HB 364: "An Act relating to the crime of harassment; relating to the definition of 'sex offense'; and relating to the penalties for certain offenses."
00 HOUSE BILL NO. 364 01 "An Act relating to the crime of harassment; relating to the definition of 'sex offense'; 02 and relating to the penalties for certain offenses." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.41.260(a) is amended to read: 05 (a) A person commits the crime of stalking in the first degree if the person 06 violates AS 11.41.270 and 07 (1) the actions constituting the offense are in violation of an order 08 issued or filed under AS 18.66.100 - 18.66.180 or issued under former 09 AS 25.35.010(b) or 25.35.020; 10 (2) the actions constituting the offense are in violation of a condition of 11 probation, release before trial, release after conviction, or parole; 12 (3) the victim is under 16 years of age; 13 (4) at any time during the course of conduct constituting the offense, 14 the defendant possessed a deadly weapon;
01 (5) the defendant has been previously convicted of a crime under this 02 section, AS 11.41.270, or AS 11.56.740, or a law or ordinance of this or another 03 jurisdiction with elements similar to a crime under this section, AS 11.41.270, or 04 AS 11.56.740; or 05 (6) the defendant has been previously convicted of a crime, or an 06 attempt or solicitation to commit a crime, under (A) AS 11.41.100 - 11.41.250, 07 11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, 11.61.120, or (B) a 08 law or an ordinance of this or another jurisdiction with elements similar to a crime, or 09 an attempt or solicitation to commit a crime, under AS 11.41.100 - 11.41.250, 10 11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.117, 11.61.118 11 [AS 11.61.118], or 11.61.120, involving the same victim as the present offense. 12 * Sec. 2. AS 11.61 is amended by adding a new section to read: 13 Sec. 11.61.117. Harassment in the first degree. (a) A person commits the 14 crime of harassment in the first degree, if the person violates AS 11.61.118 and the 15 person knowingly directed the conduct constituting the offense at a uniformed or 16 otherwise clearly identified peace officer, firefighter, correctional employee, 17 emergency medical technician, paramedic, ambulance attendant, or other emergency 18 responder or medical professional who was engaged in the performance of official 19 duties at the time of the harassment. 20 (b) In this section, "medical professional" has the meaning given in 21 AS 12.55.135(k). 22 (c) Harassment in the first degree is a class C felony. 23 * Sec. 3. AS 11.61.118 is amended to read: 24 Sec. 11.61.118. Harassment in the second [FIRST] degree. (a) A person 25 commits the crime of harassment in the second [FIRST] degree if 26 (1) the person violates AS 11.61.120(a)(5) and the offensive physical 27 contact is contact with human or animal blood, mucus, saliva, semen, urine, vomitus, 28 or feces; or 29 (2) under circumstances not proscribed under AS 11.41.434 - 30 11.41.440, the person violates AS 11.61.120(a)(5) and the offensive physical contact 31 is contact by the person touching through clothing another person's genitals, buttocks,
01 or female breast. 02 (b) Harassment in the second [FIRST] degree is a class A misdemeanor. 03 * Sec. 4. AS 11.61.120 is amended to read: 04 Sec. 11.61.120. Harassment in the third [SECOND] degree. (a) A person 05 commits the crime of harassment in the third [SECOND] degree if, with intent to 06 harass or annoy another person, that person 07 (1) insults, taunts, or challenges another person in a manner likely to 08 provoke an immediate violent response; 09 (2) telephones another and fails to terminate the connection with intent 10 to impair the ability of that person to place or receive telephone calls; 11 (3) makes repeated telephone calls at extremely inconvenient hours; 12 (4) makes an anonymous or obscene telephone call, an obscene 13 electronic communication, or a telephone call or electronic communication that 14 threatens physical injury or sexual contact; 15 (5) subjects another person to offensive physical contact; or 16 (6) except as provided in AS 11.61.116, publishes or distributes 17 electronic or printed photographs, pictures, or films that show the genitals, anus, or 18 female breast of the other person or show that person engaged in a sexual act. 19 (b) Harassment in the third [SECOND] degree is a class B misdemeanor. 20 * Sec. 5. AS 12.55.125(i) is amended to read: 21 (i) A defendant convicted of 22 (1) sexual assault in the first degree, sexual abuse of a minor in the 23 first degree, or sex trafficking in the first degree under AS 11.66.110(a)(2) may be 24 sentenced to a definite term of imprisonment of not more than 99 years and shall be 25 sentenced to a definite term within the following presumptive ranges, subject to 26 adjustment as provided in AS 12.55.155 - 12.55.175: 27 (A) if the offense is a first felony conviction, the offense does 28 not involve circumstances described in (B) of this paragraph, and the victim 29 was 30 (i) less than 13 years of age, 25 to 35 years; 31 (ii) 13 years of age or older, 20 to 30 years;
