HB 265: "An Act changing the term 'child pornography' to 'child sexual abuse material.'"
00 HOUSE BILL NO. 265 01 "An Act changing the term 'child pornography' to 'child sexual abuse material.'" 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 11.61.125(a) is amended to read: 04 (a) A person commits the crime of distribution of child sexual abuse material 05 [PORNOGRAPHY] if the person distributes in this state or advertises, promotes, 06 solicits, or offers to distribute in this state any material that is proscribed under 07 AS 11.61.127. 08 * Sec. 2. AS 11.61.125(e) is amended to read: 09 (e) Distribution of child sexual abuse material [PORNOGRAPHY] is a 10 (1) class B felony; or 11 (2) class A felony if the person has been previously convicted of 12 distribution of child sexual abuse material [PORNOGRAPHY] in this jurisdiction or 13 a similar crime in this or another jurisdiction. 14 * Sec. 3. AS 11.61.127(a) is amended to read: 15 (a) A person commits the crime of possession of child sexual abuse material
01 [PORNOGRAPHY] if the person knowingly possesses or knowingly accesses on a 02 computer with intent to view any material that visually depicts conduct described in 03 AS 11.41.455(a) knowing that the production of the material involved the use of a 04 child under 18 years of age who engaged in the conduct or a depiction of a part of an 05 actual child under 18 years of age who, by manipulation, creation, or modification, 06 appears to be engaged in the conduct. 07 * Sec. 4. AS 11.61.127(g) is amended to read: 08 (g) Possession of child sexual abuse material [PORNOGRAPHY] is a class 09 C felony. 10 * Sec. 5. AS 11.66.100(c) is amended to read: 11 (c) A person may not be prosecuted under (a)(1) of this section if the 12 (1) person witnessed or was a victim of, and reported to law 13 enforcement in good faith, one or more of the following crimes: 14 (A) murder in the first degree under AS 11.41.100; 15 (B) murder in the second degree under AS 11.41.110; 16 (C) manslaughter under AS 11.41.120; 17 (D) criminally negligent homicide under AS 11.41.130; 18 (E) assault in the first degree under AS 11.41.200; 19 (F) assault in the second degree under AS 11.41.210; 20 (G) assault in the third degree under AS 11.41.220; 21 (H) assault in the fourth degree under AS 11.41.230; 22 (I) sexual assault in the first degree under AS 11.41.410; 23 (J) sexual assault in the second degree under AS 11.41.420; 24 (K) sexual assault in the third degree under AS 11.41.425; 25 (L) sexual assault in the fourth degree under AS 11.41.427; 26 (M) sexual abuse of a minor in the first degree under 27 AS 11.41.434; 28 (N) sexual abuse of a minor in the second degree under 29 AS 11.41.436; 30 (O) sexual abuse of a minor in the third degree under 31 AS 11.41.438;
01 (P) sexual abuse of a minor in the fourth degree under 02 AS 11.41.440; 03 (Q) robbery in the first degree under AS 11.41.500; 04 (R) robbery in the second degree under AS 11.41.510; 05 (S) extortion under AS 11.41.520; 06 (T) coercion under AS 11.41.530; 07 (U) distribution of child sexual abuse material 08 [PORNOGRAPHY] under AS 11.61.125; 09 (V) possession of child sexual abuse material 10 [PORNOGRAPHY] under AS 11.61.127; 11 (W) sex trafficking in the first degree under AS 11.66.110; 12 (X) sex trafficking in the second degree under AS 11.66.120; 13 (Y) sex trafficking in the third degree under AS 11.66.130; or 14 (Z) sex trafficking in the fourth degree under AS 11.66.135; 15 (2) evidence supporting the prosecution under (a)(1) of this section 16 was obtained or discovered as a result of the person reporting the crime to law 17 enforcement; and 18 (3) person cooperated with law enforcement personnel. 19 * Sec. 6. AS 12.10.010(a) is amended to read: 20 (a) Prosecution for the following offenses may be commenced at any time: 21 (1) murder; 22 (2) attempt, solicitation, or conspiracy to commit murder or hindering 23 the prosecution of murder; 24 (3) felony sexual abuse of a minor; 25 (4) sexual assault that is an unclassified, class A, or class B felony or a 26 violation of AS 11.41.425(a)(2) - (4); 27 (5) a violation of AS 11.41.425, 11.41.427, 11.41.450 - 11.41.458, 28 AS 11.66.110 - 11.66.130, or former AS 11.41.430, when committed against a person 29 who, at the time of the offense, was under 18 years of age; 30 (6) kidnapping; 31 (7) distribution of child sexual abuse material [PORNOGRAPHY] in
