CSHB 14(STA): "An Act relating to assault in the first degree; relating to sex offenses; relating to the definition of 'dangerous instrument'; and providing for an aggravating factor at sentencing for strangulation that results in unconsciousness."
00 CS FOR HOUSE BILL NO. 14(STA) 01 "An Act relating to assault in the first degree; relating to sex offenses; relating to the 02 definition of 'dangerous instrument'; and providing for an aggravating factor at 03 sentencing for strangulation that results in unconsciousness." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 11.41.200(a) is amended to read: 06 (a) A person commits the crime of assault in the first degree if 07 (1) that person recklessly causes serious physical injury to another by 08 means of a dangerous instrument; 09 (2) with intent to cause serious physical injury to another, the person 10 causes serious physical injury to any person; 11 (3) the person knowingly engages in conduct that results in serious 12 physical injury to another under circumstances manifesting extreme indifference to the 13 value of human life; [OR] 14 (4) that person recklessly causes serious physical injury to another by
01 repeated assaults using a dangerous instrument, even if each assault individually does 02 not cause serious physical injury; or 03 (5) that person knowingly causes another to become unconscious 04 by means of a dangerous instrument; in this paragraph, "dangerous instrument" 05 has the meaning given in AS 11.81.900(b)(15)(B). 06 * Sec. 2. AS 11.81.900(b)(15) is amended to read: 07 (15) "dangerous instrument" means 08 (A) any deadly weapon or anything that, under the 09 circumstances in which it is used, attempted to be used, or threatened to be 10 used, is capable of causing death or serious physical injury; or 11 (B) hands, other body parts, or other objects when used to 12 impede normal breathing or circulation of blood by applying pressure on the 13 throat or neck or obstructing the nose or mouth; 14 * Sec. 3. AS 11.81.900(b)(60) is amended to read: 15 (60) "sexual contact" means 16 (A) the defendant's 17 (i) knowingly touching, directly or through clothing, the 18 victim's genitals, anus, or female breast; [OR] 19 (ii) knowingly causing the victim to touch, directly or 20 through clothing, the defendant's or victim's genitals, anus, or female 21 breast; or 22 (iii) knowingly causing the victim to come into 23 contact with ejaculate; 24 (B) but "sexual contact" does not include acts 25 (i) that may reasonably be construed to be normal 26 caretaker responsibilities for a child, interactions with a child, or 27 affection for a child; 28 (ii) performed for the purpose of administering a 29 recognized and lawful form of treatment that is reasonably adapted to 30 promoting the physical or mental health of the person being treated; or 31 (iii) that are a necessary part of a search of a person committed to the custody
01 of the Department of Corrections or the Department of Health and Social Services; 02 * Sec. 4. AS 12.55.155(c) is amended to read: 03 (c) The following factors shall be considered by the sentencing court if proven 04 in accordance with this section, and may allow imposition of a sentence above the 05 presumptive range set out in AS 12.55.125: 06 (1) a person, other than an accomplice, sustained physical injury as a 07 direct result of the defendant's conduct; 08 (2) the defendant's conduct during the commission of the offense 09 manifested deliberate cruelty to another person; 10 (3) the defendant was the leader of a group of three or more persons 11 who participated in the offense; 12 (4) the defendant employed a dangerous instrument in furtherance of 13 the offense; 14 (5) the defendant knew or reasonably should have known that the 15 victim of the offense was particularly vulnerable or incapable of resistance due to 16 advanced age, disability, ill health, homelessness, consumption of alcohol or drugs, or 17 extreme youth or was for any other reason substantially incapable of exercising 18 normal physical or mental powers of resistance; 19 (6) the defendant's conduct created a risk of imminent physical injury 20 to three or more persons, other than accomplices; 21 (7) a prior felony conviction considered for the purpose of invoking a 22 presumptive range under this chapter was of a more serious class of offense than the 23 present offense; 24 (8) the defendant's prior criminal history includes conduct involving 25 aggravated assaultive behavior, repeated instances of assaultive behavior, repeated 26 instances of cruelty to animals proscribed under AS 11.61.140(a)(1) and (3) - (5), or a 27 combination of assaultive behavior and cruelty to animals proscribed under 28 AS 11.61.140(a)(1) and (3) - (5); in this paragraph, "aggravated assaultive behavior" 29 means assault that is a felony under AS 11.41, or a similar provision in another 30 jurisdiction; 31 (9) the defendant knew that the offense involved more than one victim;
