CSSB 35(JUD): "An Act relating to sexual assault; eliminating marriage as a defense to certain crimes of sexual assault; relating to sexual abuse of a minor; relating to enticement of a minor; relating to unlawful exploitation of a minor; relating to indecent exposure; relating to harassment; relating to indecent viewing or production of a picture; relating to the distribution of child pornography; relating to sentencing; relating to prior convictions; amending the definitions of 'most serious felony,' 'sexual felony,' 'sex offense,' and 'sex offender'; relating to the automated victim notification system; relating to the duty to register as a sex offender or child kidnapper; relating to reporting of child abuse or neglect; and providing for an effective date."
00 CS FOR SENATE BILL NO. 35(JUD) 01 "An Act relating to sexual assault; eliminating marriage as a defense to certain crimes of 02 sexual assault; relating to sexual abuse of a minor; relating to enticement of a minor; 03 relating to unlawful exploitation of a minor; relating to indecent exposure; relating to 04 harassment; relating to indecent viewing or production of a picture; relating to the 05 distribution of child pornography; relating to sentencing; relating to prior convictions; 06 amending the definitions of 'most serious felony,' 'sexual felony,' 'sex offense,' and 'sex 07 offender'; relating to the automated victim notification system; relating to the duty to 08 register as a sex offender or child kidnapper; relating to reporting of child abuse or 09 neglect; and providing for an effective date." 10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 11 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 12 to read:
01 LEGISLATIVE FINDINGS AND INTENT FOR SECS. 21, 22, AND 29 OF THIS 02 ACT. (a) The legislature finds that the legislature did not intend, by enacting ch. 90, SLA 03 2003, and the legislature does not now intend by enacting this Act, to place a limitation on 04 which previous convictions may be considered when imposing a sentence under 05 AS 12.55.125(i), as amended by sec. 21 of this Act. 06 (b) It is the intent of the legislature that AS 12.55.145(a), as amended by sec. 22 of 07 this Act, overturn the decision of the Alaska Court of Appeals in Williams v. State, 418 P.3d 08 870 (Alaska Ct. App. 2018) to the extent that the decision held that, when imposing a 09 sentence under AS 12.55.125(i), as amended by sec. 21 of this Act, a prior felony conviction 10 should not be considered if 10 or more years has elapsed between the date of the defendant's 11 unconditional discharge on the immediately preceding offense and the date the defendant 12 committed the present offense unless the prior conviction was for an unclassified or class A 13 felony. 14 (c) It is the intent of the legislature that all prior felony convictions be considered 15 when imposing a sentence under AS 12.55.125(i), as amended by sec. 21 of this Act, 16 regardless of the amount of time that has passed since each conviction. 17 (d) The legislature finds that 18 (1) protecting the public from sex offenders serves a compelling governmental 19 interest, and that the release of certain information about sex offenders to public agencies and 20 the general public assists in protecting the public; 21 (2) a sex offender who is required to register as a sex offender in the state 22 where the person was convicted may relocate to this state for various reasons; 23 (3) the Alaska Supreme Court's narrow interpretation of the state's sex 24 offender registration requirements in its decision in State, Department of Public Safety v. 25 Doe, 425 P.3d 115 (Alaska 2018) hinders the state's ability to protect the public from sex 26 offenders who may come to this state in that it requires a person to register as a sex offender 27 in this state only if that person has been convicted of an offense that is similar to a sex offense 28 as defined in AS 12.63.100, as amended by sec. 29 of this Act. 29 (e) It is the intent of the legislature to overturn State, Department of Public Safety v. 30 Doe, 425 P.3d 115 (Alaska 2018) to the extent that the decision held that a sex offender 31 required to register in another jurisdiction is not required to register in the state unless the
01 person's underlying conviction is similar to a sex offense as defined in AS 12.63.100, as 02 amended by sec. 29 of this Act. Additionally, it is the intent of the legislature to give 03 reciprocity to other jurisdictions and require a sex offender who is physically present in the 04 state and is required to register as a sex offender in another jurisdiction to register as a sex 05 offender in the state regardless of whether the person's underlying conviction is similar to a 06 sex offense as defined in AS 12.63.100, as amended by sec. 29 of this Act. 07 (f) It is the intent of the legislature that the Department of Public Safety make 08 additional resources available to expand investigations of online exploitation of children. 09 * Sec. 2. AS 11.41.420(a) is amended to read: 10 (a) An offender commits the crime of sexual assault in the second degree if 11 (1) the offender engages in sexual contact with another person without 12 consent of that person; 13 (2) the offender engages in sexual contact with a person 14 (A) who the offender knows is mentally incapable; and 15 (B) who is in the offender's care 16 (i) by authority of law; or 17 (ii) in a facility or program that is required by law to be 18 licensed by the state; 19 (3) the offender engages in sexual penetration with a person who [THE 20 OFFENDER KNOWS] is 21 (A) mentally incapable; 22 (B) incapacitated; or 23 (C) unaware that a sexual act is being committed; or 24 (4) the offender engages in sexual contact with a person who the 25 offender knows is unaware that a sexual act is being committed and 26 (A) the offender is a health care worker; and 27 (B) the offense takes place during the course of professional 28 treatment of the victim. 29 * Sec. 3. AS 11.41.425(a) is amended to read: 30 (a) An offender commits the crime of sexual assault in the third degree if the 31 offender
01 (1) engages in sexual contact with a person who [THE OFFENDER 02 KNOWS] is 03 (A) mentally incapable; 04 (B) incapacitated; or 05 (C) unaware that a sexual act is being committed; 06 (2) while employed in a state correctional facility or other placement 07 designated by the commissioner of corrections for the custody and care of prisoners, 08 engages in sexual penetration with a person who the offender knows is committed to 09 the custody of the Department of Corrections to serve a term of imprisonment or 10 period of temporary commitment; 11 (3) engages in sexual penetration with a person 18 or 19 years of age 12 who the offender knows is committed to the custody of the Department of Health and 13 Social Services under AS 47.10 or AS 47.12 and the offender is the legal guardian of 14 the person; 15 (4) while employed in the state by a law enforcement agency as a 16 peace officer, or while acting as a peace officer in the state, engages in sexual 17 penetration with a person with reckless disregard that the person is in the custody or 18 the apparent custody of the offender, or is committed to the custody of a law 19 enforcement agency; 20 (5) while employed by the state or a municipality of the state as a 21 probation officer or parole officer, or while acting as a probation officer or parole 22 officer in the state, engages in sexual penetration with a person with reckless disregard 23 that the person is on probation or parole; or 24 (6) while employed as a juvenile probation officer or as a juvenile 25 facility staff, engages in sexual penetration with a person 18 or 19 years of age with 26 reckless disregard that the person is committed to the custody or probationary 27 supervision of the Department of Health and Social Services. 28 * Sec. 4. AS 11.41.432(b) is amended to read: 29 (b) Except as provided in (d) [(a)] of this section, in a prosecution under 30 AS 11.41.410 - 11.41.427 [AS 11.41.410 OR 11.41.420], it is not a defense that the 31 victim was, at the time of the alleged offense, the legal spouse of the defendant.