01 violation of AS 11.61.125; 02 (8) sex trafficking in violation of AS 11.66.110 - 11.66.130 that is an 03 unclassified, class A, or class B felony or that is committed against a person who, at 04 the time of the offense, was under 20 years of age; 05 (9) human trafficking in violation of AS 11.41.360 or 11.41.365. 06 * Sec. 7. AS 12.55.125(i) is amended to read: 07 (i) A defendant convicted of 08 (1) sexual assault in the first degree under AS 11.41.410(a)(1)(A), (2), 09 (3), or (4), sexual abuse of a minor in the first degree, unlawful exploitation of a minor 10 under AS 11.41.455(c)(2), or sex trafficking in the first degree under 11 AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 12 than 99 years and shall be sentenced to a definite term within the following 13 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 14 (A) if the offense is a first felony conviction, the offense does 15 not involve circumstances described in (B) of this paragraph, and the victim 16 was 17 (i) less than 13 years of age, 25 to 35 years; 18 (ii) 13 years of age or older, 20 to 30 years; 19 (B) if the offense is a first felony conviction and the defendant 20 possessed a firearm, used a dangerous instrument, or caused serious physical 21 injury during the commission of the offense, 25 to 35 years; 22 (C) if the offense is a second felony conviction and does not 23 involve circumstances described in (D) of this paragraph, 30 to 40 years; 24 (D) if the offense is a second felony conviction and the 25 defendant has a prior conviction for a sexual felony, 35 to 45 years; 26 (E) if the offense is a third felony conviction and the defendant 27 is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 28 to 60 years; 29 (F) if the offense is a third felony conviction, the defendant is 30 not subject to sentencing under (l) of this section, and the defendant has two 31 prior convictions for sexual felonies, 99 years;
01 (2) sexual assault in the first degree under AS 11.41.410(a)(1)(B), 02 unlawful exploitation of a minor under AS 11.41.455(c)(1), enticement of a minor 03 under AS 11.41.452(e), or attempt, conspiracy, or solicitation to commit sexual assault 04 in the first degree under AS 11.41.410(a)(1)(A), (2), (3), or (4), sexual abuse of a 05 minor in the first degree, or sex trafficking in the first degree under 06 AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 07 than 99 years and shall be sentenced to a definite term within the following 08 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 09 (A) if the offense is a first felony conviction, the offense does 10 not involve circumstances described in (B) of this paragraph, and the victim 11 was 12 (i) under 13 years of age, 20 to 30 years; 13 (ii) 13 years of age or older, 15 to 30 years; 14 (B) if the offense is a first felony conviction and the defendant 15 possessed a firearm, used a dangerous instrument, or caused serious physical 16 injury during the commission of the offense, 25 to 35 years; 17 (C) if the offense is a second felony conviction and does not 18 involve circumstances described in (D) of this paragraph, 25 to 35 years; 19 (D) if the offense is a second felony conviction and the 20 defendant has a prior conviction for a sexual felony, 30 to 40 years; 21 (E) if the offense is a third felony conviction, the offense does 22 not involve circumstances described in (F) of this paragraph, and the defendant 23 is not subject to sentencing under (l) of this section, 35 to 50 years; 24 (F) if the offense is a third felony conviction, the defendant is 25 not subject to sentencing under (l) of this section, and the defendant has two 26 prior convictions for sexual felonies, 99 years; 27 (3) sexual assault in the second degree, sexual abuse of a minor in the 28 second degree, enticement of a minor under AS 11.41.452(d), indecent exposure in the 29 first degree under AS 11.41.458(b)(2), distribution of child sexual abuse material 30 [PORNOGRAPHY] under AS 11.61.125(e)(2), or