending an explicit image of 03 a minor, harassment, distribution of indecent material to minors, and misconduct 04 involving confidential information; relating to probation; and providing for an effective 05 date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 11.41.270(b)(3) is amended to read: 08 (3) "nonconsensual contact" means any contact with another person 09 that is initiated or continued without that person's consent, that is beyond the scope of 10 the consent provided by that person, or that is in disregard of that person's expressed 11 desire that the contact be avoided or discontinued; "nonconsensual contact" includes 12 (A) following or appearing within the sight of that person; 13 (B) approaching or confronting that person in a public place or
01 on private property; 02 (C) appearing at the workplace or residence of that person; 03 (D) entering onto or remaining on property owned, leased, or 04 occupied by that person; 05 (E) contacting that person by telephone; 06 (F) sending mail or electronic communications to that person; 07 (G) placing an object on, or delivering an object to, property 08 owned, leased, or occupied by that person; 09 (H) following or monitoring that person with a global 10 positioning device or similar technological means; 11 (I) using, installing, or attempting to use or install a device 12 for observing, recording, or photographing events occurring in the 13 residence, vehicle, or workplace of that person, or on the personal 14 telephone or computer of that person; 15 * Sec. 2. AS 11.41.270(b) is amended to add a new paragraph to read: 16 (5) "device" includes software. 17 * Sec. 3. AS 11.41.452(d) is amended to read: 18 (d) Except as provided in (e) of this section, online enticement is a class B 19 [CLASS C] felony. 20 * Sec. 4. AS 11.41.452(e) is amended to read: 21 (e) Online enticement is a class A [CLASS B] felony if the defendant was, at 22 the time of the offense, required to register as a sex offender or child kidnapper under 23 AS 12.63 or a similar law of another jurisdiction. 24 * Sec. 5. AS 11.41.455(c) is amended to read: 25 (c) Unlawful exploitation of a minor is a 26 [(1)] class A [CLASS B] felony [; OR 27 (2) CLASS A FELONY IF THE PERSON HAS BEEN 28 PREVIOUSLY CONVICTED OF UNLAWFUL EXPLOITATION OF A MINOR IN 29 THIS JURISDICTION OR A SIMILAR CRIME IN THIS OR ANOTHER 30 JURISDICTION]. 31 * Sec. 6. AS 11.51.100(a) is amended to read:
01 (a) A person commits the crime of endangering the welfare of a child in the 02 first degree if, being a parent, guardian, or other person legally charged with the care 03 of a child under 16 years of age, the person 04 (1) intentionally deserts the child in a place under circumstances 05 creating a substantial risk of physical injury to the child; 06 (2) leaves the child with another person who is not a parent, guardian, 07 or lawful custodian of the child knowing that the person 08 (A) is registered or required to register as a sex offender or 09 child kidnapper under AS 12.63 or a law or ordinance in another jurisdiction 10 with similar requirements; 11 (B) has been charged by complaint, information, or indictment 12 with a violation of AS 11.41.410 - 11.41.455 or a law or ordinance in another 13 jurisdiction with similar elements; or 14 (C) has been charged by complaint, information, or indictment 15 with an attempt, solicitation, or conspiracy to commit a crime described in (B) 16 of this paragraph; or 17 (3) leaves the child with another person knowing that the person has 18 previously physically mistreated or had sexual contact with any child, and the other 19 person causes physical injury or engages in sexual contact with the child. 20 * Sec. 7. AS 11.61 is amended by adding a new section to read: 21 Sec. 11.61.116. Sending an explicit image of a minor. (a) A person commits 22 the crime of sending an explicit image of a minor if the person 23 (1) publishes or distributes an electronic or printed photograph, 24 picture, or film that depicts the genitals, anus, or female breast of a minor under 16 25 years of age; and 26 (2) makes the publication or distribution without the consent of the 27 parent or legal guardian of the minor described in (1) of this subsection. 28 (b) The provisions of (a) of this section do not apply to a minor under 16 years 29 of age who publishes or distributes an electronic or printed photograph, picture, or 30 film that depicts the minor's own genitals, anus, or female breast. 31 (c) Sending an explicit image of a minor is
