CSSB 189(JUD): "An Act relating to sex trafficking; establishing the crime of patron of a victim of sex trafficking; relating to the crime of human trafficking; relating to prostitution; relating to sentencing for sex trafficking, patron of a victim of sex trafficking, and human trafficking; establishing the process for vacating judgments for certain convictions of prostitution and misconduct involving a controlled substance; relating to the Council on Domestic Violence and Sexual Assault; relating to permanent fund dividends for certain individuals whose convictions are vacated; and providing for an effective date."
00 CS FOR SENATE BILL NO. 189(JUD) 01 "An Act relating to sex trafficking; establishing the crime of patron of a victim of sex 02 trafficking; relating to the crime of human trafficking; relating to prostitution; relating 03 to sentencing for sex trafficking, patron of a victim of sex trafficking, and human 04 trafficking; establishing the process for vacating judgments for certain convictions of 05 prostitution and misconduct involving a controlled substance; relating to the Council on 06 Domestic Violence and Sexual Assault; relating to permanent fund dividends for certain 07 individuals whose convictions are vacated; and providing for an effective date." 08 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 09 * Section 1. AS 04.06.110 is amended to read: 10 Sec. 04.06.110. Peace officer powers. The director and the persons employed 11 for the administration and enforcement of this title may, with the concurrence of the 12 commissioner of public safety, exercise the powers of peace officers when those 13 powers are specifically granted by the board. Powers granted by the board under this
01 section may be exercised only when necessary for the enforcement of the criminally 02 punishable provisions of this title, regulations of the board, and other criminally 03 punishable laws and regulations, including investigation of violations of laws against 04 prostitution and sex trafficking described in AS 11.41.340 - 11.41.357 and 05 AS 11.66.100 [AS 11.66.100 - 11.66.135] and laws against gambling, promoting 06 gambling, and related offenses described in AS 11.66.200 - 11.66.280. Unless 07 authorized by a search warrant described in AS 12.35, nothing in this section 08 authorizes the use of metal keys, magnetic card keys, or identification cards to access 09 private clubs. 10 * Sec. 2. AS 09.25.400 is amended to read: 11 Sec. 09.25.400. Privilege relating to domestic violence, sex trafficking, and 12 sexual assault counseling. Confidential communications between a victim of 13 domestic violence, sex trafficking, or sexual assault and a victim counselor are 14 privileged under AS 18.66.200 - 18.66.250. 15 * Sec. 3. AS 11.41 is amended by adding new sections to read: 16 Sec. 11.41.340. Sex trafficking in the first degree. (a) A person commits the 17 crime of sex trafficking in the first degree if the person 18 (1) acting as other than a patron of a victim of sex trafficking, induces 19 or causes another person, through the use of force or threat of force against any 20 person, to engage in a commercial sexual act involving 21 (A) sexual penetration; or 22 (B) conduct prohibited under AS 11.61.140(a)(6); or 23 (2) violates AS 11.41.345 or 11.41.350 and the person induced or 24 caused to engage in a commercial sexual act is 25 (A) under 20 years of age; or 26 (B) in the legal custody of that person. 27 (b) Sex trafficking in the first degree is an unclassified felony. 28 Sec. 11.41.345. Sex trafficking in the second degree. (a) A person commits 29 the crime of sex trafficking in the second degree if the person, acting as other than a 30 patron of a victim of sex trafficking, induces or causes another person to engage in a 31 commercial sexual act involving
01 (1) sexual penetration; 02 (2) conduct prohibited under AS 11.61.140(a)(6); or 03 (3) sexual contact through the use of force or threat of force against 04 any person. 05 (b) Sex trafficking in the second degree is a class A felony. 06 Sec. 11.41.350. Sex trafficking in the third degree. (a) A person commits the 07 crime of sex trafficking in the third degree if the person 08 (1) acting as other than a patron of a victim of sex trafficking, 09 (A) induces or causes another person to engage in a 10 commercial sexual act involving sexual contact; or 11 (B) provides services, resources, or other assistance with the 12 intent to promote a violation of (A) of this paragraph, AS 11.41.340, or 13 11.41.345; or 14 (2) manages, supervises, controls, or owns, either alone or in 15 association with others, a prostitution enterprise or a place of prostitution where 16 another person engages in commercial sexual conduct. 17 (b) In this section, 18 (1) "place of prostitution" means any place where a person engages in 19 commercial sexual acts in return for a fee and the person is not the manager, 20 supervisor, owner, or other person who controls the place; 21 (2) "prostitution enterprise" means an arrangement in which two or 22 more persons are organized to render sexual conduct in return for a fee; 23 (3) "sexual conduct" means genital or anal intercourse, cunnilingus, 24 fellatio, or masturbation of one person by another person. 25 (c) Sex trafficking in the third degree is a 26 (1) class B felony if the person 27 (A) violates (a)(1)(A) or (a)(2) of this section; or 28 (B) violates (a)(1)(B) of this section and the value of the 29 services, resources, or other assistance provided is $200 or greater; or 30 (2) class C felony if the person violates (a)(1)(B) of this section and 31 the value of the services, resources, or other assistance provided is less than $200.
01 Sec. 11.41.355. Patron of a victim of sex trafficking. (a) A person commits 02 the crime of patron of a victim of sex trafficking if, under circumstances not 03 proscribed under AS 11.41.434 - 11.41.440, the person solicits a commercial sexual 04 act 05 (1) with reckless disregard that the person engaging in the commercial 06 sexual act is a victim of sex trafficking; or 07 (2) from a person who is under 18 years of age. 08 (b) In a prosecution under (a)(2) of this section, it is an affirmative defense 09 that, at the time of the alleged offense, the defendant 10 (1) reasonably believed the person to be 18 years of age or older; and 11 (2) undertook reasonable measures to verify that the person was 18 12 years of age or older. 13 (c) Patron of a victim of sex trafficking is a 14 (1) class B felony if the person violates (a)(2) of this section; 15 (2) class C felony if the person violates (a)(1) of this section. 16 Sec. 11.41.357. Inducing or causing a person to engage in a commercial 17 sexual act. For purposes of AS 11.41.340 - 11.41.355, a person induces or causes 18 another person to engage in a commercial sexual act including by 19 (1) exposing or threatening to expose confidential information, 20 whether true or false, that would subject a person to hatred, contempt, or ridicule; 21 (2) destroying, concealing, or threatening to destroy or conceal an 22 actual or purported passport or immigration document or another actual or purported 23 identification document of a person; 24 (3) threatening to report a person to a government agency for the 25 purpose of arrest or deportation; 26 (4) threatening to collect a debt; 27 (5) instilling in a person a fear that lodging, food, clothing, or 28 medication will be withheld; 29 (6) providing a schedule IA, IIA, IIIA, IVA, or VA controlled 30 substance to or withholding a schedule IA, IIA, IIIA, IVA, or VA controlled substance 31 from the other person; or