attempt, conspiracy, or solicitation 31 to commit sexual assault in the first degree under AS 11.41.410(a)(1)(B) 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) sexual assault in the third degree, sexual abuse of a minor in the 14 third degree under AS 11.41.438(c), incest, indecent exposure in the first degree under 15 AS 11.41.458(b)(1), indecent viewing or production of a picture under 16 AS 11.61.123(f)(1) or (2), possession of child sexual abuse material 17 [PORNOGRAPHY], distribution of child sexual abuse material [PORNOGRAPHY] 18 under AS 11.61.125(e)(1), or attempt, conspiracy, or solicitation to commit sexual 19 assault in the second degree, sexual abuse of a minor in the second degree, unlawful 20 exploitation of a minor, or distribution of child sexual abuse material 21 [PORNOGRAPHY], may be sentenced to a definite term of imprisonment of not more 22 than 99 years and shall be sentenced to a definite term within the following 23 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 24 (A) if the offense is a first felony conviction and does not 25 involve the circumstances described in (B) or (C) of this paragraph, two to 12 26 years; 27 (B) if the offense is a first felony conviction under 28 AS 11.61.125(e)(1) and does not involve circumstances described in (C) of this 29 paragraph, four to 12 years; 30 (C) if the offense is a first felony conviction under 31 AS 11.61.125(e)(1), and the defendant hosted, created, or helped host or create
01 a mechanism for multi-party sharing or distribution of child sexual abuse 02 material [PORNOGRAPHY], or received a financial benefit or had a financial 03 interest in a child sexual abuse material [PORNOGRAPHY] sharing or 04 distribution mechanism, six to 14 years; 05 (D) if the offense is a second felony conviction and does not 06 involve circumstances described in (E) of this paragraph, eight to 15 years; 07 (E) if the offense is a second felony conviction and the 08 defendant has a prior conviction for a sexual felony, 12 to 20 years; 09 (F) if the offense is a third felony conviction and does not 10 involve circumstances described in (G) of this paragraph, 15 to 25 years; 11 (G) if the offense is a third felony conviction and the defendant 12 has two prior convictions for sexual felonies, 99 years. 13 * Sec. 8. AS 12.55.127(d) is amended to read: 14 (d) If the defendant is being sentenced for two or more crimes of distribution 15 of child sexual abuse material [PORNOGRAPHY] under AS 11.61.125, possession 16 of child sexual abuse material [PORNOGRAPHY] under AS 11.61.127, or 17 distribution of indecent material to minors under AS 11.61.128, a consecutive term of 18 imprisonment shall be imposed for some additional term of imprisonment for each 19 additional crime or each additional attempt or solicitation to commit the offense. 20 * Sec. 9. AS 12.55.185(16) is amended to read: 21 (16) "sexual felony" means sexual assault in the first degree, sexual 22 abuse of a minor in the first degree, sex trafficking in the first degree, sexual assault in 23 the second degree, sexual abuse of a minor in the second degree, sexual abuse of a 24 minor in the third degree under AS 11.41.438(c), unlawful exploitation of a minor, 25 indecent viewing or production of a picture under AS 11.61.123(f)(1) or (2), 26 distribution of child sexual abuse material [PORNOGRAPHY], sexual assault in the 27 third degree, incest, indecent exposure in the first degree, possession of child sexual 28 abuse material [PORNOGRAPHY], enticement of a minor, and felony attempt, 29 conspiracy, or solicitation to commit those crimes; 30 * Sec. 10. AS 12.63.100(7) is amended to read: 31 (7) "sex offense" means