01 * Sec. 5. AS 11.41.432 is amended by adding a new subsection to read: 02 (d) It is a defense to a crime charged under AS 11.41.425(a)(2) - (5) or 03 11.41.427 that the offender is married to the person and neither party has filed with the 04 court for separation, divorce, or dissolution of the marriage. 05 * Sec. 6. AS 11.41.438(b) is amended to read: 06 (b) Except as provided in (c) of this section, sexual [SEXUAL] abuse of a 07 minor in the third degree is a class C felony, punishable as provided in 08 AS 12.55.125(e). 09 * Sec. 7. AS 11.41.438 is amended by adding a new subsection to read: 10 (c) Sexual abuse of a minor in the third degree is a class C felony, punishable 11 under AS 12.55.125(i), if, at the time of the offense, the victim was at least six years 12 younger than the offender. 13 * Sec. 8. AS 11.41.452(a) is amended to read: 14 (a) A person commits the crime of [ONLINE] enticement of a minor if the 15 person, being 18 years of age or older, knowingly communicates [USES A 16 COMPUTER TO COMMUNICATE] with another person to entice, solicit, or 17 encourage the person to engage in an act described in AS 11.41.455(a)(1) - (7) and 18 (1) the other person is a child under 16 years of age; or 19 (2) the person believes that the other person is a child under 16 years 20 of age. 21 * Sec. 9. AS 11.41.452(d) is amended to read: 22 (d) Except as provided in (e) of this section, [ONLINE] enticement of a minor 23 is a class B felony. 24 * Sec. 10. AS 11.41.452(e) is amended to read: 25 (e) Enticement of a minor [ONLINE ENTICEMENT] is a class A felony if 26 the defendant was, at the time of the offense, required to register as a sex offender or 27 child kidnapper under AS 12.63 or a similar law of another jurisdiction. 28 * Sec. 11. AS 11.41.455(c) is amended to read: 29 (c) Unlawful exploitation of a minor is [A] 30 (1) a class A [CLASS B] felony; or 31 (2) an unclassified [CLASS A] felony if the
01 (A) person has been previously convicted of unlawful 02 exploitation of a minor in this jurisdiction or a similar crime in this or another 03 jurisdiction; or 04 (B) minor who is exploited is under 13 years of age at the 05 time the exploitation occurs. 06 * Sec. 12. AS 11.41.458 is amended to read: 07 Sec. 11.41.458. Indecent exposure in the first degree. (a) An offender 08 commits the crime of indecent exposure in the first degree if the offender violates 09 AS 11.41.460(a) [, THE OFFENSE OCCURS WITHIN THE OBSERVATION OF A 10 PERSON UNDER 16 YEARS OF AGE], and 11 (1) while committing the act constituting the offense, the offender 12 knowingly masturbates; or 13 (2) the offender has been previously convicted under 14 (A) this section; 15 (B) AS 11.41.460(a); or 16 (C) a law or ordinance of this or another jurisdiction with 17 elements similar to a crime listed under (A) or (B) of this paragraph. 18 (b) Indecent exposure in the first degree 19 (1) is a class C felony; or 20 (2) is a class B felony if the offense occurs within the observation of 21 a person under 16 years of age. 22 * Sec. 13. AS 11.61.120(a) is amended to read: 23 (a) A person commits the crime of harassment in the second degree if, with 24 intent to harass or annoy another person, that person 25 (1) insults, taunts, or challenges another person in a manner likely to 26 provoke an immediate violent response; 27 (2) telephones another and fails to terminate the connection with intent 28 to impair the ability of that person to place or receive telephone calls; 29 (3) makes repeated telephone calls at extremely inconvenient hours; 30 (4) makes an anonymous or obscene telephone call, an obscene 31 electronic communication, or a telephone call or electronic communication that
01 threatens physical injury or sexual contact; 02 (5) subjects another person to offensive physical contact; 03 (6) except as provided in AS 11.61.116, publishes or distributes 04 electronic or printed photographs, pictures, or films that show the genitals, anus, or 05 female breast of the other person or show that person engaged in a sexual act; [OR] 06 (7) repeatedly sends or publishes an electronic communication that 07 insults, taunts, challenges, or intimidates a person under 18 years of age in a manner 08 that places the person in reasonable fear of physical injury; or 09 (8) under circumstances not proscribed under AS 11.41.455 or 10 AS 11.61.125, repeatedly sends to another person, publishes, or distributes 11 electronic or printed photographs, pictures, or films that show the genitals of any 12 person. 13 * Sec. 14. AS 11.61.123(a) is amended to read: 14 (a) A person commits the crime of indecent viewing or production of a 15 picture [PHOTOGRAPHY] if, in the state, the person knowingly 16 (1) views, or views [PRODUCES] a picture of, the private exposure of 17 the genitals, anus, or female breast of another person and the viewing 18 (A) is of a person who [VIEW OR PRODUCTION IS 19 WITHOUT THE KNOWLEDGE OR CONSENT OF 20 (1) THE PARENT OR GUARDIAN OF THE PERSON VIEWED, 21 OR WHO IS SHOWN IN THE PICTURE, IF THE PERSON WHO IS VIEWED OR 22 SHOWN] is under 16 years of age; or 23 (B) occurs without the knowledge or consent of [AND (2)] 24 the person viewed or shown in the picture, if the person viewed or shown is at 25 least 16 [13] years of age; or 26 (2) produces a picture of the private exposure of the genitals, anus, 27 or female breast of another person and the production 28 (A) is of a person who is under 16 years of age; or 29 (B) occurs without the knowledge or consent of the person 30 shown in the picture if the person shown is at least 16 years of age. 31 * Sec. 15. AS 11.61.123(c) is amended to read:
