CSHB 47(JUD): "An Act relating to crime and criminal procedure; relating to generated obscene child sexual abuse material; relating to teaching certificates; and relating to licensing of school bus drivers."
00 CS FOR HOUSE BILL NO. 47(JUD) 01 "An Act relating to crime and criminal procedure; relating to generated obscene child 02 sexual abuse material; relating to teaching certificates; and relating to licensing of 03 school bus drivers." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 11.61.120(a) is amended to read: 06 (a) A person commits the crime of harassment in the second degree if, with 07 intent to harass or annoy another person, that person 08 (1) insults, taunts, or challenges another person in a manner likely to 09 provoke an immediate violent response; 10 (2) telephones another and fails to terminate the connection with intent 11 to impair the ability of that person to place or receive telephone calls; 12 (3) makes repeated telephone calls at extremely inconvenient hours; 13 (4) makes an anonymous or obscene telephone call, an obscene 14 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; 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, 10 AS 11.61.121, 11.61.125 [AS 11.61.125], or 11.61.128, repeatedly sends to another 11 person, publishes, or distributes electronic or printed photographs, pictures, or films 12 that show the genitals of any person. 13 * Sec. 2. AS 11.61 is amended by adding new sections to read: 14 Sec. 11.61.121. Distribution of generated obscene child sexual abuse 15 material. (a) A person commits the crime of distribution of generated obscene child 16 sexual abuse material if the person distributes in this state or advertises, promotes, 17 solicits, or offers to distribute in this state any material that is proscribed under 18 AS 11.61.122. 19 (b) The possession of 100 or more films, audio, video, electronic, or 20 electromagnetic recordings, photographs, negatives, slides, books, newspapers, 21 magazines, or other materials, including a combination of these items totaling 100 or 22 more, is prima facie evidence of distribution and intent to distribute under (a) of this 23 section. 24 (c) In this section, "distribution" includes the following, whether or not for 25 monetary or other consideration: delivering, selling, renting, leasing, lending, giving, 26 circulating, exhibiting, presenting, providing, exchanging, placing on a computer 27 network or computer system, and providing billing collection, or other ancillary 28 services for or otherwise supporting these activities. 29 (d) Distribution of generated obscene child sexual abuse material is a 30 (1) class B felony; or 31 (2) class A felony if the person has been previously convicted of
01 distribution of generated obscene child sexual abuse material in this jurisdiction, 02 distribution of child sexual abuse materials under AS 11.61.125, or a similar crime in 03 this or another jurisdiction. 04 Sec. 11.61.122. Possession of generated obscene child sexual abuse 05 material. (a) A person commits the crime of possession of generated obscene child 06 sexual abuse material if the person knowingly possesses or knowingly accesses on a 07 computer with intent to view any material that 08 (1) the average person, applying contemporary community standards, 09 would find, when considered as a whole, appeals to the prurient interest; 10 (2) depicts, in a patently offensive way, a child under 18 years of age 11 who, by manipulation, creation, or modification, appears to be engaged in conduct 12 described in AS 11.41.455(a)(1) - (7), regardless of whether an actual child was used; 13 and 14 (3) when considered as a whole, lacks serious literary, artistic, 15 political, or scientific value. 16 (b) This section does not apply to an employee or contractor of an interactive 17 computer service, Internet service provider, cloud service provider, or 18 telecommunications network who, while acting in the scope of employment, possesses 19 or accesses the material described in (a) of this section solely to prevent, detect, report, 20 or otherwise respond to the production, generation, manipulation, or modification of 21 the material. In this subsection, "interactive computer service" has the meaning given 22 in AS 11.61.127(b). 23 (c) In this section, "computer" has the meaning given in AS 11.46.990. 24 (d) Possession of generated obscene child sexual abuse material is a class C 25 felony. 26 * Sec. 3. AS 11.61.125(e) is amended to read: 27 (e) Distribution of child sexual abuse material is a 28 (1) class B felony; or 29 (2) class A felony if the person has been previously convicted of 30 distribution of child sexual abuse material in this jurisdiction, distribution of 31 generated obscene child sexual abuse material under AS 11.61.121, or a similar