01 (10) the conduct constituting the offense was among the most serious 02 conduct included in the definition of the offense; 03 (11) the defendant committed the offense under an agreement that the 04 defendant either pay or be paid for the commission of the offense, and the pecuniary 05 incentive was beyond that inherent in the offense itself; 06 (12) the defendant was on release under AS 12.30 for another felony 07 charge or conviction or for a misdemeanor charge or conviction having assault as a 08 necessary element; 09 (13) the defendant knowingly directed the conduct constituting the 10 offense at an active officer of the court or at an active or former judicial officer, 11 prosecuting attorney, law enforcement officer, correctional employee, firefighter, 12 emergency medical technician, paramedic, ambulance attendant, or other emergency 13 responder during or because of the exercise of official duties; 14 (14) the defendant was a member of an organized group of five or 15 more persons, and the offense was committed to further the criminal objectives of the 16 group; 17 (15) the defendant has three or more prior felony convictions; 18 (16) the defendant's criminal conduct was designed to obtain 19 substantial pecuniary gain and the risk of prosecution and punishment for the conduct 20 is slight; 21 (17) the offense was one of a continuing series of criminal offenses 22 committed in furtherance of illegal business activities from which the defendant 23 derives a major portion of the defendant's income; 24 (18) the offense was a felony 25 (A) specified in AS 11.41 and was committed against a spouse, 26 a former spouse, or a member of the social unit made up of those living 27 together in the same dwelling as the defendant; 28 (B) specified in AS 11.41.410 - 11.41.458 and the defendant 29 has engaged in the same or other conduct prohibited by a provision of 30 AS 11.41.410 - 11.41.460 involving the same or another victim; 31 (C) specified in AS 11.41 that is a crime involving domestic
01 violence and was committed in the physical presence or hearing of a child 02 under 16 years of age who was, at the time of the offense, living within the 03 residence of the victim, the residence of the perpetrator, or the residence where 04 the crime involving domestic violence occurred; 05 (D) specified in AS 11.41 and was committed against a person 06 with whom the defendant has a dating relationship or with whom the defendant 07 has engaged in a sexual relationship; or 08 (E) specified in AS 11.41.434 - 11.41.458 or AS 11.61.128 and 09 the defendant was 10 or more years older than the victim; 10 (19) the defendant's prior criminal history includes an adjudication as a 11 delinquent for conduct that would have been a felony if committed by an adult; 12 (20) the defendant was on furlough under AS 33.30 or on parole or 13 probation for another felony charge or conviction that would be considered a prior 14 felony conviction under AS 12.55.145(a)(1)(B); 15 (21) the defendant has a criminal history of repeated instances of 16 conduct violative of criminal laws, whether punishable as felonies or misdemeanors, 17 similar in nature to the offense for which the defendant is being sentenced under this 18 section; 19 (22) the defendant knowingly directed the conduct constituting the 20 offense at a victim because of that person's race, sex, color, creed, physical or mental 21 disability, ancestry, or national origin; 22 (23) the defendant is convicted of an offense specified in AS 11.71 and 23 (A) the offense involved the delivery of a controlled substance 24 under circumstances manifesting an intent to distribute the substance as part of 25 a commercial enterprise; or 26 (B) at the time of the conduct resulting in the conviction, the 27 defendant was caring for or assisting in the care of a child under 10 years of 28 age; 29 (24) the defendant is convicted of an offense specified in AS 11.71 and 30 the offense involved the transportation of controlled substances into the state; 31 (25) the defendant is convicted of an offense specified in AS 11.71 and