01 (7) deception. 02 * Sec. 4. AS 11.41.360(a) is amended to read: 03 (a) A person commits the crime of human trafficking in the first degree if, 04 under circumstances not proscribed under AS 11.41.340 - 11.41.357, the person 05 (1) [COMPELS OR] induces or causes another person to engage in 06 [SEXUAL CONDUCT,] adult entertainment [,] or labor [IN THE STATE] by force or 07 threat of force against any person; or 08 (2) violates AS 11.41.365 and the victim is under 20 years of age [, 09 OR BY DECEPTION]. 10 * Sec. 5. AS 11.41.360(c) is amended to read: 11 (c) Human trafficking in the first degree is an unclassified [A CLASS A] 12 felony. 13 * Sec. 6. AS 11.41.365 is amended to read: 14 Sec. 11.41.365. Human trafficking in the second degree. (a) A person 15 commits the crime of human trafficking in the second degree if the person, under 16 circumstances not proscribed under AS 11.41.340 - 11.41.357, and with the intent 17 to promote human trafficking, induces or causes another person to engage in 18 adult entertainment or labor by 19 (1) exposing or threatening to expose confidential information, 20 whether true or false, that would subject a person to hatred, contempt, or 21 ridicule; 22 (2) destroying, concealing, or threatening to destroy or conceal an 23 actual or purported passport or immigration document or another actual or 24 purported identification document of any person; 25 (3) threatening to report a person to a government agency for the 26 purpose of arrest or deportation; 27 (4) threatening to collect a debt; 28 (5) instilling in a person a fear that lodging, food, clothing, or 29 medication will be withheld from any person; 30 (6) providing a schedule IA, IIA, IIIA, IVA, or VA controlled 31 substance or withholding a schedule IA, IIA, IIIA, IVA, or VA controlled
01 substance from the other person; or 02 (7) deception [OBTAINS A BENEFIT FROM THE COMMISSION 03 OF HUMAN TRAFFICKING UNDER AS 11.41.360, WITH RECKLESS 04 DISREGARD THAT THE BENEFIT IS A RESULT OF THE TRAFFICKING]. 05 (b) Human trafficking in the second degree is a class A [B] felony. 06 * Sec. 7. AS 11.41 is amended by adding new sections to read: 07 Sec. 11.41.366. Human trafficking in the third degree. (a) A person 08 commits the crime of human trafficking in the third degree if the person provides 09 services, resources, or other assistance with the intent to promote a violation of 10 AS 11.41.360 or 11.41.365. 11 (b) Human trafficking in the third degree is 12 (1) a class B felony if the value of the services, resources, or other 13 assistance provided is $200 or more; 14 (2) a class C felony if the value of the services, resources, or other 15 assistance provided is less than $200. 16 Sec. 11.41.367. Human trafficking applicability of certain activities. A 17 normal caretaker request of a child or a normal interaction with a child is not a 18 violation of AS 11.41.360 - 11.41.366. 19 Sec. 11.41.368. Corroboration of certain testimony not required. In a 20 prosecution under AS 11.41.340 - 11.41.366, it is not necessary that the testimony of 21 the person whose conduct is alleged to have been induced or caused be corroborated 22 by the testimony of any other witness or by documentary or other types of evidence. 23 Sec. 11.41.369. Forfeiture. Property used to institute, aid, or facilitate, or 24 received or derived from, a violation of AS 11.41.340 - 11.41.366, including real 25 property, may be forfeited at sentencing. 26 * Sec. 8. AS 11.41.530(a) is amended to read: 27 (a) A person commits the crime of coercion if, under circumstances not 28 proscribed under AS 11.41.340 - 11.41.366, the person compels another to engage in 29 conduct from which there is a legal right to abstain or abstain from conduct in which 30 there is a legal right to engage, by means of instilling in the person who is compelled a 31 fear that, if the demand is not complied with, the person who makes the demand or
01 another may 02 (1) inflict physical injury on anyone, except under circumstances 03 constituting robbery in any degree, or commit any other crime; 04 (2) accuse anyone of a crime; 05 (3) expose confidential information or a secret, whether true or false, 06 tending to subject a person to hatred, contempt, or ridicule or to impair the person's 07 credit or business repute; 08 (4) take or withhold action as a public servant or cause a public servant 09 to take or withhold action; 10 (5) bring about or continue a strike, boycott, or other collective 11 unofficial action, if the property is not demanded or received for the benefit of the 12 group in whose interest the person making the threat or suggestion purports to act; 13 (6) testify or provide information or withhold testimony or information 14 with respect to a person's legal claim or defense. 15 * Sec. 9. AS 11.66.100(c) is amended to read: 16 (c) A person may not be prosecuted under (a)(1) of this section if the 17 (1) person witnessed or was a victim of, and reported to law 18 enforcement in good faith, one or more of the following crimes: 19 (A) murder in the first degree under AS 11.41.100; 20 (B) murder in the second degree under AS 11.41.110; 21 (C) manslaughter under AS 11.41.120; 22 (D) criminally negligent homicide under AS 11.41.130; 23 (E) assault in the first degree under AS 11.41.200; 24 (F) assault in the second degree under AS 11.41.210; 25 (G) assault in the third degree under AS 11.41.220; 26 (H) assault in the fourth degree under AS 11.41.230; 27 (I) sexual assault in the first degree under AS 11.41.410; 28 (J) sexual assault in the second degree under AS 11.41.420; 29 (K) sexual assault in the third degree under AS 11.41.425; 30 (L) sexual assault in the fourth degree under AS 11.41.427; 31 (M) sexual abuse of a minor in the first degree under
01 AS 11.41.434; 02 (N) sexual abuse of a minor in the second degree under 03 AS 11.41.436; 04 (O) sexual abuse of a minor in the third degree under 05 AS 11.41.438; 06 (P) sexual abuse of a minor in the fourth degree under 07 AS 11.41.440; 08 (Q) robbery in the first degree under AS 11.41.500; 09 (R) robbery in the second degree under AS 11.41.510; 10 (S) extortion under AS 11.41.520; 11 (T) coercion under AS 11.41.530; 12 (U) distribution of child pornography under AS 11.61.125; 13 (V) possession of child pornography under AS 11.61.127; 14 (W) sex trafficking in the first degree under AS 11.41.340 15 [AS 11.66.110]; 16 (X) sex trafficking in the second degree under AS 11.41.345 17 [AS 11.66.120]; 18 (Y) sex trafficking in the third degree under AS 11.41.350; 19 [AS 11.66.130; OR] 20 (Z) sex trafficking in the fourth degree under AS 11.66.135; or 21 (AA) patron of a victim of sex trafficking under 22 AS 11.41.355; 23 (2) evidence supporting the prosecution under (a)(1) of this section 24 was obtained or discovered as a result of the person reporting the crime to law 25 enforcement; and 26 (3) person cooperated with law enforcement personnel. 27 * Sec. 10. AS 11.66.100(d) is amended to read: 28 (d) Prostitution [EXCEPT AS PROVIDED IN (e) OF THIS SECTION, 29 PROSTITUTION] is a 30 (1) class B misdemeanor if the defendant violates (a)(1) of this 31 section;
01 (2) class A misdemeanor if the defendant violates (a)(2) of this 02 section; 03 (3) class C felony if the defendant violates (a)(2) of this section and, 04 within the preceding five years, the defendant has been previously convicted on 05 two or more separate occasions in this or another jurisdiction of an offense under 06 (a)(2) of this section or an offense under another law or ordinance with similar 07 elements. 08 * Sec. 11. AS 11.66.100 is amended by adding a new subsection to read: 09 (f) Upon conviction under (d)(3) of this section, any property used to institute, 10 aid, or facilitate, or received or derived from, a violation of (d)(3) of this section may 11 be forfeited. 12 * Sec. 12. AS 11.81.250(a) is amended to read: 13 (a) For purposes of sentencing under AS 12.55, all offenses defined in this 14 title, except murder in the first and second degree, attempted murder in the first 15 degree, solicitation to commit murder in the first degree, conspiracy to commit murder 16 in the first degree, murder of an unborn child, human trafficking in the first degree, 17 sexual assault in the first degree, sexual abuse of a minor in the first degree, 18 misconduct involving a controlled substance in the first degree, sex trafficking in the 19 first degree [UNDER AS 11.66.110(a)(2)], and kidnapping, are classified on the basis 20 of their seriousness, according to the type of injury characteristically caused or risked 21 by commission of the offense and the culpability of the offender. Except for murder in 22 the first and second degree, attempted murder in the first degree, solicitation to 23 commit murder in the first degree, conspiracy to commit murder in the first degree, 24 murder of an unborn child, human trafficking in the first degree, sexual assault in 25 the first degree, sexual abuse of a minor in the first degree, misconduct involving a 26 controlled substance in the first degree, sex trafficking in the first degree [UNDER 27 AS 11.66.110(a)(2)], and kidnapping, the offenses in this title are classified into the 28 following categories: 29 (1) class A felonies, which characteristically involve conduct resulting 30 in serious physical injury or a substantial risk of serious physical injury to a person; 31 (2) class B felonies, which characteristically involve conduct resulting