01 crime in this or another jurisdiction. 02 * Sec. 4. AS 11.61.127(a) is amended to read: 03 (a) A person commits the crime of possession of child sexual abuse material if 04 the person knowingly possesses or knowingly accesses on a computer with intent to 05 view any material that visually depicts conduct described in AS 11.41.455(a)(1) - (7) 06 [AS 11.41.455(a)] knowing that the 07 (1) production of the material involved the use of a child under 18 08 years of age who engaged in the conduct; or 09 (2) material depicts [A DEPICTION OF] a part of an actual child 10 under 18 years of age who, by manipulation, creation, or modification, appears to be 11 engaged in the conduct. 12 * Sec. 5. AS 11.61.127(b) is amended to read: 13 (b) This section does not apply to 14 (1) persons providing plethysmograph assessments in the course of a 15 sex offender treatment program that meets the minimum standards under 16 AS 33.30.011(a)(5); or 17 (2) an employee or contractor of an interactive computer service, 18 Internet service provider, cloud service provider, or telecommunications network 19 who, while acting in the scope of employment, possesses or accesses the material 20 described in (a) of this section solely to prevent, detect, report, or otherwise 21 respond to the production, generation, manipulation, or modification of the 22 material; in this paragraph, "interactive computer service" means an 23 information service, system, or access software provider that provides or enables 24 computer access by multiple users to a computer server, including specifically a 25 service or system that provides access to the Internet and those systems operated 26 or services offered by libraries or educational institutions. 27 * Sec. 6. AS 11.61.129(a) is amended to read: 28 (a) Property used to aid a violation of AS 11.61.121 - 11.61.128 29 [AS 11.61.123 - 11.61.128] or to aid the solicitation of, attempt to commit, or 30 conspiracy to commit a violation of AS 11.61.121 - 11.61.128 [AS 11.61.123 - 31 11.61.128] may be forfeited to the state upon the conviction of the offender.
01 * Sec. 7. AS 11.66.100(c) is amended to read: 02 (c) A person may not be prosecuted under (a)(1) of this section if the 03 (1) person witnessed or was a victim of, and reported to law 04 enforcement in good faith, one or more of the following crimes: 05 (A) murder in the first degree under AS 11.41.100; 06 (B) murder in the second degree under AS 11.41.110; 07 (C) manslaughter under AS 11.41.120; 08 (D) criminally negligent homicide under AS 11.41.130; 09 (E) assault in the first degree under AS 11.41.200; 10 (F) assault in the second degree under AS 11.41.210; 11 (G) assault in the third degree under AS 11.41.220; 12 (H) assault in the fourth degree under AS 11.41.230; 13 (I) sexual assault in the first degree under AS 11.41.410; 14 (J) sexual assault in the second degree under AS 11.41.420; 15 (K) sexual assault in the third degree under AS 11.41.425; 16 (L) sexual assault in the fourth degree under AS 11.41.427; 17 (M) sexual abuse of a minor in the first degree under 18 AS 11.41.434; 19 (N) sexual abuse of a minor in the second degree under 20 AS 11.41.436; 21 (O) sexual abuse of a minor in the third degree under 22 AS 11.41.438; 23 (P) sexual abuse of a minor in the fourth degree under 24 AS 11.41.440; 25 (Q) robbery in the first degree under AS 11.41.500; 26 (R) robbery in the second degree under AS 11.41.510; 27 (S) extortion under AS 11.41.520; 28 (T) coercion under AS 11.41.530; 29 (U) distribution of child sexual abuse material under 30 AS 11.61.125; 31 (V) possession of child sexual abuse material under