01 the offense involved large quantities of a controlled substance; 02 (26) the defendant is convicted of an offense specified in AS 11.71 and 03 the offense involved the distribution of a controlled substance that had been 04 adulterated with a toxic substance; 05 (27) the defendant, being 18 years of age or older, 06 (A) is legally accountable under AS 11.16.110(2) for the 07 conduct of a person who, at the time the offense was committed, was under 18 08 years of age and at least three years younger than the defendant; or 09 (B) is aided or abetted in planning or committing the offense by 10 a person who, at the time the offense was committed, was under 18 years of 11 age and at least three years younger than the defendant; 12 (28) the victim of the offense is a person who provided testimony or 13 evidence related to a prior offense committed by the defendant; 14 (29) the defendant committed the offense for the benefit of, at the 15 direction of, or in association with a criminal street gang; 16 (30) the defendant is convicted of an offense specified in AS 11.41.410 17 - 11.41.455, and the defendant knowingly supplied alcohol or a controlled substance to 18 the victim in furtherance of the offense with the intent to make the victim 19 incapacitated; in this paragraph, "incapacitated" has the meaning given in 20 AS 11.41.470; 21 (31) the defendant's prior criminal history includes convictions for five 22 or more crimes in this or another jurisdiction that are class A misdemeanors under the 23 law of this state, or having elements similar to a class A misdemeanor; two or more 24 convictions arising out of a single continuous episode are considered a single 25 conviction; however, an offense is not a part of a continuous episode if committed 26 while attempting to escape or resist arrest or if it is an assault on a uniformed or 27 otherwise clearly identified peace officer or correctional employee; notice and denial 28 of convictions are governed by AS 12.55.145(b) - (d); 29 (32) the offense is a violation of AS 11.41 or AS 11.46.400 and the 30 offense occurred on school grounds, on a school bus, at a school-sponsored event, or 31 in the administrative offices of a school district if students are educated at that office;
01 in this paragraph, 02 (A) "school bus" has the meaning given in AS 11.71.900; 03 (B) "school district" has the meaning given in AS 47.07.063; 04 (C) "school grounds" has the meaning given in AS 11.71.900; 05 (33) the offense was a felony specified in AS 11.41.410 - 11.41.455, 06 the defendant had been previously diagnosed as having or having tested positive for 07 HIV or AIDS, and the offense either (A) involved penetration, or (B) exposed the 08 victim to a risk or a fear that the offense could result in the transmission of HIV or 09 AIDS; in this paragraph, "HIV" and "AIDS" have the meanings given in 10 AS 18.15.310; 11 (34) the defendant committed the offense on, or to affect persons or 12 property on, the premises of a recognized shelter or facility providing services to 13 victims of domestic violence or sexual assault; 14 (35) the defendant knowingly directed the conduct constituting the 15 offense at a victim because that person was 65 years of age or older; 16 (36) the defendant committed the offense at a health care facility and 17 knowingly directed the conduct constituting the offense at a medical professional 18 during or because of the medical professional's exercise of professional duties; in this 19 paragraph, 20 (A) "health care facility" has the meaning given in 21 AS 18.07.111; 22 (B) "medical professional" has the meaning given in 23 AS 12.55.135(k); 24 (37) the defendant knowingly caused the victim to become 25 unconscious by means of a dangerous instrument; in this paragraph, "dangerous 26 instrument" has the meaning given in AS 11.81.900(b)(15)(B). 27 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 28 read: 29 APPLICABILITY. AS 11.41.200(a), as amended by sec. 1 of this Act, 30 AS 11.81.900(b)(15), as amended by sec. 2 of this Act, AS 11.81.900(b)(60), as amended by 31 sec. 3 of this Act, and AS 12.55.155(c), as amended by sec. 4 of this Act, apply to offenses
01 committed on or after the effective date of this Act.