01 (A) a crime under AS 11.41.100(a)(3), or a similar law of 02 another jurisdiction, in which the person committed or attempted to commit a 03 sexual offense, or a similar offense under the laws of the other jurisdiction; in 04 this subparagraph, "sexual offense" has the meaning given in 05 AS 11.41.100(a)(3); 06 (B) a crime under AS 11.41.110(a)(3), or a similar law of 07 another jurisdiction, in which the person committed or attempted to commit 08 one of the following crimes, or a similar law of another jurisdiction: 09 (i) sexual assault in the first degree; 10 (ii) sexual assault in the second degree; 11 (iii) sexual abuse of a minor in the first degree; or 12 (iv) sexual abuse of a minor in the second degree; 13 (C) a crime, or an attempt, solicitation, or conspiracy to commit 14 a crime, under the following statutes or a similar law of another jurisdiction: 15 (i) AS 11.41.410 - 11.41.438; 16 (ii) AS 11.41.440(a)(2); 17 (iii) AS 11.41.450 - 11.41.458; 18 (iv) AS 11.41.460 or AS 26.05.900(c) if the indecent 19 exposure is before a person under 16 years of age and the offender has 20 previously been convicted under AS 11.41.460 or AS 26.05.900(c); 21 (v) AS 11.61.125 - 11.61.128; 22 (vi) AS 11.66.110, 11.66.130(a)(2)(B), or 23 AS 26.05.900(b) if the person who was induced or caused to engage in 24 prostitution was under 20 years of age at the time of the offense; 25 (vii) former AS 11.15.120, former 11.15.134, or assault 26 with the intent to commit rape under former AS 11.15.160, former 27 AS 11.40.110, or former 11.40.200; 28 (viii) AS 11.61.118(a)(2) if the offender has a previous 29 conviction for that offense; 30 (ix) AS 11.66.100(a)(2) if the offender is subject to 31 punishment under AS 11.66.100(e);
01 (x) AS 26.05.890 if the person engaged in sexual 02 penetration or sexual contact with the victim; 03 (xi) AS 26.05.890 if, at the time of the offense, the 04 victim is under a duty to obey the lawful orders of the offender, 05 regardless of whether the offender is in the direct chain of command 06 over the victim; 07 (xii) AS 26.05.893 if the person engaged in sexual 08 penetration or sexual contact with the victim; 09 (xiii) AS 26.05.900(a)(1) - (4) if the victim is under 18 10 years of age at the time of the offense; 11 (xiv) AS 26.05.900 if, at the time of the offense, the 12 victim is under a duty to obey the lawful orders of the offender, 13 regardless of whether the offender is in the direct chain of command 14 over the victim; or 15 (xv) AS 11.61.123 if the offender is subject to 16 punishment under AS 11.61.123(f)(1) or (2); 17 (D) an offense, or an attempt, solicitation, or conspiracy to 18 commit an offense, under AS 26.05.935(b), or a similar law of another 19 jurisdiction, if the member of the militia commits one of the following 20 enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform 21 Code of Military Justice): 22 (i) child sexual abuse material [PORNOGRAPHY]; or 23 (ii) pandering and prostitution if the person who is 24 induced, enticed, caused, or procured to engage in a sexual act is under 25 20 years of age at the time of the offense; or 26 (E) an offense in which the person is required to register as a 27 sex offender under the laws of another jurisdiction; 28 * Sec. 11. AS 15.80.010(10) is amended to read: 29 (10) "felony involving moral turpitude" includes those crimes that are 30 immoral or wrong in themselves such as murder, manslaughter, assault, sexual assault, 31 sexual abuse of a minor, unlawful exploitation of a minor, robbery, extortion,
01 coercion, kidnapping, incest, arson, burglary, theft, forgery, criminal possession of a 02 forgery device, offering a false instrument for recording, scheme to defraud, falsifying 03 business records, commercial bribe receiving, commercial bribery, bribery, receiving a 04 bribe, perjury, perjury by inconsistent statements, endangering the welfare of a minor, 05 escape, promoting contraband, interference with official proceedings, receiving a bribe 06 by a witness or a juror, jury tampering, misconduct by a juror, tampering with physical 07 evidence, hindering prosecution, terroristic threatening, riot, criminal possession of 08 explosives, unlawful furnishing of explosives, sex trafficking, criminal mischief, 09 misconduct involving a controlled substance or an imitation controlled substance, 10 permitting an escape, promoting gambling, possession of gambling records, 11 distribution of child sexual abuse material [PORNOGRAPHY], and possession of 12 child sexual abuse material [PORNOGRAPHY]; 13 * Sec. 12. AS 28.15.046(c) is amended to read: 14 (c) The department may not issue a license under this section to an applicant 15 (1) who has been convicted