01 (1) a class B misdemeanor if the person publishes or distributes the 02 depiction to one or two other people; 03 (2) a class A misdemeanor if the person publishes or distributes the 04 depiction to three or more other people; 05 (3) a class C felony if the person publishes or distributes the depiction 06 on the Internet. 07 (d) In this section, "Internet" has the meaning given in AS 11.46.710(d). 08 * Sec. 8. AS 11.61.120(a) is amended to read: 09 (a) A person commits the crime of harassment in the second degree if, with 10 intent to harass or annoy another person, that person 11 (1) insults, taunts, or challenges another person in a manner likely to 12 provoke an immediate violent response; 13 (2) telephones another and fails to terminate the connection with intent 14 to impair the ability of that person to place or receive telephone calls; 15 (3) makes repeated telephone calls at extremely inconvenient hours; 16 (4) makes an anonymous or obscene telephone call, an obscene 17 electronic communication, or a telephone call or electronic communication that 18 threatens physical injury or sexual contact; 19 (5) subjects another person to offensive physical contact; or 20 (6) except as provided in AS 11.61.116, publishes or distributes 21 electronic or printed photographs, pictures, or films that show the genitals, anus, or 22 female breast of the other person or show that person engaged in a sexual act. 23 * Sec. 9. AS 11.61.128(a) is amended to read: 24 (a) A person commits the crime of distribution of indecent material to minors 25 if 26 (1) the person, being 18 years of age or older, knowingly distributes to 27 another person any material that the person knows depicts the following actual or 28 simulated conduct: 29 (A) sexual penetration; 30 (B) the lewd touching of a person's genitals, anus, or female 31 breast;
01 (C) masturbation; 02 (D) bestiality; 03 (E) the lewd exhibition of a person's genitals, anus, or female 04 breast; or 05 (F) sexual masochism or sadism; 06 (2) the material is harmful to minors; and 07 (3) either 08 (A) the other person is a child under 16 years of age and the 09 person is reckless regarding the age of the child; or 10 (B) the person believes that the other person is a child under 16 11 years of age. 12 * Sec. 10. AS 11.76 is amended by adding new sections to read: 13 Sec. 11.76.113. Misconduct involving confidential information in the first 14 degree. (a) A person commits the crime of misconduct involving confidential 15 information in the first degree if the person violates AS 11.76.115 and obtains the 16 confidential information with the intent to 17 (1) use the confidential information to commit a crime; or 18 (2) obtain a benefit to which the person is not entitled, to injure another 19 person, or to deprive another person of a benefit. 20 (b) Conviction under this section does not limit a person's ability to obtain 21 civil relief from another person. 22 (c) Misconduct involving confidential information in the first degree is a class 23 A misdemeanor. 24 Sec. 11.76.115. Misconduct involving confidential information in the 25 second degree. (a) A person commits the crime if misconduct involving confidential 26 information in the second degree if the person, without legal authority or the consent 27 of another person, knowingly obtains confidential information about the other person. 28 (b) In this section, "confidential information" includes 29 (1) information that has been classified confidential by law; 30 (2) information encoded on an access device, identification card issued 31 under AS 18.65.310, or driver's license.
01 (c) Conviction under this section does not limit a person's ability to obtain 02 civil relief from another person. 03 (d) Misconduct involving confidential information in the second degree is a 04 class B misdemeanor. 05 * Sec. 11. AS 12.05 is amended by adding a new section to read: 06 Sec. 12.05.030. Crimes involving minors committed outside state. A person 07 may be prosecuted under the laws of this state for conduct occurring outside the state 08 for a violation of (1) AS 11.41.452, online enticement of a minor, if the other person 09 with whom the defendant communicated was in the state; or (2) AS 11.61.116, 10 sending an explicit image of a minor, if the minor whose image is published or 11 distributed was in the state. This jurisdiction is in addition to any other jurisdictional 12 basis expressed or implied in law. 13 * Sec. 12. AS 12.55.125(i) is amended to read: 14 (i) A defendant convicted of 15 (1) sexual assault in the first degree, sexual abuse of a minor in the 16 first degree, or promoting prostitution in the first degree under AS 11.66.110(a)(2) 17 may be sentenced to a definite term of imprisonment of not more than 99 years and 18 shall be sentenced to a definite term within the following presumptive ranges, subject 19 to adjustment as provided in AS 12.55.155 - 12.55.175: 20 (A) if the offense is a first felony conviction, the offense does 21 not involve circumstances described in (B) of this paragraph, and the victim 22 was 23 (i) less than 13 years of age, 25 to 35 years; 24 (ii) 13 years of age or older, 20 to 30 years; 25 (B) if the offense is a first felony conviction and the defendant 26 possessed a firearm, used a dangerous instrument, or caused serious physical 27 injury during the commission of the offense, 25 to 35 years; 28 (C) if the offense is a second felony conviction and does not 29 involve circumstances described in (D) of this paragraph, 30 to 40 years; 30 (D) if the offense is a second felony conviction and the 31 defendant has a prior conviction for a sexual felony, 35 to 45 years;