01 (B) if the offense is a first felony conviction and the defendant 02 possessed a firearm, used a dangerous instrument, or caused serious physical 03 injury during the commission of the offense, 25 to 35 years; 04 (C) if the offense is a second felony conviction and does not 05 involve circumstances described in (D) of this paragraph, 30 to 40 years; 06 (D) if the offense is a second felony conviction and the 07 defendant has a prior conviction for a sexual felony, 35 to 45 years; 08 (E) if the offense is a third felony conviction and the defendant 09 is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 10 to 60 years; 11 (F) if the offense is a third felony conviction, the defendant is 12 not subject to sentencing under (l) of this section, and the defendant has two 13 prior convictions for sexual felonies, 99 years; 14 (2) unlawful exploitation of a minor under AS 11.41.455(c)(2), online 15 enticement of a minor under AS 11.41.452(e), or attempt, conspiracy, or solicitation to 16 commit sexual assault in the first degree, sexual abuse of a minor in the first degree, or 17 sex trafficking in the first degree under AS 11.66.110(a)(2) may be sentenced to a 18 definite term of imprisonment of not more than 99 years and shall be sentenced to a 19 definite term within the following presumptive ranges, subject to adjustment as 20 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) under 13 years of age, 20 to 30 years; 25 (ii) 13 years of age or older, 15 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, 25 to 35 years; 31 (D) if the offense is a second felony conviction and the
01 defendant has a prior conviction for a sexual felony, 30 to 40 years; 02 (E) if the offense is a third felony conviction, the offense does 03 not involve circumstances described in (F) of this paragraph, and the defendant 04 is not subject to sentencing under (l) of this section, 35 to 50 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 (3) sexual assault in the second degree, sexual abuse of a minor in the 09 second degree, online enticement of a minor under AS 11.41.452(d), unlawful 10 exploitation of a minor under AS 11.41.455(c)(1), or distribution of child pornography 11 under AS 11.61.125(e)(2) may be sentenced to a definite term of imprisonment of not 12 more than 99 years and shall be sentenced to a definite term within the following 13 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 14 (A) if the offense is a first felony conviction, five to 15 years; 15 (B) if the offense is a second felony conviction and does not 16 involve circumstances described in (C) of this paragraph, 10 to 25 years; 17 (C) if the offense is a second felony conviction and the 18 defendant has a prior conviction for a sexual felony, 15 to 30 years; 19 (D) if the offense is a third felony conviction and does not 20 involve circumstances described in (E) of this paragraph, 20 to 35 years; 21 (E) if the offense is a third felony conviction and the defendant 22 has two prior convictions for sexual felonies, 99 years; 23 (4) sexual assault in the third degree, incest, indecent exposure in the 24 first degree, harassment in the first degree under AS 11.61.117 involving the 25 touching through clothing of another person's genitals, buttocks, or female 26 breast, possession of child pornography, distribution of child pornography under 27 AS 11.61.125(e)(1), or attempt, conspiracy, or solicitation to commit sexual assault in 28 the second degree, sexual abuse of a minor in the second degree, unlawful exploitation 29 of a minor, or distribution of child pornography, may be sentenced to a definite term 30 of imprisonment of not more than 99 years and shall be sentenced to a definite term 31 within the following presumptive ranges, subject to adjustment as provided in