01 (c) This section does not apply to the viewing or production of a picture 02 [PHOTOGRAPHY] conducted by a law enforcement agency for a law enforcement 03 purpose. 04 * Sec. 16. AS 11.61.123(d) is amended to read: 05 (d) In a prosecution under this section, it is an affirmative defense that the 06 viewing or production of a picture [PHOTOGRAPHY] was conducted as a security 07 surveillance system, notice of the viewing or production [PHOTOGRAPHY] was 08 posted, and any viewing or use of pictures produced is done only in the interest of 09 crime prevention or prosecution. 10 * Sec. 17. AS 11.61.123(f) is amended to read: 11 (f) Indecent viewing or production of a picture [PHOTOGRAPHY] is a 12 (1) class B felony if the person violates (a)(2) of this section and the 13 person shown in the picture was, at the time of the production of the picture, a 14 minor; 15 (2) [(1)] class C felony if the person 16 (A) violates (a)(1) of this section and the person viewed 17 (i) [OR SHOWN IN A PICTURE] was, at the time of 18 the viewing [OR PRODUCTION OF THE PICTURE], a minor; 19 (ii) in a picture was, at the time of the production of 20 the picture, a minor; or 21 (B) violates (a)(2) of this section and the person shown in a 22 picture was, at the time of the production of the picture, an adult; 23 (3) [(2)] class A misdemeanor if the person violates (a)(1) of this 24 section and the person viewed 25 (A) [OR SHOWN IN A PICTURE] was, at the time of the 26 viewing [OR PRODUCTION OF THE PICTURE], an adult; or 27 (B) in a picture was, at the time of the production of the 28 picture, an adult. 29 * Sec. 18. AS 11.61.123 is amended by adding a new subsection to read: 30 (g) The provisions of this section do not apply to acts 31 (1) that may reasonably be construed to be normal caretaker
01 responsibilities for a child, interactions with a child, or affection for a child; or 02 (2) performed for the purpose of administering a recognized and lawful 03 form of treatment that is reasonably adapted to promoting the physical or mental 04 health of the person being treated. 05 * Sec. 19. AS 11.81.900(b) is amended by adding a new paragraph to read: 06 (68) "semen" means fluid produced in the male reproductive organs, 07 which may include spermatozoa. 08 * Sec. 20. AS 12.55.015 is amended by adding a new subsection to read: 09 (l) In making a determination under (a)(12) of this section for a defendant 10 convicted of a crime involving a sex offense as defined in AS 12.63.100 or a crime 11 involving domestic violence as defined in AS 18.66.990, there is a presumption that, 12 unless the court finds on the record that contact between a defendant and the victim of 13 the offense is necessary, the court shall order the defendant to have no contact, either 14 directly or indirectly, with the victim until the defendant is unconditionally discharged. 15 * Sec. 21. AS 12.55.125(i) is amended to read: 16 (i) A defendant convicted of 17 (1) sexual assault in the first degree, sexual abuse of a minor in the 18 first degree, unlawful exploitation of a minor under AS 11.41.455(c)(2), or sex 19 trafficking in the first degree under AS 11.66.110(a)(2) may be sentenced to a definite 20 term of imprisonment of not more than 99 years and shall be sentenced to a definite 21 term within the following presumptive ranges, subject to adjustment as provided in 22 AS 12.55.155 - 12.55.175: 23 (A) if the offense is a first felony conviction, the offense does 24 not involve circumstances described in (B) of this paragraph, and the victim 25 was 26 (i) less than 13 years of age, 25 to 35 years; 27 (ii) 13 years of age or older, 20 to 30 years; 28 (B) if the offense is a first felony conviction and the defendant 29 possessed a firearm, used a dangerous instrument, or caused serious physical 30 injury during the commission of the offense, 25 to 35 years; 31 (C) if the offense is a second felony conviction and does not
01 involve circumstances described in (D) of this paragraph, 30 to 40 years; 02 (D) if the offense is a second felony conviction and the 03 defendant has a prior conviction for a sexual felony, 35 to 45 years; 04 (E) if the offense is a third felony conviction and the defendant 05 is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 06 to 60 years; 07 (F) if the offense is a third felony conviction, the defendant is 08 not subject to sentencing under (l) of this section, and the defendant has two 09 prior convictions for sexual felonies, 99 years; 10 (2) unlawful exploitation of a minor under AS 11.41.455(c)(1), 11 [AS 11.41.455(c)(2), ONLINE] enticement of a minor under AS 11.41.452(e), or 12 attempt, conspiracy, or solicitation to commit sexual assault in the first degree, sexual 13 abuse of a minor in the first degree, or sex trafficking in the first degree under 14 AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 15 than 99 years and shall be sentenced to a definite term within the following 16 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 17 (A) if the offense is a first felony conviction, the offense does 18 not involve circumstances described in (B) of this paragraph, and the victim 19 was 20 (i) under 13 years of age, 20 to 30 years; 21 (ii) 13 years of age or older, 15 to 30 years; 22 (B) if the offense is a first felony conviction and the defendant 23 possessed a firearm, used a dangerous instrument, or caused serious physical 24 injury during the commission of the offense, 25 to 35 years; 25 (C) if the offense is a second felony conviction and does not 26 involve circumstances described in (D) of this paragraph, 25 to 35 years; 27 (D) if the offense is a second felony conviction and the 28 defendant has a prior conviction for a sexual felony, 30 to 40 years; 29 (E) if the offense is a third felony conviction, the offense does 30 not involve circumstances described in (F) of this paragraph, and the defendant 31 is not subject to sentencing under (l) of this section, 35 to 50 years;