01 in less severe violence against a person than class A felonies, aggravated offenses 02 against property interests, or aggravated offenses against public administration or 03 order; 04 (3) class C felonies, which characteristically involve conduct serious 05 enough to deserve felony classification but not serious enough to be classified as A or 06 B felonies; 07 (4) class A misdemeanors, which characteristically involve less severe 08 violence against a person, less serious offenses against property interests, less serious 09 offenses against public administration or order, or less serious offenses against public 10 health and decency than felonies; 11 (5) class B misdemeanors, which characteristically involve a minor 12 risk of physical injury to a person, minor offenses against property interests, minor 13 offenses against public administration or order, or minor offenses against public health 14 and decency; 15 (6) violations, which characteristically involve conduct inappropriate 16 to an orderly society but which do not denote criminality in their commission. 17 * Sec. 13. AS 11.81.250(b) is amended to read: 18 (b) The classification of each felony defined in this title, except murder in the 19 first and second degree, attempted murder in the first degree, solicitation to commit 20 murder in the first degree, conspiracy to commit murder in the first degree, murder of 21 an unborn child, human trafficking in the first degree, sexual assault in the first 22 degree, sexual abuse of a minor in the first degree, misconduct involving a controlled 23 substance in the first degree, sex trafficking in the first degree [UNDER 24 AS 11.66.110(a)(2)], and kidnapping, is designated in the section defining it. A felony 25 under the law of this state defined outside this title for which no penalty is specifically 26 provided is a class C felony. 27 * Sec. 14. AS 11.81.900(b) is amended by adding new paragraphs to read: 28 (69) "adult entertainment" means the conduct described in 29 AS 23.10.350(f)(1) - (3); 30 (70) "commercial sexual act" means a sexual act for which anything of 31 value is given or received by any person; in this paragraph, "anything of value" does
01 not include compensation for reasonably apportioned shared expenses of a residence; 02 (71) "services, resources, or other assistance" includes financial 03 support, business services, lodging, transportation, providing false identification 04 documents or other documentation, equipment, facilities, or any other service or 05 property, regardless of whether the person is compensated; 06 (72) "sexual act" means sexual penetration or sexual contact; 07 (73) "victim of sex trafficking" means a person who has been induced 08 or caused to engage in a commercial sexual act under AS 11.41.340 - 11.41.350; 09 * Sec. 15. AS 12.10.010 is amended to read: 10 Sec. 12.10.010. General time limitations. (a) Prosecution for the following 11 offenses may be commenced at any time: 12 (1) murder; 13 (2) attempt, solicitation, or conspiracy to commit murder or hindering 14 the prosecution of murder; 15 (3) felony sexual abuse of a minor; 16 (4) sexual assault that is an unclassified, class A, or class B felony or a 17 violation of AS 11.41.425(a)(2) - (4); 18 (5) a violation of AS 11.41.425 [AS 11.41.425], 11.41.427, 11.41.450 19 - 11.41.458, [AS 11.66.110 - 11.66.130,] or former AS 11.41.430, when committed 20 against a person who, at the time of the offense, was under 18 years of age; 21 (6) kidnapping; 22 (7) distribution of child pornography in violation of AS 11.61.125; 23 (8) sex trafficking in the first or second degree [VIOLATION OF 24 AS 11.66.110 - 11.66.130 THAT IS AN UNCLASSIFIED, CLASS A, OR CLASS B 25 FELONY OR THAT IS COMMITTED AGAINST A PERSON WHO, AT THE 26 TIME OF THE OFFENSE, WAS UNDER 20 YEARS OF AGE]; 27 (9) human trafficking in the first or second degree [VIOLATION OF 28 AS 11.41.360 OR 11.41.365]. 29 (b) Except as otherwise provided by law or in (a) of this section, a person may 30 not be prosecuted, tried, or punished for an offense unless the indictment is found or 31 the information or complaint is instituted not later than
01 (1) 10 years after the commission of a felony offense in violation of 02 AS 11.41.120 - 11.41.330, 11.41.350, 11.41.366, 11.41.425(a)(1), 11.41.425(a)(5), 03 11.41.425(a)(6), or 11.41.450 - 11.41.458; or 04 (2) five years after the commission of any other offense. 05 * Sec. 16. AS 12.37.010 is amended to read: 06 Sec. 12.37.010. Authorization to intercept communications. The attorney 07 general, or a person designated in writing or by law to act for the attorney general, 08 may authorize, in writing, an ex parte application to a court of competent jurisdiction 09 for an order authorizing the interception of a private communication if the interception 10 may provide evidence of, or may assist in the apprehension of persons who have 11 committed, are committing, or are planning to commit, the following offenses: 12 (1) murder in the first or second degree under AS 11.41.100 - 13 11.41.110; 14 (2) kidnapping under AS 11.41.300; 15 (3) a class A or unclassified felony drug offense under AS 11.71; 16 (4) sex trafficking in the first or second degree under AS 11.41.340 or 17 11.41.345 [AS 11.66.110 AND 11.66.120]; or 18 (5) human trafficking in the first or second degree under AS 11.41.360 19 or 11.41.365. 20 * Sec. 17. AS 12.45.049 is amended to read: 21 Sec. 12.45.049. Privilege relating to domestic violence, sex trafficking, and 22 sexual assault counseling. Confidential communications between a victim of 23 domestic violence, sex trafficking, or sexual assault and a victim counselor are 24 privileged under AS 18.66.200 - 18.66.250. 25 * Sec. 18. AS 12.55.035(b) is amended to read: 26 (b) Upon conviction of an offense, a defendant who is not an organization may 27 be sentenced to pay, unless otherwise specified in the provision of law defining the 28 offense, a fine of not more than 29 (1) $500,000 for murder in the first or second degree, attempted 30 murder in the first degree, murder of an unborn child, human trafficking in the first 31 degree, sexual assault in the first degree, sexual abuse of a minor in the first degree,
01 kidnapping, sex trafficking in the first degree [UNDER AS 11.66.110(a)(2)], or 02 misconduct involving a controlled substance in the first degree; 03 (2) $250,000 for a class A felony; 04 (3) $100,000 for a class B felony; 05 (4) $50,000 for a class C felony; 06 (5) $25,000 for a class A misdemeanor; 07 (6) $2,000 for a class B misdemeanor; 08 (7) $500 for a violation. 09 * Sec. 19. AS 12.55.078(f) is amended to read: 10 (f) The court may not suspend the imposition or entry of judgment and may 11 not defer prosecution under this section of a person who 12 (1) is charged with a violation of AS 11.41.100 - 11.41.220, 11.41.260 13 - 11.41.320, 11.41.340 - 11.41.370 [11.41.360 - 11.41.370], 11.41.410 - 11.41.530, 14 AS 11.46.400, or AS 11.61.125 - 11.61.128 [, OR AS 11.66.110 - 11.66.135]; 15 (2) uses a firearm in the commission of the offense for which the 16 person is charged; 17 (3) has previously been granted a suspension of judgment under this 18 section or a similar statute in another jurisdiction, unless the court enters written 19 findings that by clear and convincing evidence the person's prospects for rehabilitation 20 are high and suspending judgment under this section adequately protects the victim of 21 the offense, if any, and the community; 22 (4) is charged with a violation of AS 11.41.230, 11.41.250, or a felony 23 and the person has one or more prior convictions for a misdemeanor violation of 24 AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction 25 having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a 26 felony in this state; for the purposes of this paragraph, a person shall be considered to 27 have a prior conviction even if 28 (A) the charges were dismissed under this section; 29 (B) the conviction has been set aside under AS 12.55.085; or 30 (C) the charge or conviction was dismissed or set aside under 31 an equivalent provision of the laws of another jurisdiction; or