01 AS 12.55.155 - 12.55.175: 02 (A) if the offense is a first felony conviction, two to 12 years; 03 (B) if the offense is a second felony conviction and does not 04 involve circumstances described in (C) of this paragraph, eight to 15 years; 05 (C) if the offense is a second felony conviction and the 06 defendant has a prior conviction for a sexual felony, 12 to 20 years; 07 (D) if the offense is a third felony conviction and does not 08 involve circumstances described in (E) of this paragraph, 15 to 25 years; 09 (E) if the offense is a third felony conviction and the defendant 10 has two prior convictions for sexual felonies, 99 years. 11 * Sec. 6. AS 12.55.135(d) is amended to read: 12 (d) A defendant convicted of assault in the fourth degree [OR 13 HARASSMENT IN THE FIRST DEGREE] who knowingly directed the conduct 14 constituting the offense at 15 (1) a uniformed or otherwise clearly identified peace officer, 16 firefighter, correctional employee, emergency medical technician, paramedic, 17 ambulance attendant, or other emergency responder or medical professional who was 18 engaged in the performance of official duties at the time of the assault or harassment 19 shall be sentenced to a minimum term of imprisonment of 20 (A) 90 [60] days if the defendant violated AS 11.41.230(a)(1) 21 or (2) [OR AS 11.61.118]; 22 (B) 30 days if the defendant violated AS 11.41.230(a)(3); 23 (2) a person who was on school grounds during school hours or during 24 a school function or a school-sponsored event, on a school bus, at a school-sponsored 25 event, or in the administrative offices of a school district, if students are educated at 26 that office, shall be sentenced to a minimum term of imprisonment of 60 days if the 27 defendant violated AS 11.41.230(a)(1) or (2); in this paragraph, 28 (A) "school bus" has the meaning given in AS 11.71.900; 29 (B) "school district" has the meaning given in AS 47.07.063; 30 (C) "school grounds" has the meaning given in AS 11.71.900. 31 * Sec. 7. AS 12.55.135 is amended by adding a new subsection to read:
01 (l) A defendant convicted of harassment in the second degree who knowingly 02 directed the conduct constituting the offense at a person who was on school grounds 03 during school hours or during a school function or a school-sponsored event, on a 04 school bus, at a school-sponsored event, or in the administrative offices of a school 05 district, if students are educated at that office, shall be sentenced to a minimum term of 06 imprisonment of 90 days if the defendant violated AS 11.61.118; in this subsection, 07 (1) "school bus" has the meaning given in AS 11.71.900; 08 (2) "school district" has the meaning given in AS 47.07.063; 09 (3) "school grounds" has the meaning given in AS 11.71.900. 10 * Sec. 8. AS 12.63.100(6) is amended to read: 11 (6) "sex offense" means 12 (A) a crime under AS 11.41.100(a)(3), or a similar law of 13 another jurisdiction, in which the person committed or attempted to commit a 14 sexual offense, or a similar offense under the laws of the other jurisdiction; in 15 this subparagraph, "sexual offense" has the meaning given in 16 AS 11.41.100(a)(3); 17 (B) a crime under AS 11.41.110(a)(3), or a similar law of 18 another jurisdiction, in which the person committed or attempted to commit 19 one of the following crimes, or a similar law of another jurisdiction: 20 (i) sexual assault in the first degree; 21 (ii) sexual assault in the second degree; 22 (iii) sexual abuse of a minor in the first degree; or 23 (iv) sexual abuse of a minor in the second degree; or 24 (C) a crime, or an attempt, solicitation, or conspiracy to commit 25 a crime, under the following statutes or a similar law of another jurisdiction: 26 (i) AS 11.41.410 - 11.41.438; 27 (ii) AS 11.41.440(a)(2); 28 (iii) AS 11.41.450 - 11.41.458; 29 (iv) AS 11.41.460 if the indecent exposure is before a 30 person under 16 years of age and the offender has a previous conviction 31 for that offense;
01 (v) AS 11.61.125 - 11.61.128; 02 (vi) AS 11.66.110 or 11.66.130(a)(2) if the person who 03 was induced or caused to engage in prostitution was under 20 years of 04 age at the time of the offense; 05 (vii) former AS 11.15.120, former 11.15.134, or assault 06 with the intent to commit rape under former AS 11.15.160, former 07 AS 11.40.110, or former 11.40.200; 08 (viii) AS 11.61.118(a)(2) if the offender has a previous 09 conviction for that offense; [ OR] 10 (ix) AS 11.66.100(a)(2) if the offender is subject to 11 punishment under AS 11.66.100(c); or 12 (x) AS 11.61.117 if the offense involved the touching 13 through clothing of another person's genitals, buttocks, or female 14 breast; 15 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 16 read: 17 APPLICABILITY. This Act applies to offenses occurring on or after the effective date 18 of this Act.