HB 112: "An Act relating to sexual assault by a peace officer against a person who is a victim, witness, or perpetrator of a crime."
00 HOUSE BILL NO. 112 01 "An Act relating to sexual assault by a peace officer against a person who is a victim, 02 witness, or perpetrator of a crime." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.41.425(a) is amended to read: 05 (a) An offender commits the crime of sexual assault in the third degree if the 06 offender 07 (1) engages in sexual contact with a person who the offender knows is 08 (A) mentally incapable; 09 (B) incapacitated; or 10 (C) unaware that a sexual act is being committed; 11 (2) while employed in a state correctional facility or other placement 12 designated by the commissioner of corrections for the custody and care of prisoners, 13 engages in sexual penetration with a person who the offender knows is committed to 14 the custody of the Department of Corrections to serve a term of imprisonment or
01 period of temporary commitment; 02 (3) engages in sexual penetration with a person 18 or 19 years of age 03 who the offender knows is committed to the custody of the Department of Health and 04 Social Services under AS 47.10 or AS 47.12 and the offender is the legal guardian of 05 the person; 06 (4) while employed in the state by a law enforcement agency as a 07 peace officer, or while acting as a peace officer in the state, engages in sexual 08 penetration with a person with reckless disregard that the person is in the custody or 09 the apparent custody of the offender, [OR] is committed to the custody of a law 10 enforcement agency, or is the victim, witness, or perpetrator of a crime under 11 investigation by the offender; 12 (5) while employed by the state or a municipality of the state as a 13 probation officer or parole officer, or while acting as a probation officer or parole 14 officer in the state, engages in sexual penetration with a person with reckless disregard 15 that the person is on probation or parole; or 16 (6) while employed as a juvenile probation officer or as a juvenile 17 facility staff, engages in sexual penetration with a person 18 or 19 years of age with 18 reckless disregard that the person is committed to the custody or probationary 19 supervision of the Department of Health and Social Services. 20 * Sec. 2. AS 11.41.427(a) is amended to read: 21 (a) An offender commits the crime of sexual assault in the fourth degree if 22 (1) while employed in a state correctional facility or other placement 23 designated by the commissioner of corrections for the custody and care of prisoners, 24 the offender engages in sexual contact with a person who the offender knows is 25 committed to the custody of the Department of Corrections to serve a term of 26 imprisonment or period of temporary commitment; 27 (2) the offender engages in sexual contact with a person 18 or 19 years 28 of age who the offender knows is committed to the custody of the Department of 29 Health and Social Services under AS 47.10 or AS 47.12 and the offender is the legal 30 guardian of the person; 31 (3) while employed in the state by a law enforcement agency as a
01 peace officer, or while acting as a peace officer in the state, the offender engages in 02 sexual contact with a person with reckless disregard that the person is in the custody or 03 the apparent custody of the offender, [OR] is committed to the custody of a law 04 enforcement agency, or is the victim, witness, or perpetrator of a crime under 05 investigation by the offender; 06 (4) while employed by the state or a municipality of the state as a 07 probation officer or parole officer, or while acting as a probation officer or parole 08 officer in the state, the offender engages in sexual contact with a person with reckless 09 disregard that the person is on probation or parole; or 10 (5) while employed as a juvenile probation officer or as a juvenile 11 facility staff, the offender engages in sexual contact with a person 18 or 19 years of 12 age with reckless disregard that the person is committed to the custody or probationary 13 supervision of the Department of Health and Social Services. 14 * Sec. 3. AS 11.41.432(c) is amended to read: 15 (c) It is an affirmative defense to a crime charged under 16 (1) AS 11.41.425(a)(5) or 11.41.427(a)(4) that the offender and the 17 person on probation or parole had, before the person was placed on probation or 18 parole, a dating relationship or a sexual relationship, and the relationship continued 19 until the date of the alleged offense; 20 (2) AS 11.41.425(a)(4) or 11.41.427(a)(3) that the offender and the 21 person who is a victim, witness, or perpetrator of a crime under investigation by 22 the offender had, before the person was a victim, witness, or perpetrator of a 23 crime under investigation by the offender, a dating or sexual relationship, and 24 the relationship continued until the date the person became the victim, witness, 25 or perpetrator of a crime under investigation by the offender. 26 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 27 read: 28 APPLICABILITY. This Act applies to offenses committed on or after the effective 29 date of this Act.