01 (5) is charged with a crime involving domestic violence, as defined in 02 AS 18.66.990. 03 * Sec. 20. AS 12.55.085(f) is amended to read: 04 (f) The court may not suspend the imposition of sentence of a person who 05 (1) is convicted of a violation of AS 11.41.100 - 11.41.220, 11.41.260 06 - 11.41.320, 11.41.340 - 11.41.370 [11.41.360 - 11.41.370], 11.41.410 - 11.41.530, 07 AS 11.46.400, or AS 11.61.125 - 11.61.128 [, OR AS 11.66.110 - 11.66.135]; 08 (2) uses a firearm in the commission of the offense for which the 09 person is convicted; or 10 (3) is convicted of a violation of AS 11.41.230 - 11.41.250 or a felony 11 and the person has one or more prior convictions for a misdemeanor violation of 12 AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction 13 having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a 14 felony in this state; for the purposes of this paragraph, a person shall be considered to 15 have a prior conviction even if that conviction has been set aside under (e) of this 16 section or under the equivalent provision of the laws of another jurisdiction. 17 * Sec. 21. AS 12.55.125(b) is amended to read: 18 (b) A defendant convicted of attempted murder in the first degree, solicitation 19 to commit murder in the first degree, conspiracy to commit murder in the first degree, 20 kidnapping, human trafficking in the first degree, or misconduct involving a 21 controlled substance in the first degree shall be sentenced to a definite term of 22 imprisonment of at least five years but not more than 99 years. A defendant convicted 23 of murder in the second degree or murder of an unborn child under 24 AS 11.41.150(a)(2) - (4) shall be sentenced to a definite term of imprisonment of at 25 least 15 years but not more than 99 years. A defendant convicted of murder in the 26 second degree shall be sentenced to a definite term of imprisonment of at least 20 27 years but not more than 99 years when the defendant is convicted of the murder of a 28 child under 16 years of age and the court finds by clear and convincing evidence that 29 the defendant (1) was a natural parent, a stepparent, an adoptive parent, a legal 30 guardian, or a person occupying a position of authority in relation to the child; or (2) 31 caused the death of the child by committing a crime against a person under
01 AS 11.41.200 - 11.41.530. In this subsection, "legal guardian" and "position of 02 authority" have the meanings given in AS 11.41.470. 03 * Sec. 22. AS 12.55.125(i) is amended to read: 04 (i) A defendant convicted of 05 (1) sexual assault in the first degree, sexual abuse of a minor in the 06 first degree, unlawful exploitation of a minor under AS 11.41.455(c)(2), or sex 07 trafficking in the first degree [UNDER AS 11.66.110(a)(2)] may be sentenced to a 08 definite term of imprisonment of not more than 99 years and shall be sentenced to a 09 definite term within the following presumptive ranges, subject to adjustment as 10 provided in AS 12.55.155 - 12.55.175: 11 (A) if the offense is a first felony conviction, the offense does 12 not involve circumstances described in (B) of this paragraph, and the victim 13 was 14 (i) less than 13 years of age, 25 to 35 years; 15 (ii) 13 years of age or older, 20 to 30 years; 16 (B) if the offense is a first felony conviction and the defendant 17 possessed a firearm, used a dangerous instrument, or caused serious physical 18 injury during the commission of the offense, 25 to 35 years; 19 (C) if the offense is a second felony conviction and does not 20 involve circumstances described in (D) of this paragraph, 30 to 40 years; 21 (D) if the offense is a second felony conviction and the 22 defendant has a prior conviction for a sexual felony, 35 to 45 years; 23 (E) if the offense is a third felony conviction and the defendant 24 is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 25 to 60 years; 26 (F) if the offense is a third felony conviction, the defendant is 27 not subject to sentencing under (l) of this section, and the defendant has two 28 prior convictions for sexual felonies, 99 years; 29 (2) sex trafficking in the second degree, unlawful exploitation of a 30 minor under AS 11.41.455(c)(1), enticement of a minor under AS 11.41.452(e), or 31 attempt, conspiracy, or solicitation to commit sexual assault in the first degree, sexual
01 abuse of a minor in the first degree, unlawful exploitation of a minor under 02 AS 11.41.455(c)(2), or sex trafficking in the first degree [UNDER 03 AS 11.66.110(a)(2)] may be sentenced to a definite term of imprisonment of not more 04 than 99 years and shall be sentenced to a definite term within the following 05 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 06 (A) if the offense is a first felony conviction, the offense does 07 not involve circumstances described in (B) of this paragraph, and the victim 08 was 09 (i) under 13 years of age, 20 to 30 years; 10 (ii) 13 years of age or older, 15 to 30 years; 11 (B) if the offense is a first felony conviction and the defendant 12 possessed a firearm, used a dangerous instrument, or caused serious physical 13 injury during the commission of the offense, 25 to 35 years; 14 (C) if the offense is a second felony conviction and does not 15 involve circumstances described in (D) of this paragraph, 25 to 35 years; 16 (D) if the offense is a second felony conviction and the 17 defendant has a prior conviction for a sexual felony, 30 to 40 years; 18 (E) if the offense is a third felony conviction, the offense does 19 not involve circumstances described in (F) of this paragraph, and the defendant 20 is not subject to sentencing under (l) of this section, 35 to 50 years; 21 (F) if the offense is a third felony conviction, the defendant is 22 not subject to sentencing under (l) of this section, and the defendant has two 23 prior convictions for sexual felonies, 99 years; 24 (3) sex trafficking in the third degree under AS 11.41.350(c)(1), 25 patron of a victim of sex trafficking under AS 11.41.355(c)(1), sexual assault in the 26 second degree, sexual abuse of a minor in the second degree, enticement of a minor 27 under AS 11.41.452(d), indecent exposure in the first degree under 28 AS 11.41.458(b)(2), [OR] distribution of child pornography under 29 AS 11.61.125(e)(2), or attempt, conspiracy, or solicitation to commit, sex 30 trafficking in the second degree, unlawful exploitation of a minor under 31 AS 11.41.455(c)(1), or enticement of a minor under AS 11.41.452(e) may be
01 sentenced to a definite term of imprisonment of not more than 99 years and shall be 02 sentenced to a definite term within the following presumptive ranges, subject to 03 adjustment as provided in AS 12.55.155 - 12.55.175: 04 (A) if the offense is a first felony conviction, five to 15 years; 05 (B) if the offense is a second felony conviction and does not 06 involve circumstances described in (C) of this paragraph, 10 to 25 years; 07 (C) if the offense is a second felony conviction and the 08 defendant has a prior conviction for a sexual felony, 15 to 30 years; 09 (D) if the offense is a third felony conviction and does not 10 involve circumstances described in (E) of this paragraph, 20 to 35 years; 11 (E) if the offense is a third felony conviction and the defendant 12 has two prior convictions for sexual felonies, 99 years; 13 (4) sex trafficking in the third degree under AS 11.41.350(c)(2), 14 patron of a victim of sex trafficking under AS 11.41.355(c)(2), sexual assault in the 15 third degree, sexual abuse of a minor in the third degree under AS 11.41.438(c), 16 incest, indecent exposure in the first degree under AS 11.41.458(b)(1), indecent 17 viewing or production of a picture under AS 11.61.123(g)(1) or (2) 18 [AS 11.61.123(f)(1) OR (2)], possession of child pornography, distribution of child 19 pornography under AS 11.61.125(e)(1), or attempt, conspiracy, or solicitation to 20 commit sex trafficking in the third degree under AS 11.41.350(c)(1), patron of a 21 victim of sex trafficking under AS 11.41.355(c)(1), sexual assault in the second 22 degree, sexual abuse of a minor in the second degree, [UNLAWFUL 23 EXPLOITATION OF A MINOR,] or distribution of child pornography under 24 AS 11.61.125(e)(2), may be sentenced to a definite term of imprisonment of not more 25 than 99 years and shall be sentenced to a definite term within the following 26 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 27 (A) if the offense is a first felony conviction and does not 28 involve the circumstances described in (B) or (C) of this paragraph, two to 12 29 years; 30 (B) if the offense is a first felony conviction under 31 AS 11.61.125(e)(1) and does not involve circumstances described in (C) of this