01 (F) if the offense is a third felony conviction, the defendant is 02 not subject to sentencing under (l) of this section, and the defendant has two 03 prior convictions for sexual felonies, 99 years; 04 (3) sexual assault in the second degree, sexual abuse of a minor in the 05 second degree, [ONLINE] enticement of a minor under AS 11.41.452(d), indecent 06 exposure in the first degree under AS 11.41.458(b)(2) [UNLAWFUL 07 EXPLOITATION OF A MINOR UNDER AS 11.41.455(c)(1)], or distribution of 08 child pornography under AS 11.61.125(e)(2) may be sentenced to a definite term of 09 imprisonment of not more than 99 years and shall be sentenced to a definite term 10 within the following presumptive ranges, subject to adjustment as provided in 11 AS 12.55.155 - 12.55.175: 12 (A) if the offense is a first felony conviction and does not 13 involve the circumstances described in (B) of this paragraph, five to 15 14 years; 15 (B) if the offense is a first conviction under 16 AS 11.61.125(e)(2), the defendant hosted, created, or helped host or create 17 a mechanism for multi-party sharing or distribution of child 18 pornography, or received a financial benefit or had a financial interest in 19 a child pornography sharing or distribution mechanism, 10 - 25 years; 20 (C) if the offense is a second felony conviction and does not 21 involve circumstances described in (D) [(C)] of this paragraph, 10 to 25 years; 22 (D) [(C)] if the offense is a second felony conviction and the 23 defendant has a prior conviction for a sexual felony, 15 to 30 years; 24 (E) [(D)] if the offense is a third felony conviction and does not 25 involve circumstances described in (F) [(E)] of this paragraph, 20 to 35 years; 26 (F) [(E)] if the offense is a third felony conviction and the 27 defendant has two prior convictions for sexual felonies, 99 years; 28 (4) sexual assault in the third degree, sexual abuse of a minor in the 29 third degree under AS 11.41.438(c), incest, indecent exposure in the first degree 30 under AS 11.41.458(b)(1), indecent viewing or production of a picture under 31 AS 11.61.123(f)(1) or (2), possession of child pornography, distribution of child
01 pornography under AS 11.61.125(e)(1), or attempt, conspiracy, or solicitation to 02 commit sexual assault in the second degree, sexual abuse of a minor in the second 03 degree, unlawful 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 and does not 08 involve the circumstances described in (B) of this paragraph, two to 12 09 years; 10 (B) if the offense is a first felony conviction under 11 AS 11.61.125(e)(1), four to 12 years; 12 (C) if the offense is a second felony conviction and does not 13 involve circumstances described in (D) [(C)] of this paragraph, eight to 15 14 years; 15 (D) [(C)] if the offense is a second felony conviction and the 16 defendant has a prior conviction for a sexual felony, 12 to 20 years; 17 (E) [(D)] if the offense is a third felony conviction and does not 18 involve circumstances described in (F) [(E)] of this paragraph, 15 to 25 years; 19 (F) [(E)] if the offense is a third felony conviction and the 20 defendant has two prior convictions for sexual felonies, 99 years. 21 * Sec. 22. AS 12.55.145(a) is amended to read: 22 (a) For purposes of considering prior convictions in imposing sentence under 23 (1) AS 12.55.125(c), (d), or (e), 24 (A) a prior conviction may not be considered if a period of 10 25 or more years has elapsed between the date of the defendant's unconditional 26 discharge on the immediately preceding offense and commission of the present 27 offense unless the prior conviction was for an unclassified or class A felony; 28 (B) a conviction in this or another jurisdiction of an offense 29 having elements similar to those of a felony defined as such under Alaska law 30 at the time the offense was committed is considered a prior felony conviction; 31 (C) two or more convictions arising out of a single, continuous
01 criminal episode during which there was no substantial change in the nature of 02 the criminal objective are considered a single conviction unless the defendant 03 was sentenced to consecutive sentences for the crimes; offenses committed 04 while attempting to escape or avoid detection or apprehension after the 05 commission of another offense are not part of the same criminal episode or 06 objective; 07 (2) AS 12.55.125(l), 08 (A) a conviction in this or another jurisdiction of an offense 09 having elements similar to those of a most serious felony is considered a prior 10 most serious felony conviction; 11 (B) commission of and conviction for offenses relied on as 12 prior most serious felony offenses must occur in the following order: 13 conviction for the first offense must occur before commission of the second 14 offense, and conviction for the second offense must occur before commission 15 of the offense for which the defendant is being sentenced; 16 (3) AS 12.55.135(g), 17 (A) a prior conviction may not be considered if a period of five 18 or more years has elapsed between the date of the defendant's unconditional 19 discharge on the immediately preceding offense and commission of the present 20 offense unless the prior conviction was for an unclassified or class A felony; 21 (B) a conviction in this or another jurisdiction of an offense 22 having elements similar to those of a crime against a person or a crime 23 involving domestic violence is considered a prior conviction; 24 (C) two or more convictions arising out of a single, continuous 25 criminal episode during which there was no substantial change in the nature of 26 the criminal objective are considered a single conviction unless the defendant 27 was sentenced to consecutive sentences for the crimes; offenses committed 28 while attempting to escape or avoid detection or apprehension after the 29 commission of another offense are not part of the same criminal episode or 30 objective; 31 (4) AS 12.55.125(i),