01 AS 11.61.127; 02 (W) sex trafficking in the first degree under AS 11.66.110; 03 (X) sex trafficking in the second degree under AS 11.66.120; 04 (Y) sex trafficking in the third degree under AS 11.66.130; 05 [OR] 06 (Z) sex trafficking in the fourth degree under AS 11.66.135; 07 (AA) distribution of generated obscene child sexual abuse 08 material under AS 11.61.121; or 09 (BB) possession of generated obscene child sexual abuse 10 material under AS 11.61.122; 11 (2) evidence supporting the prosecution under (a)(1) of this section 12 was obtained or discovered as a result of the person reporting the crime to law 13 enforcement; and 14 (3) person cooperated with law enforcement personnel. 15 * Sec. 8. AS 12.10.010(a) is amended to read: 16 (a) Prosecution for the following offenses may be commenced at any time: 17 (1) murder; 18 (2) attempt, solicitation, or conspiracy to commit murder or hindering 19 the prosecution of murder; 20 (3) felony sexual abuse of a minor; 21 (4) sexual assault that is an unclassified, class A, or class B felony or a 22 violation of AS 11.41.425(a)(2) - (4); 23 (5) a violation of AS 11.41.425, 11.41.427, 11.41.450 - 11.41.458, 24 AS 11.66.110 - 11.66.130, or former AS 11.41.430, when committed against a person 25 who, at the time of the offense, was under 18 years of age; 26 (6) kidnapping; 27 (7) distribution of generated obscene child sexual abuse material in 28 violation of AS 11.61.121 or distribution of child sexual abuse material in violation of 29 AS 11.61.125; 30 (8) sex trafficking in violation of AS 11.66.110 - 11.66.130 that is an 31 unclassified, class A, or class B felony or that is committed against a person who, at
01 the time of the offense, was under 20 years of age; 02 (9) human trafficking in violation of AS 11.41.360 or 11.41.365. 03 * Sec. 9. AS 12.55.078(f) is amended to read: 04 (f) The court may not suspend the imposition or entry of judgment and may 05 not defer prosecution under this section of a person who 06 (1) is charged with a violation of AS 11.41.100 - 11.41.220, 11.41.260 07 - 11.41.320, 11.41.360 - 11.41.370, 11.41.410 - 11.41.530, AS 11.46.400, 08 AS 11.61.121, 11.61.122, 11.61.125 - 11.61.128 [AS 11.61.125 - 11.61.128], or 09 AS 11.66.110 - 11.66.135; 10 (2) uses a firearm in the commission of the offense for which the 11 person is charged; 12 (3) has previously been granted a suspension of judgment under this 13 section or a similar statute in another jurisdiction, unless the court enters written 14 findings that by clear and convincing evidence the person's prospects for rehabilitation 15 are high and suspending judgment under this section adequately protects the victim of 16 the offense, if any, and the community; 17 (4) is charged with a violation of AS 11.41.230, 11.41.250, or a felony 18 and the person has one or more prior convictions for a misdemeanor violation of 19 AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction 20 having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a 21 felony in this state; for the purposes of this paragraph, a person shall be considered to 22 have a prior conviction even if 23 (A) the charges were dismissed under this section; 24 (B) the conviction has been set aside under AS 12.55.085; or 25 (C) the charge or conviction was dismissed or set aside under 26 an equivalent provision of the laws of another jurisdiction; or 27 (5) is charged with a crime involving domestic violence, as defined in 28 AS 18.66.990. 29 * Sec. 10. AS 12.55.085(f) is amended to read: 30 (f) The court may not suspend the imposition of sentence of a person who 31 (1) is convicted of a violation of AS 11.41.100 - 11.41.220, 11.41.260
01 - 11.41.320, 11.41.360 - 11.41.370, 11.41.410 - 11.41.530, AS 11.46.400, 02 AS 11.61.121, 11.61.122, 11.61.125 - 11.61.128 [AS 11.61.125 - 11.61.128], or 03 AS 11.66.110 - 11.66.135; 04 (2) uses a firearm in the commission of the offense for which the 05 person is convicted; or 06 (3) is convicted of a violation of AS 11.41.230 - 11.41.250 or a felony 07 and the person has one or more prior convictions for a misdemeanor violation of 08 AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction 09 having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a 10 felony in this state; for the purposes of this paragraph, a person shall be considered to 11 have a prior conviction even if that conviction has been set aside under (e) of this 12 section or under the equivalent provision of the laws of another jurisdiction. 