01 paragraph, four to 12 years; 02 (C) if the offense is a first felony conviction under 03 AS 11.61.125(e)(1), and the defendant hosted, created, or helped host or create 04 a mechanism for multi-party sharing or distribution of child pornography, or 05 received a financial benefit or had a financial interest in a child pornography 06 sharing or distribution mechanism, six to 14 years; 07 (D) if the offense is a second felony conviction and does not 08 involve circumstances described in (E) of this paragraph, eight to 15 years; 09 (E) if the offense is a second felony conviction and the 10 defendant has a prior conviction for a sexual felony, 12 to 20 years; 11 (F) if the offense is a third felony conviction and does not 12 involve circumstances described in (G) of this paragraph, 15 to 25 years; 13 (G) if the offense is a third felony conviction and the defendant 14 has two prior convictions for sexual felonies, 99 years. 15 * Sec. 23. AS 12.55.135 is amended by adding a new subsection to read: 16 (q) A defendant convicted under AS 11.66.100(a)(2) shall be sentenced to a 17 minimum term of imprisonment of 72 hours if the defendant has been previously 18 convicted once in the previous five years in this or another jurisdiction of an offense 19 under AS 11.66.100(a)(2) or an offense under another law or ordinance with similar 20 elements. 21 * Sec. 24. AS 12.55.185(10) is amended to read: 22 (10) "most serious felony" means 23 (A) arson in the first degree, [SEX TRAFFICKING IN THE 24 FIRST DEGREE UNDER AS 11.66.110(a)(2),] enticement of a minor under 25 AS 11.41.452(e), or any unclassified or class A felony prescribed under 26 AS 11.41; or 27 (B) an attempt, or conspiracy to commit, or criminal 28 solicitation under AS 11.31.110 of, an unclassified felony prescribed under 29 AS 11.41; 30 * Sec. 25. AS 12.55.185(16) is amended to read: 31 (16) "sexual felony" means sexual assault in the first degree, sexual
01 abuse of a minor in the first degree, sex trafficking in the first degree, sex trafficking 02 in the second degree, sexual assault in the second degree, sexual abuse of a minor in 03 the second degree, sex trafficking in the third degree, patron of a victim of sex 04 trafficking, sexual abuse of a minor in the third degree under AS 11.41.438(c), 05 unlawful exploitation of a minor, indecent viewing or production of a picture under 06 AS 11.61.123(g)(1) or (2) [AS 11.61.123(f)(1) OR (2)], distribution of child 07 pornography, sexual assault in the third degree, incest, indecent exposure in the first 08 degree, possession of child pornography, enticement of a minor, and felony attempt, 09 conspiracy, or solicitation to commit those crimes; 10 * Sec. 26. AS 12.62.900(23) is amended to read: 11 (23) "serious offense" means a conviction for a violation or for an 12 attempt, solicitation, or conspiracy to commit a violation of any of the following laws, 13 or of the laws of another jurisdiction with substantially similar elements: 14 (A) a felony offense; 15 (B) a crime involving domestic violence; 16 (C) AS 11.41.410 - 11.41.470; 17 (D) AS 11.51.130 or 11.51.200 - 11.56.210; 18 (E) AS 11.61.110(a)(7) or 11.61.125; 19 (F) AS 11.66.100 [AS 11.66.100 - 11.66.130]; 20 (G) former AS 11.15.120, former 11.15.134, or assault with the 21 intent to commit rape under former AS 11.15.160; or 22 (H) former AS 11.40.080, 11.40.110, 11.40.130, or 11.40.200 - 23 11.40.420, if committed before January 1, 1980. 24 * Sec. 27. AS 12.63.100(7) is amended to read: 25 (7) "sex offense" means 26 (A) a crime under AS 11.41.100(a)(3), or a similar law of 27 another jurisdiction, in which the person committed or attempted to commit a 28 sexual offense, or a similar offense under the laws of the other jurisdiction; in 29 this subparagraph, "sexual offense" has the meaning given in 30 AS 11.41.100(a)(3); 31 (B) a crime under AS 11.41.110(a)(3), or a similar law of
01 another jurisdiction, in which the person committed or attempted to commit 02 one of the following crimes, or a similar law of another jurisdiction: 03 (i) sexual assault in the first degree; 04 (ii) sexual assault in the second degree; 05 (iii) sexual abuse of a minor in the first degree; or 06 (iv) sexual abuse of a minor in the second degree; 07 (C) a crime, or an attempt, solicitation, or conspiracy to commit 08 a crime, under the following statutes or a similar law of another jurisdiction: 09 (i) AS 11.41.410 - 11.41.438; 10 (ii) AS 11.41.440(a)(2); 11 (iii) AS 11.41.450 - 11.41.458; 12 (iv) AS 11.41.460 or AS 26.05.900(c) if the indecent 13 exposure is before a person under 16 years of age and the offender has 14 previously been convicted under AS 11.41.460 or AS 26.05.900(c); 15 (v) AS 11.61.125 - 11.61.128; 16 (vi) former AS 11.66.110, former 11.66.130(a)(2)(B), 17 or AS 26.05.900(b) if the person who was induced or caused to engage 18 in prostitution was under 20 years of age at the time of the offense; 19 (vii) former AS 11.15.120, former 11.15.134, or assault 20 with the intent to commit rape under former AS 11.15.160, former 21 AS 11.40.110, or former 11.40.200; 22 (viii) AS 11.61.118(a)(2) if the offender has a previous 23 conviction for that offense; 24 (ix) [AS 11.66.100(a)(2) IF THE OFFENDER IS 25 SUBJECT TO PUNISHMENT UNDER AS 11.66.100(e); 26 (x)] AS 26.05.890 if the person engaged in sexual 27 penetration or sexual contact with the victim; 28 (x) [(xi)] AS 26.05.890 if, at the time of the offense, the 29 victim is under a duty to obey the lawful orders of the offender, 30 regardless of whether the offender is in the direct chain of command 31 over the victim;
01 (xi) [(xii)] AS 26.05.893 if the person engaged in sexual 02 penetration or sexual contact with the victim; 03 (xii) [(xiii)] AS 26.05.900(a)(1) - (4) if the victim is 04 under 18 years of age at the time of the offense; 05 (xiii) [(xiv)] AS 26.05.900 if, at the time of the offense, 06 the victim is under a duty to obey the lawful orders of the offender, 07 regardless of whether the offender is in the direct chain of command 08 over the victim; or 09 (xiv) [(xv)] AS 11.61.123 if the offender is subject to 10 punishment under AS 11.61.123(g)(1) or (2); 11 (xv) AS 11.41.340 - 11.41.355 [AS 11.61.123(f)(1) OR 12 (2)]; 13 (D) an offense, or an attempt, solicitation, or conspiracy to 14 commit an offense, under AS 26.05.935(b), or a similar law of another 15 jurisdiction, if the member of the militia commits one of the following 16 enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform 17 Code of Military Justice): 18 (i) child pornography; or 19 (ii) pandering and prostitution if the person who is 20 induced, enticed, caused, or procured to engage in a sexual act is under 21 20 years of age at the time of the offense; or 22 (E) an offense in which the person is required to register as a 23 sex offender under the laws of another jurisdiction; 24 * Sec. 28. AS 12.72 is amended by adding new sections to read: 25 Sec. 12.72.100. Vacation of judgment of conviction for prostitution or 26 misconduct involving a controlled substance. A person who, at the time of the 27 offense, was or would have been a victim of sex trafficking as defined in 28 AS 11.81.900, that was convicted or adjudicated delinquent for prostitution under 29 AS 11.66.100(a)(1), misconduct involving a controlled substance under AS 11.71.050 30 or 11.71.060, or a similar municipal ordinance may petition the court to vacate the 31 judgment.