01 (A) a conviction in this or another jurisdiction of an offense 02 having elements similar to those of a sexual felony is a prior conviction for a 03 sexual felony; 04 (B) a felony conviction in another jurisdiction making it a 05 crime to commit any lewd and lascivious act on [UPON] a child under the age 06 of 16 years, with the intent of arousing, appealing to, or gratifying the sexual 07 desires of the defendant or the victim is a prior conviction for a sexual felony; 08 (C) two or more convictions arising out of a single, continuous 09 criminal episode during which there was no substantial change in the nature of 10 the criminal objective are considered a single conviction unless the defendant 11 was sentenced to consecutive sentences for the crimes; offenses committed 12 while attempting to escape or avoid detection or apprehension after the 13 commission of another offense are not part of the same criminal episode or 14 objective; 15 (D) a conviction in this or another jurisdiction of an offense 16 having elements similar to those of a felony defined as such under Alaska 17 law at the time the offense was committed is considered a prior felony 18 conviction; 19 (5) AS 12.55.135(a), 20 (A) a prior conviction may not be considered if a period of five 21 or more years has elapsed between the date of the defendant's unconditional 22 discharge on the immediately preceding offense and commission of the present 23 offense unless the prior conviction was for an unclassified or class A felony; 24 (B) a conviction in this or another jurisdiction of an offense 25 having elements similar to those of a felony or misdemeanor defined as such 26 under Alaska law at the time the offense was committed is considered a prior 27 conviction; 28 (C) two or more convictions arising out of a single, continuous 29 criminal episode during which there was no substantial change in the nature of 30 the criminal objective are considered a single conviction unless the defendant 31 was sentenced to consecutive sentences for the crimes; offenses committed
01 while attempting to escape or avoid detection or apprehension after the 02 commission of another offense are not part of the same criminal episode or 03 objective. 04 * Sec. 23. AS 12.55.185(10) is amended to read: 05 (10) "most serious felony" means 06 (A) arson in the first degree, sex trafficking in the first degree 07 under AS 11.66.110(a)(2), [ONLINE] enticement of a minor under 08 AS 11.41.452(e), or any unclassified or class A felony prescribed under 09 AS 11.41; or 10 (B) an attempt, or conspiracy to commit, or criminal 11 solicitation under AS 11.31.110 of, an unclassified felony prescribed under 12 AS 11.41; 13 * Sec. 24. AS 12.55.185(16) is amended to read: 14 (16) "sexual felony" means sexual assault in the first degree, sexual 15 abuse of a minor in the first degree, sex trafficking in the first degree, sexual assault in 16 the second degree, sexual abuse of a minor in the second degree, sexual abuse of a 17 minor in the third degree under AS 11.41.438(c), unlawful exploitation of a minor, 18 indecent viewing or production of a picture under AS 11.61.123(f)(1) or (2), 19 distribution of child pornography, sexual assault in the third degree, incest, indecent 20 exposure in the first degree, possession of child pornography, [ONLINE] enticement 21 of a minor, and felony attempt, conspiracy, or solicitation to commit those crimes; 22 * Sec. 25. AS 12.61.050 is amended by adding a new subsection to read: 23 (c) Through the automated victim notification system established in (a) of this 24 section, the Department of Corrections shall notify a victim of a sex offense as defined 25 in AS 12.63.100 or a crime involving domestic violence as defined in AS 18.66.990 of 26 the option to request a protective order under AS 18.65.850 or AS 18.66.100 and 27 provide contact information for state victim resources, including the Council on 28 Domestic Violence and Sexual Assault, the Alaska Network on Domestic Violence 29 and Sexual Assault, the Office of Victims' Rights, and the Violent Crimes 30 Compensation Board. This notification must occur when the offender of the victim is 31 released from incarceration or when the order under AS 12.55.015(l) expires,