of any of the following offenses: 16 (A) a violation, or an attempt, solicitation, or conspiracy to 17 commit a violation, of AS 11.41.100 - 11.41.220, 11.41.260 - 11.41.320, 18 11.41.360 - 11.41.370, 11.41.410 - 11.41.470, or 11.41.500 - 11.41.530; 19 (B) a felony violation of endangering the welfare of a child in 20 the first degree under AS 11.51.100; 21 (C) felony indecent viewing or production of a picture under 22 AS 11.61.123; 23 (D) distribution of child sexual abuse material 24 [PORNOGRAPHY] under AS 11.61.125; 25 (E) possession of child sexual abuse material 26 [PORNOGRAPHY] under AS 11.61.127; 27 (F) distribution of indecent material to minors under 28 AS 11.61.128; 29 (G) felony prostitution under AS 11.66.100(e); 30 (H) sex trafficking in the first, second, or third degree under 31 AS 11.66.110 - 11.66.130;
01 (I) a felony involving distribution of a controlled substance 02 under AS 11.71 or imitation controlled substance under AS 11.73; 03 (J) a felony violation under AS 28.35.030(n) or 28.35.032(p); 04 or 05 (2) who has been convicted of any of the following offenses and less 06 than two years have elapsed since the applicant's date of conviction for the offense: 07 (A) assault in the fourth degree under AS 11.41.230; 08 (B) reckless endangerment under AS 11.41.250; 09 (C) contributing to the delinquency of a minor under 10 AS 11.51.130; 11 (D) misdemeanor prostitution under AS 11.66.100(a)(2); 12 (E) a misdemeanor violation of endangering the welfare of a 13 child in the first degree under AS 11.51.100. 14 * Sec. 13. AS 47.12.110(d) is amended to read: 15 (d) Notwithstanding (a) of this section, a court hearing on a petition seeking 16 the adjudication of a minor as a delinquent shall be open to the public, except as 17 prohibited or limited by order of the court, if 18 (1) the department files with the court a motion asking the court to 19 open the hearing to the public, and the petition seeking adjudication of the minor as a 20 delinquent is based on 21 (A) the minor's alleged commission of an offense, and the 22 minor has knowingly failed to comply with all the terms and conditions 23 required of the minor by the department or imposed on the minor in a court 24 order entered under AS 47.12.040(a)(2) or 47.12.120; 25 (B) the minor's alleged commission of 26 (i) a crime against a person that is punishable as a 27 felony; 28 (ii) a crime in which the minor employed a deadly 29 weapon, as that term is defined in AS 11.81.900(b), in committing the 30 crime; 31 (iii) arson under AS 11.46.400 - 11.46.410;
01 (iv) burglary under AS 11.46.300; 02 (v) distribution of child sexual abuse material 03 [PORNOGRAPHY] under AS 11.61.125; 04 (vi) sex trafficking in the first degree under 05 AS 11.66.110; or 06 (vii) misconduct involving a controlled substance under 07 AS 11.71 involving the delivery of a controlled substance or the 08 possession of a controlled substance with intent to deliver, other than 09 an offense under AS 11.71.040 or 11.71.050; or 10 (C) the minor's alleged commission of a felony and the minor 11 was 16 years of age or older at the time of commission of the offense when the 12 minor has previously been convicted or adjudicated a delinquent minor based 13 on the minor's commission of an offense that is a felony; or 14 (2) the minor agrees to a public hearing on the petition seeking 15 adjudication of the minor as a delinquent. 16 * Sec. 14. AS 47.12.315(a) is amended to read: 17 (a) Notwithstanding AS 47.12.310 and except as otherwise provided in this 18 section, the department shall disclose information to the public, on request, concerning 19 a minor subject to this chapter who was at least 13 years of age at the time of 20 commission of 21 (1) a felony offense against a person under AS 11.41; 22 (2) arson in the first or second degree; 23 (3) burglary in the first degree; 24 (4) distribution of child sexual abuse material [PORNOGRAPHY]; 25 (5) sex trafficking in the first degree; 26 (6) misconduct involving a controlled substance in the first, second, or 27 third degrees involving distribution or possession with intent to deliver; or 28 (7) misconduct involving weapons in the first through fourth degrees.