01 Sec. 12.72.105. Filing of petition for vacation of judgment. (a) A petition 02 under this chapter must be filed with the clerk at the court location where the 03 underlying criminal case was filed and a copy must be served on the prosecuting 04 authority responsible for obtaining the conviction. 05 (b) If the prosecuting authority does not file a response within 45 days after 06 service of the petition, the court may grant the vacation of judgment without further 07 proceedings. 08 Sec. 12.72.110. Limitations on petitions for vacation of judgment. (a) A 09 petition under this chapter may not be filed until a judgment has been entered or, if the 10 conviction was appealed, until the court's decision is final under the Alaska Rules of 11 Appellate Procedure. 12 (b) An action for a petition for a vacation of judgment under AS 12.72.100 13 does not give rise to the right to a trial by jury. 14 Sec. 12.72.115. Presumption and burden of proof in vacation of judgment 15 proceedings. (a) The person petitioning the court for a vacation of judgment of 16 conviction or adjudication of delinquency for prostitution under AS 11.66.100(a)(1) or 17 misconduct involving a controlled substance under AS 11.71.050 or 11.71.060 must 18 prove all factual assertions by a preponderance of the evidence. 19 (b) There is rebuttable presumption that a person who was under 18 years of 20 age at the time of the offense under AS 11.66.100(a)(1) was or would have been a 21 victim of sex trafficking. 22 Sec. 12.72.120. Vacation of judgment. (a) If the court grants the petition for a 23 vacation of judgment, 24 (1) the judgment of conviction or adjudication of delinquency for 25 prostitution under AS 11.66.100(a)(1), misconduct involving a controlled substance 26 under AS 11.71.050 or 11.71.060, or a similar municipal ordinance shall be vacated; 27 (2) the Alaska Court System may not publish on a publicly available 28 Internet website the court records of the conviction for prostitution under 29 AS 11.66.100(a)(1), misconduct involving a controlled substance under AS 11.71.050 30 or 11.71.060, or a similar municipal ordinance if the person was not convicted of a 31 felony charge in that case; and
01 (3) the Department of Public Safety may not release information 02 related to the conviction for prostitution under AS 11.66.100(a)(1), misconduct 03 involving a controlled substance under AS 11.71.050 - 11.71.060, or a similar 04 municipal ordinance in response to a request under AS 12.62.160(b)(6), (8), or (9). 05 (b) The Alaska Court System shall remove a person's court records from a 06 publicly available Internet website under (a)(2) of this section within 30 days after 07 granting a petition for vacation of judgment. 08 * Sec. 29. AS 18.66.010 is amended to read: 09 Sec. 18.66.010. Council on Domestic Violence and Sexual Assault; 10 purpose. There is established in the Department of Public Safety the Council on 11 Domestic Violence and Sexual Assault. The purpose of the council is to provide for 12 planning and coordination of services to victims of domestic violence, sex trafficking, 13 or sexual assault or to their families and to perpetrators of domestic violence and 14 sexual assault and to provide for crisis intervention and prevention programs. 15 * Sec. 30. AS 18.66.050 is amended to read: 16 Sec. 18.66.050. Duties of the council. The council shall 17 (1) hire an executive director, and the executive director may hire staff; 18 the executive director is in the exempt service under AS 39.25.110 and staff members 19 are in the classified service under AS 39.25.100; 20 (2) elect one of its members as presiding officer; 21 (3) in consultation with authorities in the field, develop, implement, 22 maintain, and monitor domestic violence, sexual assault, and crisis intervention and 23 prevention programs, including educational programs, films, and school curricula on 24 the cause, prevention, and treatment of domestic violence, sex trafficking, and sexual 25 assault; 26 (4) coordinate services provided by the Department of Law, the 27 Department of Education and Early Development, the Department of Public Safety, 28 the Department of Health and Social Services, the Department of Corrections, and 29 other state agencies and community groups dealing with domestic violence, sex 30 trafficking, sexual assault, and crisis intervention and prevention, and provide 31 technical assistance as requested by those state agencies and community groups;
01 (5) develop and implement a standardized data collection system on 02 domestic violence, sex trafficking, sexual assault, and crisis intervention and 03 prevention; 04 (6) conduct public hearings and studies on issues relating to violence, 05 including domestic violence, sex trafficking, and sexual assault, and on issues relating 06 to the role of crisis intervention and prevention; 07 (7) receive and dispense state and federal money and award grants and 08 contracts from appropriations for the purpose to qualified local community entities for 09 domestic violence, sexual assault, and crisis intervention and prevention programs; 10 (8) oversee and audit domestic violence, sexual assault, and crisis 11 intervention and prevention programs that receive money under this chapter; 12 (9) provide fiscal and technical assistance to plan, organize, 13 implement, and administer domestic violence, sexual assault, and crisis intervention 14 and prevention programs; 15 (10) make an annual report to the governor on the activities of the 16 council, plans of the council for new services and programs, and concerns of the 17 council, including recommendations for legislation necessary to carry out the purposes 18 of this chapter; the council shall notify the legislature that the report is available; 19 (11) adopt regulations in accordance with AS 44.62 (Administrative 20 Procedure Act) to carry out the purposes of this chapter and to protect the health, 21 safety, well-being, and privacy of persons receiving services financed with grants or 22 contracts under this chapter; 23 (12) consult with the Department of Health and Social Services in the 24 formulation of standards and procedures for the delivery of services to victims of 25 domestic violence by health care facilities and practitioners of healing arts and 26 personnel in those facilities as required in AS 18.66.300; 27 (13) consult with the Alaska Police Standards Council and other police 28 training programs in the state to develop training programs regarding domestic 29 violence for police officers and for correction, probation, and parole officers; 30 (14) consult with public employers, the Alaska Supreme Court, school 31 districts, and prosecuting authorities who are required by AS 18.66.300 - 18.66.310 to