01 whichever is later. 02 * Sec. 26. AS 12.63.010(d) is amended to read: 03 (d) A sex offender or child kidnapper required to register 04 (1) for 15 years under (a) of this section and AS 12.63.020 05 [AS 12.63.020(a)(2)] shall, annually, during the term of a duty to register under 06 AS 12.63.020, on a date set by the department at the time of the sex offender's or child 07 kidnapper's initial registration, provide written verification to the department, in the 08 manner required by the department, of the sex offender's or child kidnapper's address 09 and notice of any changes to the information previously provided under (b)(1) of this 10 section; 11 (2) for life under (a) of this section and AS 12.63.020 12 [AS 12.63.020(a)(1)] shall, not less than quarterly, on a date set by the department, 13 provide written verification to the department, in the manner required by the 14 department, of the sex offender's or child kidnapper's address and any changes to the 15 information previously provided under (b)(1) of this section. 16 * Sec. 27. AS 12.63.020 is amended to read: 17 Sec. 12.63.020. Duration of sex offender or child kidnapper duty to 18 register. (a) The duty of a sex offender or child kidnapper to comply with the 19 requirements of AS 12.63.010 is as follows: 20 (1) for a sex offender or child kidnapper, as that term is defined in 21 AS 12.63.100(6)(A), for each sex offense or child kidnapping, the duty 22 (A) [(1)] continues for the lifetime of a sex offender or child 23 kidnapper convicted of 24 (i) [(A)] one aggravated sex offense; or 25 (ii) [(B)] two or more sex offenses, two or more child 26 kidnappings, or one sex offense and one child kidnapping; for purposes 27 of this section, a person convicted of indecent exposure before a person 28 under 16 years of age under AS 11.41.460 more than two times has 29 been convicted of two or more sex offenses; 30 (B) [(2)] ends 15 years following the sex offender's or child 31 kidnapper's unconditional discharge from a conviction for a single sex offense
01 that is not an aggravated sex offense or for a single child kidnapping if the sex 02 offender or child kidnapper has supplied proof that is acceptable to the 03 department of the unconditional discharge; the registration period under this 04 subparagraph 05 (i) [PARAGRAPH (A)] is tolled for each year that a sex 06 offender or child kidnapper [(i)] fails to comply with the requirements 07 of this chapter or [; (ii)] is incarcerated for the offense or kidnapping 08 for which the offender or kidnapper is required to register or for any 09 other offense; 10 (ii) [(B)] may include the time a sex offender or child 11 kidnapper was absent from this state if the sex offender or child 12 kidnapper has complied with any sex offender or child kidnapper 13 registration requirements of the jurisdiction in which the offender or 14 kidnapper was located and if the sex offender or child kidnapper 15 provides the department with proof of the compliance while the sex 16 offender or child kidnapper was absent from this state; and 17 (iii) [(C)] continues for a sex offender or child 18 kidnapper who has not supplied proof acceptable to the department of 19 the offender's or kidnapper's unconditional discharge for the sex 20 offense or child kidnapping requiring registration; 21 (2) for a sex offender or child kidnapper, as that term is defined in 22 AS 12.63.100(6)(B), the duty continues for the period determined by the 23 department under (b) of this section. 24 (b) The department shall adopt, by regulation, 25 (1) procedures to notify a sex offender or child kidnapper 26 (A) who, on the registration form under AS 12.63.010, lists a 27 conviction for a sex offense or child kidnapping that is a violation of a former 28 law of this state or a law of another jurisdiction, of the duration of the 29 offender's or kidnapper's duty under (a) of this section for that sex offense or 30 child kidnapping; 31 (B) as that term is defined in AS 12.63.100(6)(B), of the
01 duration of the sex offender or child kidnapper's duty under (a) of this 02 section; in adopting regulations under this subparagraph, the department 03 shall 04 (i) consider the period of registration required in the 05 other jurisdiction; and 06 (ii) provide for tolling of the registration period if 07 the sex offender or child kidnapper fails to comply with the 08 requirements of this chapter or is incarcerated; 09 (2) a requirement that an [. AS A PART OF THE REGULATIONS, 10 THE DEPARTMENT SHALL REQUIRE THE] offender or kidnapper [TO] supply 11 proof acceptable to the department of unconditional discharge and the date it occurred. 12 * Sec. 28. AS 12.63.100(6) is amended to read: 13 (6) "sex offender or child kidnapper" means 14 (A) a person convicted of a sex offense or child kidnapping in 15 this state or another jurisdiction regardless of whether the conviction occurred 16 before, after, or on January 1, 1999; or 17 (B) a person who is required to register as a sex offender or 18 child kidnapper under the laws of another jurisdiction; 19 * Sec. 29. AS 12.63.100(7) is amended to read: 20 (7) "sex offense" means 21 (A) a crime under AS 11.41.100(a)(3), or a similar law of 22 another jurisdiction, in which the person committed or attempted to commit a 23 sexual offense, or a similar offense under the laws of the other jurisdiction; in 24 this subparagraph, "sexual offense" has the meaning given in 25 AS 11.41.100(a)(3); 26 (B) a crime under AS 11.41.110(a)(3), or a similar law of 27 another jurisdiction, in which the person committed or attempted to commit 28 one of the following crimes, or a similar law of another jurisdiction: 29 (i) sexual assault in the first degree; 30 (ii) sexual assault in the second degree; 31 (iii) sexual abuse of a minor in the first degree; or