13 * Sec. 11. AS 12.55.100(e) is amended to read: 14 (e) In addition to other conditions imposed on the defendant, while on 15 probation and as a condition of probation 16 (1) for a sex offense, as described in AS 12.63.100, the defendant 17 (A) shall be required to submit to regular periodic polygraph 18 examinations; 19 (B) may be required to provide each electronic mail address, 20 instant messaging address, and other Internet communication identifier that the 21 defendant uses to the defendant's probation officer; the probation officer shall 22 forward those addresses and identifiers to the Alaska state troopers and to the 23 local law enforcement agency; 24 (2) if the defendant was convicted of a violation of AS 11.41.434 - 25 11.41.455, AS 11.61.121, 11.61.122, 11.61.125 - 11.61.128 [AS 11.61.125 - 26 11.61.128], or a similar offense in another jurisdiction, the defendant may be required 27 to refrain from 28 (A) using or creating an Internet site; 29 (B) communicating with children under 16 years of age; 30 (C) possessing or using a computer; or 31 (D) residing within 500 feet of school grounds; in this
01 subparagraph, "school grounds" has the meaning given in AS 11.71.900. 02 * Sec. 12. AS 12.55.125(i) is amended to read: 03 (i) A defendant convicted of 04 (1) sexual assault in the first degree under AS 11.41.410(a)(1)(A), (2), 05 (3), or (4), sexual abuse of a minor in the first degree, unlawful exploitation of a minor 06 under AS 11.41.455(c)(2), or sex trafficking in the first degree under 07 AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 08 than 99 years and shall be sentenced to a definite term within the following 09 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 10 (A) if the offense is a first felony conviction, the offense does 11 not involve circumstances described in (B) of this paragraph, and the victim 12 was 13 (i) less than 13 years of age, 25 to 35 years; 14 (ii) 13 years of age or older, 20 to 30 years; 15 (B) if the offense is a first felony conviction and the defendant 16 possessed a firearm, used a dangerous instrument, or caused serious physical 17 injury during the commission of the offense, 25 to 35 years; 18 (C) if the offense is a second felony conviction and does not 19 involve circumstances described in (D) of this paragraph, 30 to 40 years; 20 (D) if the offense is a second felony conviction and the 21 defendant has a prior conviction for a sexual felony, 35 to 45 years; 22 (E) if the offense is a third felony conviction and the defendant 23 is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 24 to 60 years; 25 (F) if the offense is a third felony conviction, the defendant is 26 not subject to sentencing under (l) of this section, and the defendant has two 27 prior convictions for sexual felonies, 99 years; 28 (2) sexual assault in the first degree under AS 11.41.410(a)(1)(B), 29 unlawful exploitation of a minor under AS 11.41.455(c)(1), enticement of a minor 30 under AS 11.41.452(e), or attempt, conspiracy, or solicitation to commit sexual assault 31 in the first degree under AS 11.41.410(a)(1)(A), (2), (3), or (4), sexual abuse of a
01 minor in the first degree, or sex trafficking in the first degree under 02 AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 03 than 99 years and shall be sentenced to a definite term within the following 04 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 05 (A) if the offense is a first felony conviction, the offense does 06 not involve circumstances described in (B) of this paragraph, and the victim 07 was 08 (i) under 13 years of age, 20 to 30 years; 09 (ii) 13 years of age or older, 15 to 30 years; 10 (B) if the offense is a first felony conviction and the defendant 11 possessed a firearm, used a dangerous instrument, or caused serious physical 12 injury during the commission of the offense, 25 to 35 years; 13 (C) if the offense is a second felony conviction and does not 14 involve circumstances described in (D) of this paragraph, 25 to 35 years; 15 (D) if the offense is a second felony conviction and the 16 defendant has a prior conviction for a sexual felony, 30 to 40 years; 17 (E) if the offense is a third felony conviction, the offense does 18 not involve circumstances described in (F) of this paragraph, and the defendant 19 is not subject to sentencing under (l) of this section, 35 to 50 years; 20 (F) if the offense is a third felony conviction, the defendant is 21 not subject to sentencing under (l) of this section, and the defendant has two 22 prior convictions for sexual felonies, 99 years; 23 (3) sexual assault in the second