01 provide continuing education courses in domestic violence to employees. 02 * Sec. 31. AS 18.66.060 is amended to read: 03 Sec. 18.66.060. Qualifications for grants and contracts. A local community 04 entity is qualified to receive a grant or contract under this chapter if it agrees to 05 provide services approved by the council to victims of domestic violence, sex 06 trafficking, or sexual assault or their families or to perpetrators of domestic violence 07 or sexual assault without regard to ability to pay. 08 * Sec. 32. AS 18.66.210 is amended to read: 09 Sec. 18.66.210. Exceptions. The privilege provided under AS 18.66.200 does 10 not apply to 11 (1) reports of suspected child abuse or neglect under AS 47.17; 12 (2) evidence that the victim is about to commit a crime; 13 (3) a proceeding that occurs after the victim's death; 14 (4) a communication relevant to an issue of breach by the victim or 15 victim counselor of a duty arising out of the victim-victim counselor relationship; 16 (5) a communication that is determined to be admissible hearsay as an 17 excited utterance under the Alaska Rules of Evidence; 18 (6) a child-in-need-of-aid proceeding under AS 47.10; 19 (7) a communication made during the victim-victim counselor 20 relationship if the services of the counselor were sought, obtained, or used to enable 21 anyone to commit or plan a crime or to escape detection or apprehension after the 22 commission of a crime; or 23 (8) a criminal proceeding concerning criminal charges against a victim 24 of domestic violence, sex trafficking, or sexual assault where the victim is charged 25 with a crime 26 (A) under AS 11.41 against a minor; or 27 (B) in which the physical, mental, or emotional condition of the 28 victim is raised in defense of the victim. 29 * Sec. 33. AS 18.66.250(3) is amended to read: 30 (3) "victim" means a person who consults a victim counselor for 31 assistance in overcoming adverse effects of a sexual assault, sex trafficking, or
01 domestic violence; 02 * Sec. 34. AS 18.66.990(2) is amended to read: 03 (2) "crisis intervention and prevention program" means a community 04 program that provides information, education, counseling, and referral services to 05 individuals experiencing personal crisis related to domestic violence, sex trafficking, 06 or sexual assault and to individuals in personal or professional transition, excluding 07 correctional half-way houses, outpatient mental health programs, and drug or alcohol 08 rehabilitation programs; 09 * Sec. 35. AS 18.67.101 is amended to read: 10 Sec. 18.67.101. Incidents and offenses to which this chapter applies. The 11 board may order the payment of compensation in accordance with the provisions of 12 this chapter for personal injury or death that resulted from 13 (1) an attempt on the part of the applicant to prevent the commission of 14 crime, or to apprehend a suspected criminal, or aiding or attempting to aid a police 15 officer to do so, or aiding a victim of crime; [OR] 16 (2) the commission or attempt on the part of one other than the 17 applicant to commit any of the following offenses: 18 (A) murder in any degree; 19 (B) manslaughter; 20 (C) criminally negligent homicide; 21 (D) assault in any degree; 22 (E) kidnapping; 23 (F) sexual assault in any degree; 24 (G) sexual abuse of a minor; 25 (H) robbery in any degree; 26 (I) threats to do bodily harm; 27 (J) driving while under the influence of an alcoholic beverage, 28 inhalant, or controlled substance or another crime resulting from the operation 29 of a motor vehicle, boat, or airplane when the offender is under the influence 30 of an alcoholic beverage, inhalant, or controlled substance; 31 (K) arson in the first degree;
01 (L) [SEX TRAFFICKING IN VIOLATION OF AS 11.66.110 02 OR 11.66.130(a)(2)(B); 03 (M)] human trafficking in any degree; or 04 (M) [(N)] unlawful exploitation of a minor; or 05 (3) the applicant being a victim of sex trafficking as defined in 06 AS 11.81.900(b). 07 * Sec. 36. AS 18.85.100(c) is amended to read: 08 (c) An indigent person is entitled to representation under (a) and (b) of this 09 section for purposes of bringing a timely application for post-conviction relief or a 10 petition for vacation of judgment under AS 12.72. An indigent person is not entitled 11 to representation under (a) and (b) of this section for purposes of bringing 12 (1) an untimely or successive application for post-conviction relief or 13 a petition for vacation of judgment under AS 12.72 or an untimely or successive 14 motion for reduction or modification of sentence; 15 (2) a petition for review or certiorari from an appellate court ruling on 16 an application for post-conviction relief; or 17 (3) an action or claim for habeas corpus in federal court attacking a 18 state conviction. 19 * Sec. 37. AS 28.15.046(c) is amended to read: 20 (c) The department may not issue a license under this section to an applicant 21 (1) who has been convicted of any of the following offenses: 22 (A) a violation, or an attempt, solicitation, or conspiracy to 23 commit a violation, of AS 11.41.100 - 11.41.220, 11.41.260 - 11.41.320, 24 11.41.360 - 11.41.370, 11.41.410 - 11.41.470, or 11.41.500 - 11.41.530; 25 (B) a felony violation of endangering the welfare of a child in 26 the first degree under AS 11.51.100; 27 (C) felony indecent viewing or production of a picture under 28 AS 11.61.123; 29 (D) distribution of child pornography under AS 11.61.125; 30 (E) possession of child pornography under AS 11.61.127; 31 (F) distribution of indecent material to minors under
01 AS 11.61.128; 02 (G) [FELONY PROSTITUTION UNDER AS 11.66.100(e); 03 (H)] sex trafficking in the first, second, or third degree 04 [UNDER AS 11.66.110 - 11.66.130]; 05 (H) [(I)] a felony involving distribution of a controlled 06 substance under AS 11.71 or imitation controlled substance under AS 11.73; 07 (I) [(J)] a felony violation under AS 28.35.030(n) or 08 28.35.032(p); 09 (J) patron of a victim of sex trafficking under AS 11.41.355; 10 or 11 (2) who has been convicted of any of the following offenses and less 12 than two years have elapsed since the applicant's date of conviction for the offense: 13 (A) assault in the fourth degree under AS 11.41.230; 14 (B) reckless endangerment under AS 11.41.250; 15 (C) contributing to the delinquency of a minor under 16 AS 11.51.130; 17 (D) misdemeanor prostitution under AS 11.66.100(a)(2); 18 (E) a misdemeanor violation of endangering the welfare of a 19 child in the first degree under AS 11.51.100. 20 * Sec. 38. AS 34.03.360(10) is amended to read: 21 (10) "illegal activity involving a place of prostitution" means a 22 violation of AS 11.41.350(a)(2) [AS 11.66.120(a)(1) OR 11.66.130(a)(2)(A) OR (D)]; 23 * Sec. 39. AS 43.23.005 is amended by adding a new subsection to read: 24 (i) The provisions of (d) of this section do not apply if an individual's 25 conviction was vacated during the qualifying year under AS 12.72. If an individual 26 becomes eligible under this subsection, the individual is eligible to receive a 27 permanent fund dividend only for the qualifying year in which the conviction was 28 vacated and each subsequent qualifying year for which the individual is otherwise 29 eligible under this section. 30 * Sec. 40. AS 44.23.080(a) is amended to read: 31 (a) If there is reasonable cause to believe that an Internet service account has