01 (iv) sexual abuse of a minor in the second degree; 02 (C) a crime, or an attempt, solicitation, or conspiracy to commit 03 a crime, under the following statutes or a similar law of another jurisdiction: 04 (i) AS 11.41.410 - 11.41.438; 05 (ii) AS 11.41.440(a)(2); 06 (iii) AS 11.41.450 - 11.41.458; 07 (iv) AS 11.41.460 or AS 26.05.900(c) if the indecent 08 exposure is before a person under 16 years of age and the offender has 09 previously been convicted under AS 11.41.460 or AS 26.05.900(c); 10 (v) AS 11.61.125 - 11.61.128; 11 (vi) AS 11.66.110, 11.66.130(a)(2)(B), or 12 AS 26.05.900(b) if the person who was induced or caused to engage in 13 prostitution was under 20 years of age at the time of the offense; 14 (vii) former AS 11.15.120, former 11.15.134, or assault 15 with the intent to commit rape under former AS 11.15.160, former 16 AS 11.40.110, or former 11.40.200; 17 (viii) AS 11.61.118(a)(2) if the offender has a previous 18 conviction for that offense; 19 (ix) AS 11.66.100(a)(2) if the offender is subject to 20 punishment under AS 11.66.100(e); 21 (x) AS 26.05.890 if the person engaged in sexual 22 penetration or sexual contact with the victim; 23 (xi) AS 26.05.890 if, at the time of the offense, the 24 victim is under a duty to obey the lawful orders of the offender, 25 regardless of whether the offender is in the direct chain of command 26 over the victim; 27 (xii) AS 26.05.893 if the person engaged in sexual 28 penetration or sexual contact with the victim; 29 (xiii) AS 26.05.900(a)(1) - (4) if the victim is under 18 30 years of age at the time of the offense; [OR] 31 (xiv) AS 26.05.900 if, at the time of the offense, the
01 victim is under a duty to obey the lawful orders of the offender, 02 regardless of whether the offender is in the direct chain of command 03 over the victim; or 04 (xv) AS 11.61.123 if the offender is subject to 05 punishment under AS 11.61.123(f)(1) or (2); 06 (D) an offense, or an attempt, solicitation, or conspiracy to 07 commit an offense, under AS 26.05.935(b), or a similar law of another 08 jurisdiction, if the member of the militia commits one of the following 09 enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform 10 Code of Military Justice): 11 (i) child pornography; or 12 (ii) pandering and prostitution if the person who is 13 induced, enticed, caused, or procured to engage in a sexual act is under 14 20 years of age at the time of the offense; or 15 (E) an offense in which the person is required to register as 16 a sex offender under the laws of another jurisdiction; 17 * Sec. 30. AS 44.19.647(a) is amended to read: 18 (a) The commission shall submit to the governor and the legislature an annual 19 report. The report must include 20 (1) a description of its proceedings for the previous calendar year; 21 (2) a summary of savings and recommendations on how savings from 22 criminal justice reform should be reinvested to reduce recidivism; 23 (3) performance metrics and outcomes from the recommendations the 24 commission made in its December 2015 report, including recidivism rates, defined as 25 (A) the percentage of inmates who return to prison within three 26 years after release, broken down by offense type and risk level; and 27 (B) the percentage of inmates who return to prison within three 28 years after release for a new criminal conviction, broken down by offense type 29 and risk level; [AND] 30 (4) recommendations for additional reforms, which may include 31 recommendations for legislative and administrative action; and
01 (5) data reported by the Department of Law under AS 44.23.040. 02 * Sec. 31. AS 44.23.020 is amended by adding a new subsection to read: 03 (k) The attorney general, in consultation with the commissioner of public 04 safety, shall 05 (1) develop a tool to track felony sex offenses reported to the 06 Department of Public Safety by geographic location; the tracking tool must include a 07 means to record the reason a reported offense was not referred for prosecution or, if 08 referred, the reason the offense was not prosecuted and, if applicable, the reason a sex 09 offense charged as a felony resulted in a conviction of an offense other than a sex 10 offense under a plea agreement; 11 (2) develop regulations and procedures to implement the requirements 12 established under (1) of this subsection; and 13 (3) provide training for the implementation of the regulations and 14 procedures established under (2) of this subsection in each state department as 15 necessary. 16 * Sec. 32. AS 44.23.040 is amended by adding a new subsection to read: 17 (b) The Department of Law, in consultation with the Department of Public 18 Safety, shall gather and report data on felony sex offenses to the Alaska Judicial 19 Council. The data must include 20 (1) the number of felony sex offenses reported to the Department of 21 Public Safety that were not referred for prosecution; 22 (2) the number of felony sex offenses referred for prosecution that 23 were not prosecuted; 24 (3) the number of felony sex offenses that resulted in a conviction for a 25 crime other than a sex offense; and 26 (4) the number of sex offenses referred for prosecution that were 27 charged as a felony and, under a plea agreement, resulted in a conviction for a crime 28 other than a sex offense. 29 * Sec. 33. AS 47.17.020(a) is amended to read: 30 (a) The following persons who, in the performance of their occupational 31 duties, their appointed duties under (8) of this subsection, or their volunteer duties