degree, sexual abuse of a minor in the 24 second degree, enticement of a minor under AS 11.41.452(d), indecent exposure in the 25 first degree under AS 11.41.458(b)(2), distribution of generated obscene child 26 sexual abuse material under AS 11.61.121(d)(2), distribution of child sexual abuse 27 material under AS 11.61.125(e)(2), patron of a victim of sex trafficking under 28 AS 11.66.137, or attempt, conspiracy, or solicitation to commit sexual assault in the 29 first degree under AS 11.41.410(a)(1)(B) may be sentenced to a definite term of 30 imprisonment of not more than 99 years and shall be sentenced to a definite term 31 within the following presumptive ranges, subject to adjustment as provided in
01 AS 12.55.155 - 12.55.175: 02 (A) if the offense is a first felony conviction, five to 15 years; 03 (B) if the offense is a second felony conviction and does not 04 involve circumstances described in (C) of this paragraph, 10 to 25 years; 05 (C) if the offense is a second felony conviction and the 06 defendant has a prior conviction for a sexual felony, 15 to 30 years; 07 (D) if the offense is a third felony conviction and does not 08 involve circumstances described in (E) of this paragraph, 20 to 35 years; 09 (E) if the offense is a third felony conviction and the defendant 10 has two prior convictions for sexual felonies, 99 years; 11 (4) sexual assault in the third degree, sexual abuse of a minor in the 12 third degree under AS 11.41.438(c), incest, indecent exposure in the first degree under 13 AS 11.41.458(b)(1), distribution of generated obscene child sexual abuse material 14 under AS 11.61.121(d)(1), possession of generated obscene child sexual abuse 15 material, indecent viewing or production of a picture under AS 11.61.123(g)(1) or 16 (2), possession of child sexual abuse material, distribution of child sexual abuse 17 material under AS 11.61.125(e)(1), patron of a victim of sex trafficking under 18 AS 11.66.137, or attempt, conspiracy, or solicitation to commit sexual assault in the 19 second degree, sexual abuse of a minor in the second degree, distribution of 20 generated obscene child sexual abuse material, unlawful exploitation of a minor, 21 distribution of child sexual abuse material under AS 11.61.125(e)(2), or patron of a 22 victim of sex trafficking under AS 11.66.137, may be sentenced to a definite term of 23 imprisonment of not more than 99 years and shall be sentenced to a definite term 24 within the following presumptive ranges, subject to adjustment as provided in 25 AS 12.55.155 - 12.55.175: 26 (A) if the offense is a first felony conviction and does not 27 involve the circumstances described in (B) or (C) of this paragraph, two to 12 28 years; 29 (B) if the offense is a first felony conviction under 30 AS 11.61.121(d)(1) or 11.61.125(e)(1) [AS 11.61.125(e)(1)] and does not 31 involve circumstances described in (C) of this paragraph, four to 12 years;
01 (C) if the offense is a first felony conviction under 02 AS 11.61.121(d)(1) or 11.61.125(e)(1) [AS 11.61.125(e)(1)], and the 03 defendant hosted, created, or helped host or create a mechanism for multi-party 04 sharing or distribution of generated obscene child sexual abuse material or 05 child sexual abuse material, or received a financial benefit or had a financial 06 interest in a generated obscene child sexual abuse material or child sexual 07 abuse material sharing or distribution mechanism, six to 14 years; 08 (D) if the offense is a second felony conviction and does not 09 involve circumstances described in (E) of this paragraph, eight to 15 years; 10 (E) if the offense is a second felony conviction and the 11 defendant has a prior conviction for a sexual felony, 12 to 20 years; 12 (F) if the offense is a third felony conviction and does not 13 involve circumstances described in (G) of this paragraph, 15 to 25 years; 14 (G) if the offense is a third felony conviction and the defendant 15 has two prior convictions for sexual felonies, 99 years. 16 * Sec. 13. AS 12.55.127(d) is amended to read: 17 (d) If the defendant is being sentenced for two or more crimes of distribution 18 of generated obscene child sexual abuse material under AS 11.61.121, possession 19 of generated obscene child sexual abuse material under AS 11.61.122, distribution 20 of child sexual abuse material under AS 11.61.125, possession of child sexual abuse 21 material under AS 11.61.127, or distribution of indecent material to minors under 22 AS 11.61.128, a consecutive term of imprisonment shall be imposed for some 23 additional term of imprisonment for each additional crime or each additional attempt 24 or solicitation to commit the offense. 