01 been used in connection with a violation of AS 11.41.340 - 11.41.350, 11.41.452 02 [AS 11.41.452], 11.41.455, or AS 11.61.125 - 11.61.128, and that the identity, 03 address, and other information about the account owner will assist in obtaining 04 evidence that is relevant to the offense, a law enforcement officer may apply to the 05 attorney general or the attorney general's designee for an administrative subpoena to 06 obtain the business records of the Internet service provider located inside or outside of 07 the state. 08 * Sec. 41. AS 47.10.990(33) is amended to read: 09 (33) "sexual abuse" means the conduct described in AS 11.41.410 - 10 11.41.460; conduct constituting "sexual exploitation" as defined in AS 47.17.290; [,] 11 and conduct prohibited by AS 11.41.340 - 11.41.357 [AS 11.66.100 - 11.66.150]; 12 * Sec. 42. AS 47.12.110(d) is amended to read: 13 (d) Notwithstanding (a) of this section, a court hearing on a petition seeking 14 the adjudication of a minor as a delinquent shall be open to the public, except as 15 prohibited or limited by order of the court, if 16 (1) the department files with the court a motion asking the court to 17 open the hearing to the public, and the petition seeking adjudication of the minor as a 18 delinquent is based on 19 (A) the minor's alleged commission of an offense, and the 20 minor has knowingly failed to comply with all the terms and conditions 21 required of the minor by the department or imposed on the minor in a court 22 order entered under AS 47.12.040(a)(2) or 47.12.120; 23 (B) the minor's alleged commission of 24 (i) a crime against a person that is punishable as a 25 felony; 26 (ii) a crime in which the minor employed a deadly 27 weapon, as that term is defined in AS 11.81.900(b), in committing the 28 crime; 29 (iii) arson under AS 11.46.400 - 11.46.410; 30 (iv) burglary under AS 11.46.300; 31 (v) distribution of child pornography under
01 AS 11.61.125; 02 (vi) sex trafficking [IN THE FIRST DEGREE] under 03 AS 11.41.340 or 11.41.345 [AS 11.66.110]; or 04 (vii) misconduct involving a controlled substance under 05 AS 11.71 involving the delivery of a controlled substance or the 06 possession of a controlled substance with intent to deliver, other than 07 an offense under AS 11.71.040 or 11.71.050; or 08 (C) the minor's alleged commission of a felony and the minor 09 was 16 years of age or older at the time of commission of the offense when the 10 minor has previously been convicted or adjudicated a delinquent minor based 11 on the minor's commission of an offense that is a felony; or 12 (2) the minor agrees to a public hearing on the petition seeking 13 adjudication of the minor as a delinquent. 14 * Sec. 43. AS 47.12.315(a) is amended to read: 15 (a) Notwithstanding AS 47.12.310 and except as otherwise provided in this 16 section, the department shall disclose information to the public, on request, concerning 17 a minor subject to this chapter who was at least 13 years of age at the time of 18 commission of 19 (1) a felony offense against a person under AS 11.41; 20 (2) arson in the first or second degree; 21 (3) burglary in the first degree; 22 (4) distribution of child pornography; 23 (5) sex trafficking under AS 11.41.340 or 11.41.345 [IN THE FIRST 24 DEGREE]; 25 (6) misconduct involving a controlled substance in the first, second, or 26 third degrees involving distribution or possession with intent to deliver; or 27 (7) misconduct involving weapons in the first through fourth degrees. 28 * Sec. 44. AS 47.17.290(18) is amended to read: 29 (18) "sexual exploitation" includes 30 (A) allowing, permitting, or encouraging a child to engage in a 31 commercial sexual act prohibited by AS 11.41.340 - 11.41.357 or
01 prostitution prohibited by AS 11.66.100 [AS 11.66.100 - 11.66.150], by a 02 person responsible for the child's welfare; 03 (B) allowing, permitting, encouraging, or engaging in activity 04 prohibited by AS 11.41.455(a), by a person responsible for the child's welfare. 05 * Sec. 45. AS 11.31.120(h)(2)(E), 11.31.120(h)(2)(F); AS 11.41.360(b), 11.41.470(7); 06 AS 11.56.765(c)(3), 11.56.767(c)(3); AS 11.66.100(b), 11.66.100(c)(1)(Z), 11.66.100(e), 07 11.66.110, 11.66.120, 11.66.130, 11.66.135, 11.66.140, 11.66.145, and 11.66.150 are 08 repealed. 09 * Sec. 46. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 APPLICABILITY. (a) The following sections apply to offenses committed on or after 12 the effective date of those sections: 13 (1) AS 11.41.340 - 11.41.357, enacted by sec. 3 of this Act; 14 (2) AS 11.41.360(a), as amended by sec. 4 of this Act; 15 (3) AS 11.41.360(c), as amended by sec. 5 of this Act; 16 (4) AS 11.41.365, as amended by sec. 6 of this Act; 17 (5) AS 11.41.366 - 11.41.369, enacted by sec. 7 of this Act; 18 (6) AS 11.41.530(a), as amended by sec. 8 of this Act; 19 (7) AS 11.66.100(c), as amended by sec. 9 of this Act; 20 (8) AS 11.66.100(d), as amended by sec. 10 of this Act; 21 (9) AS 11.66.100(f), enacted by sec. 11 of this Act; 22 (10) AS 11.81.250(a), as amended by sec. 12 of this Act; 23 (11) AS 11.81.250(b), as amended by sec. 13 of this Act; 24 (12) AS 12.10.010(a), as amended by sec. 15 of this Act; 25 (13) AS 12.37.010, as amended by sec. 16 of this Act. 26 (b) The following sections apply to sentences imposed on or after the effective date of 27 those sections for conduct occurring on or after the effective date of those sections: 28 (1) AS 12.55.035(b), as amended by sec. 18 of this Act; 29 (2) AS 12.55.078(f), as amended by sec. 19 of this Act; 30 (3) AS 12.55.085(f), as amended by sec. 20 of this Act; 31 (4) AS 12.55.125(b), as amended by sec. 21 of this Act;
01 (5) AS 12.55.125(i), as amended by sec. 22 of this Act; 02 (6) AS 12.55.135(q), enacted by sec. 23 of this Act; 03 (7) AS 12.55.185(10), as amended by sec. 24 of this Act; 04 (8) AS 12.55.185(16), as amended by sec. 25 of this Act; 05 (9) AS 12.62.900(23), as amended by sec. 26 of this Act. 06 (c) AS 12.63.100(7), as amended by sec. 27 of this Act, applies to the duty to register 07 as a sex offender for offenses committed on or after the effective date of sec. 27 of this Act. 08 (d) AS 12.72.100 - 12.72.120, enacted by sec. 28 of this Act, and AS 18.85.100(c), as 09 amended by sec. 36 of this Act, apply to petitions filed on or after the effective date of sec. 28 10 of this Act for conduct occurring before, on, or after the effective date of sec. 28 of this Act. 11 (e) The following sections apply to communications made on or after the effective 12 date of those sections relating to offenses occurring on or after the effective date of those 13 sections: 14 (1) AS 09.25.400, as amended by sec. 2 of this Act; 15 (2) AS 12.45.049, as amended by sec. 17 of this Act; 16 (3) AS 18.66.210, as amended by sec. 32 of this Act; 17 (4) AS 18.66.250(3), as amended by sec. 33 of this Act. 18 * Sec. 47. Section 28 of this Act takes effect January 1, 2023. 19 * Sec. 48. Except as provided in sec. 47 of this Act, this Act takes effect July 1, 2022.