01 under (9) of this subsection, have reasonable cause to suspect that a child has suffered 02 harm as a result of child abuse or neglect shall immediately report the harm to the 03 nearest office of the department and, if the harm appears to be a result of a 04 suspected sex offense, shall immediately report the harm to the nearest law 05 enforcement agency: 06 (1) practitioners of the healing arts; 07 (2) school teachers and school administrative staff members, including 08 athletic coaches, of public and private schools; 09 (3) peace officers and officers of the Department of Corrections; 10 (4) administrative officers of institutions; 11 (5) child care providers; 12 (6) paid employees of domestic violence and sexual assault programs, 13 and crisis intervention and prevention programs as defined in AS 18.66.990; 14 (7) paid employees of an organization that provides counseling or 15 treatment to individuals seeking to control their use of drugs or alcohol; 16 (8) members of a child fatality review team established under 17 AS 12.65.015(e) or 12.65.120 or the multidisciplinary child protection team created 18 under AS 47.14.300; [.] 19 (9) volunteers who interact with children in a public or private school 20 for more than four hours a week. 21 * Sec. 34. AS 47.17.020(e) is amended to read: 22 (e) The department shall immediately notify the nearest law enforcement 23 agency if the department 24 (1) concludes that the harm was caused by a person who is not 25 responsible for the child's welfare; 26 (2) is unable to determine 27 (A) who caused the harm to the child; or 28 (B) whether the person who is believed to have caused the 29 harm has responsibility for the child's welfare; or 30 (3) concludes that the report involves 31 (A) possible criminal sex abuse or sex offenses [CONDUCT]
01 under AS 11.41.410 - 11.41.458, AS 11.61.116, 11.61.118(a)(2), 02 11.61.120(a)(6), 11.61.123, or 11.61.128, including sex offenses committed 03 by a minor against a minor; or 04 (B) abuse or neglect that results in the need for medical 05 treatment of the child. 06 * Sec. 35. AS 47.17.020(g) is amended to read: 07 (g) A person required to report child abuse or neglect under (a) of this section 08 who makes the report to the person's job supervisor or to another individual working 09 for the entity that employs the person is not relieved of the obligation to make a [THE] 10 report [TO THE DEPARTMENT AS] required under (a) of this section. 11 * Sec. 36. AS 47.17.022(b) is amended to read: 12 (b) Each department of the state and school district that employs persons 13 required to report abuse or neglect of children shall provide 14 (1) initial training required by this section to each new employee 15 within 45 days after the first day of employment, and to any existing employee who 16 has not received equivalent training; 17 (2) annual training relating to the requirements for reporting a 18 suspected sex offense under AS 47.17.020; and 19 (3) [(2)] appropriate in-service training required by this section as 20 determined by the department or school district. 21 * Sec. 37. AS 47.17.290 is amended by adding a new paragraph to read: 22 (18) "sex offense" has the meaning given in AS 12.63.100. 23 * Sec. 38. AS 11.41.432(a)(2) is repealed. 24 * Sec. 39. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 APPLICABILITY. (a) The following sections apply to offenses committed on or after 27 the effective date of those sections: 28 (1) AS 11.41.420(a), as amended by sec. 2 of this Act; 29 (2) AS 11.41.425(a), as amended by sec. 3 of this Act; 30 (3) AS 11.41.432(b), as amended by sec. 4 of this Act; 31 (4) AS 11.41.438(b), as amended by sec. 6 of this Act;
01 (5) AS 11.41.438(c), enacted by sec. 7 of this Act; 02 (6) AS 11.41.452(a), as amended by sec. 8 of this Act; 03 (7) AS 11.41.452(d), as amended by sec. 9 of this Act; 04 (8) AS 11.41.452(e), as amended by sec. 10 of this Act; 05 (9) AS 11.41.455(c), as amended by sec. 11 of this Act; 06 (10) AS 11.41.458, as amended by sec. 12 of this Act; 07 (11) AS 11.61.120(a), as amended by sec. 13 of this Act; 08 (12) AS 11.61.123(a), as amended by sec. 14 of this Act; 09 (13) AS 11.61.123(f), as amended by sec. 17 of this Act; 10 (14) AS 11.61.123(g), enacted by sec. 18 of this Act; 11 (15) AS 11.61.900(b)(68), enacted by sec. 19 of this Act; 12 (16) AS 12.55.125(i), as amended by sec. 21 of this Act; 13 (17) AS 12.55.145(a), as amended by sec. 22 of this Act; 14 (18) AS 12.55.185(10), as amended by sec. 23 of this Act; 15 (19) AS 12.55.185(16), as amended by sec. 24 of this Act. 16 (b) The following sections apply to the duty to register as a sex offender for offenses 17 committed on or after the effective date of those sections: 18 (1) AS 12.63.010(d), as amended by sec. 26 of this Act; 19 (2) AS 12.63.020, as amended by sec. 27 of this Act; 20 (3) AS 12.63.100(6), as amended by sec. 28 of this Act; 21 (4) AS 12.63.100(7), as amended by sec. 29 of this Act. 22 (c) AS 11.61.432(a)(2), repealed by sec. 38 of this Act, applies to offenses committed 23 on or after the effective date of sec. 38 of this Act. 24 * Sec. 40. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 TRANSITION: REGULATIONS. The Department of Law, the attorney general, the 27 Department of Public Safety, and the commissioner of public safety may adopt regulations 28 necessary to implement the changes made by secs. 31 and 32 of this Act. The regulations take 29 effect under AS 44.62 (Administrative Procedure Act), but not before the effective date of the 30 relevant provision of this Act implemented by the regulation. 31 * Sec. 41. The uncodified law of the State of Alaska is amended by adding a new section to
01 read: 02 REVISOR'S INSTRUCTION. The revisor of statutes is requested to change the 03 heading of AS 11.61.123 from "Indecent viewing or photography" to "Indecent viewing or 04 production of a picture." 05 * Sec. 42. Section 40 of this Act takes effect immediately under AS 01.10.070(c). 06 * Sec. 43. Sections 30 - 32 of this Act take effect July 1, 2020. 07 * Sec. 44. Section 33 of this Act takes effect September 1, 2020. 08 * Sec. 45. Except as provided in secs. 42 - 44 of this Act, this Act takes effect July 1, 2019.