25 * Sec. 14. AS 12.55.185(16) is amended to read: 26 (16) "sexual felony" means sexual assault in the first degree, sexual 27 abuse of a minor in the first degree, sex trafficking in the first degree, sexual assault in 28 the second degree, sexual abuse of a minor in the second degree, sexual abuse of a 29 minor in the third degree under AS 11.41.438(c), unlawful exploitation of a minor, 30 patron of a victim of sex trafficking, distribution of generated obscene child sexual 31 abuse material, possession of generated obscene child sexual abuse material,
01 indecent viewing or production of a picture under AS 11.61.123(g)(1) or (2), 02 distribution of child sexual abuse material, sexual assault in the third degree, incest, 03 indecent exposure in the first degree, possession of child sexual abuse material, 04 enticement of a minor, and felony attempt, conspiracy, or solicitation to commit those 05 crimes; 06 * Sec. 15. AS 12.62.900(22) is amended to read: 07 (22) "serious offense" means a conviction for a violation or for an 08 attempt, solicitation, or conspiracy to commit a violation of any of the following laws, 09 or of the laws of another jurisdiction with substantially similar elements: 10 (A) a felony offense; 11 (B) a crime involving domestic violence; 12 (C) AS 11.41.410 - 11.41.470; 13 (D) AS 11.51.130, 11.51.200 - 11.51.220, or AS 11.56.100 - 14 11.56.210 [OR 11.51.200 - 11.56.210]; 15 (E) AS 11.61.110(a)(7), 11.61.121, or 11.61.125; 16 (F) AS 11.66.100 - 11.66.130; 17 (G) former AS 11.15.120, former 11.15.134, or assault with the 18 intent to commit rape under former AS 11.15.160; or 19 (H) former AS 11.40.080, 11.40.110, 11.40.130, or 11.40.200 - 20 11.40.420, if committed before January 1, 1980. 21 * Sec. 16. AS 14.20.030(b) is amended to read: 22 (b) The commissioner or the Professional Teaching Practices Commission 23 shall revoke for life the certificate of a person who has been convicted of a crime, or 24 an attempt, solicitation, or conspiracy to commit a crime, involving a minor under 25 AS 11.41.410 - 11.41.460, AS 11.61.121, 11.61.122, 11.61.125 [AS 11.61.125], or 26 11.61.127, or a law or ordinance in another jurisdiction with elements similar to an 27 offense described in this subsection. 28 * Sec. 17. AS 28.15.046(c) is amended to read: 29 (c) The department may not issue a license under this section to an applicant 30 (1) who has been convicted of any of the following offenses: 31 (A) a violation, or an attempt, solicitation, or conspiracy to
01 commit a violation, of AS 11.41.100 - 11.41.220, 11.41.260 - 11.41.320, 02 11.41.360 - 11.41.370, 11.41.410 - 11.41.470, or 11.41.500 - 11.41.530; 03 (B) a felony violation of endangering the welfare of a child in 04 the first degree under AS 11.51.100; 05 (C) felony indecent viewing or production of a picture under 06 AS 11.61.123; 07 (D) distribution of child sexual abuse material under 08 AS 11.61.125; 09 (E) possession of child sexual abuse material under 10 AS 11.61.127; 11 (F) distribution of indecent material to minors under 12 AS 11.61.128; 13 (G) patron of a victim of sex trafficking under AS 11.66.137; 14 (H) sex trafficking in the first, second, or third degree under 15 AS 11.66.110 - 11.66.130; 16 (I) a felony involving distribution of a controlled substance 17 under AS 11.71 or imitation controlled substance under AS 11.73; 18 (J) a felony violation under AS 28.35.030(n) or 28.35.032(p); 19 (K) distribution of generated obscene child sexual abuse 20 material under AS 11.61.121; 21 (L) possession of generated obscene child sexual abuse 22 material under AS 11.61.122; or 23 (2) who has been convicted of any of the following offenses and less 24 than two years have elapsed since the applicant's date of conviction for the offense: 25 (A) assault in the fourth degree under AS 11.41.230; 26 (B) reckless endangerment under AS 11.41.250; 27 (C) contributing to the delinquency of a minor under 28 AS 11.51.130; 29 (D) misdemeanor prostitution under AS 11.66.100(a)(2); 30 (E) a misdemeanor violation of endangering the welfare of a 31 child in the first degree under AS 11.51.100.