01 (E) if the offense is a third felony conviction and the defendant 02 is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 03 to 60 years; 04 (F) if the offense is a third felony conviction, the defendant is 05 not subject to sentencing under (l) of this section, and the defendant has two 06 prior convictions for sexual felonies, 99 years; 07 (2) attempt, conspiracy, or solicitation to commit sexual assault in the 08 first degree, sexual abuse of a minor in the first degree, [OR] promoting prostitution in 09 the first degree under AS 11.66.110(a)(2), unlawful exploitation of a minor, or 10 online enticement of a minor under AS 11.41.452(e) may be sentenced to a definite 11 term of imprisonment of not more than 99 years and shall be sentenced to a definite 12 term within the following presumptive ranges, subject to adjustment as provided in 13 AS 12.55.155 - 12.55.175: 14 (A) if the offense is a first felony conviction, the offense does 15 not involve circumstances described in (B) of this paragraph, and the victim 16 was 17 (i) under 13 years of age, 20 to 30 years; 18 (ii) 13 years of age or older, 15 to 30 years; 19 (B) if the offense is a first felony conviction and the defendant 20 possessed a firearm, used a dangerous instrument, or caused serious physical 21 injury during the commission of the offense, 25 to 35 years; 22 (C) if the offense is a second felony conviction and does not 23 involve circumstances described in (D) of this paragraph, 25 to 35 years; 24 (D) if the offense is a second felony conviction and the 25 defendant has a prior conviction for a sexual felony, 30 to 40 years; 26 (E) if the offense is a third felony conviction, the offense does 27 not involve circumstances described in (F) of this paragraph, and the defendant 28 is not subject to sentencing under (l) of this section, 35 to 50 years; 29 (F) if the offense is a third felony conviction, the defendant is 30 not subject to sentencing under (l) of this section, and the defendant has two 31 prior convictions for sexual felonies, 99 years;
01 (3) sexual assault in the second degree, sexual abuse of a minor in the 02 second degree, online enticement of a minor under AS 11.41.452(d) [UNLAWFUL 03 EXPLOITATION OF A MINOR], or distribution of child pornography may be 04 sentenced to a definite term of imprisonment of not more than 99 years and shall be 05 sentenced to a definite term within the following presumptive ranges, subject to 06 adjustment as provided in AS 12.55.155 - 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, indecent exposure in the 17 first degree, possession of child pornography, or attempt, conspiracy, or solicitation to 18 commit sexual assault in the second degree, sexual abuse of a minor in the second 19 degree, [UNLAWFUL EXPLOITATION OF A MINOR,] or distribution of child 20 pornography, may be sentenced to a definite term of imprisonment of not more than 21 99 years and shall be sentenced to a definite term within the following presumptive 22 ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 23 (A) if the offense is a first felony conviction, two to 12 years; 24 (B) if the offense is a second felony conviction and does not 25 involve circumstances described in (C) of this paragraph, eight to 15 years; 26 (C) if the offense is a second felony conviction and the 27 defendant has a prior conviction for a sexual felony, 12 to 20 years; 28 (D) if the offense is a third felony conviction and does not 29 involve circumstances described in (E) of this paragraph, 15 to 25 years; 30 (E) if the offense is a third felony conviction and the defendant 31 has two prior convictions for sexual felonies, 99 years.
01 * Sec. 13. AS 33.05.020(a) is repealed and reenacted to read: 02 (a) The commissioner shall appoint and make available to the superior court, 03 when ordered under AS 12.55.015(a), a qualified probation officer for the active 04 supervision of a person placed on probation for a felony offense. The commissioner 05 may provide active supervision to a person placed on probation for a misdemeanor 06 offense. 07 * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 APPLICABILITY. (a) Sections 1 - 12 of this Act apply to offenses committed on or 10 after the effective date of this Act. 11 (b) Section 13 of this Act applies to offenses occurring before, on, or after the 12 effective date of this Act. 13 * Sec. 15. This Act takes effect July 1, 2011.