01 * Sec. 18. AS 44.23.080(a) is amended to read: 02 (a) If there is reasonable cause to believe that an Internet service account has 03 been used in connection with a violation of AS 11.41.452, 11.41.455, or 04 AS 11.61.121, 11.61.122, or 11.61.125 - 11.61.128 [AS 11.61.125 - 11.61.128], and 05 that the identity, address, and other information about the account owner will assist in 06 obtaining evidence that is relevant to the offense, a law enforcement officer may apply 07 to the attorney general or the attorney general's designee for an administrative 08 subpoena to obtain the business records of the Internet service provider located inside 09 or outside of the state. 10 * Sec. 19. AS 47.12.110(d) is amended to read: 11 (d) Notwithstanding (a) of this section, a court hearing on a petition seeking 12 the adjudication of a minor as a delinquent shall be open to the public, except as 13 prohibited or limited by order of the court, if 14 (1) the department files with the court a motion asking the court to 15 open the hearing to the public, and the petition seeking adjudication of the minor as a 16 delinquent is based on 17 (A) the minor's alleged commission of an offense, and the 18 minor has knowingly failed to comply with all the terms and conditions 19 required of the minor by the department or imposed on the minor in a court 20 order entered under AS 47.12.040(a)(2) or 47.12.120; 21 (B) the minor's alleged commission of 22 (i) a crime against a person that is punishable as a 23 felony; 24 (ii) a crime in which the minor employed a deadly 25 weapon, as that term is defined in AS 11.81.900(b), in committing the 26 crime; 27 (iii) arson under AS 11.46.400 - 11.46.410; 28 (iv) burglary under AS 11.46.300; 29 (v) distribution of child sexual abuse material under 30 AS 11.61.125; 31 (vi) sex trafficking in the first degree under
01 AS 11.66.110; 02 (vii) distribution of generated obscene child sexual 03 abuse material under AS 11.61.121; or 04 (viii) [OR (vii)] misconduct involving a controlled 05 substance under AS 11.71 involving the delivery of a controlled 06 substance or the possession of a controlled substance with intent to 07 deliver, other than 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. 20. 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 sexual abuse material; 23 (5) sex trafficking in the first degree; 24 (6) misconduct involving a controlled substance in the first, second, or 25 third degrees involving distribution or possession with intent to deliver; [OR] 26 (7) misconduct involving weapons in the first through fourth degrees; 27 or 28 (8) distribution of generated obscene child sexual abuse material 29 under AS 11.61.121. 30 * Sec. 21. The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
01 APPLICABILITY. (a) The following sections apply to offenses committed on or after 02 the effective date of those sections: 03 (1) AS 11.61.120(a), as amended by sec. 1 of this Act; 04 (2) AS 11.61.125(e), as amended by sec. 3 of this Act; 05 (3) AS 11.61.127(a), as amended by sec. 4 of this Act; 06 (4) AS 11.61.127(b), as amended by sec. 5 of this Act; 07 (5) AS 11.61.129(a), as amended by sec. 6 of this Act; and 08 (6) AS 11.66.100(c), as amended by sec. 7 of this Act. 09 (b) The following sections apply to sentences imposed on or after the effective date of 10 those sections for conduct occurring on or after the effective date of those sections: 11 (1) AS 12.55.078(f), as amended by sec. 9 of this Act; 12 (2) AS 12.55.085(f), as amended by sec. 10 of this Act; 13 (3) AS 12.55.125(i), as amended by sec. 12 of this Act; 14 (4) AS 12.55.185(16), as amended by sec. 14 of this Act; 15 (5) AS 12.62.900(22), as amended by sec. 15 of this Act; 16 (6) AS 14.20.030(b), as amended by sec. 16 of this Act.