SCS CSHB 239(JUD): "An Act relating to crime and criminal procedure; relating to civil claims by victims of sexual abuse of a minor; relating to homicide; relating to assault; relating to sexual assault; relating to stalking; relating to sexual abuse of a minor; relating to enticement and unlawful exploitation of a minor; relating to cruelty to animals; relating to endangering the welfare of a child; relating to indecent exposure; relating to theft; relating to generated obscene child sexual abuse material; relating to sending an explicit image of a minor; relating to solicitation or production of an indecent picture of a minor; relating to distribution of indecent material to minors; relating to prostitution; relating to the Controlled Substances Advisory Committee; relating to the testimony of children in criminal proceedings; relating to sentencing; relating to sexual assault examination kits; restricting the release of certain records of convictions; relating to teaching certificates; relating to the definition of 'victim counseling center' for disclosure of certain communications concerning sexual assault or domestic violence; relating to motor vehicle offenses; relating to medical release for service of sentence by electronic monitoring; relating to licensing of school bus drivers; and providing for an effective date."
00 SENATE CS FOR CS FOR HOUSE BILL NO. 239(JUD) 01 "An Act relating to crime and criminal procedure; relating to civil claims by victims of 02 sexual abuse of a minor; relating to homicide; relating to assault; relating to sexual 03 assault; relating to stalking; relating to sexual abuse of a minor; relating to enticement 04 and unlawful exploitation of a minor; relating to cruelty to animals; relating to 05 endangering the welfare of a child; relating to indecent exposure; relating to theft; 06 relating to generated obscene child sexual abuse material; relating to sending an explicit 07 image of a minor; relating to solicitation or production of an indecent picture of a 08 minor; relating to distribution of indecent material to minors; relating to prostitution; 09 relating to the Controlled Substances Advisory Committee; relating to the testimony of 10 children in criminal proceedings; relating to sentencing; relating to sexual assault 11 examination kits; restricting the release of certain records of convictions; relating to 12 teaching certificates; relating to the definition of 'victim counseling center' for disclosure
01 of certain communications concerning sexual assault or domestic violence; relating to 02 motor vehicle offenses; relating to medical release for service of sentence by electronic 03 monitoring; relating to licensing of school bus drivers; and providing for an effective 04 date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 09.55.650(a) is amended to read: 07 (a) A person who, as a minor under 18 [16] years of age, was the victim of 08 sexual abuse may maintain an action for recovery of damages against the perpetrator 09 of the act or acts of sexual abuse based on the perpetrator's intentional conduct for an 10 injury or condition suffered as a result of the sexual abuse. 11 * Sec. 2. AS 11.41.100(a) is amended to read: 12 (a) A person commits the crime of murder in the first degree if 13 (1) with intent to cause the death of another person, the person 14 (A) causes the death of any person; or 15 (B) compels or induces any person to commit suicide through 16 duress or deception; 17 (2) the person knowingly engages in conduct directed toward a child 18 under the age of 18 [16] and the person with criminal negligence inflicts serious 19 physical injury on the child by at least two separate acts, and one of the acts results in 20 the death of the child; 21 (3) acting alone or with one or more persons, the person commits or 22 attempts to commit a sexual offense against or kidnapping of a child under 18 [16] 23 years of age and, in the course of or in furtherance of the offense or in immediate 24 flight from that offense, any person causes the death of the child; in this paragraph, 25 "sexual offense" means an offense defined in AS 11.41.410 - 11.41.470; 26 (4) acting alone or with one or more persons, the person commits or 27 attempts to commit criminal mischief in the first degree under AS 11.46.475 and, in 28 the course of or in furtherance of the offense or in immediate flight from that offense, 29 any person causes the death of a person other than one of the participants; or
01 (5) acting alone or with one or more persons, the person commits 02 terroristic threatening in the first degree under AS 11.56.807 and, in the course of or in 03 furtherance of the offense or in immediate flight from that offense, any person causes 04 the death of a person other than one of the participants. 05 * Sec. 3. AS 11.41.110(a) is amended to read: 06 (a) A person commits the crime of murder in the second degree if 07 (1) with intent to cause serious physical injury to another person or 08 knowing that the conduct is substantially certain to cause death or serious physical 09 injury to another person, the person causes the death of any person; 10 (2) the person knowingly engages in conduct that results in the death 11 of another person under circumstances manifesting an extreme indifference to the 12 value of human life; 13 (3) under circumstances not amounting to murder in the first degree 14 under AS 11.41.100(a)(3), while acting either alone or with one or more persons, the 15 person commits or attempts to commit arson in the first degree, kidnapping, sexual 16 assault in the first degree, sexual assault in the second degree, sexual abuse of a minor 17 in the first degree, sexual abuse of a minor in the second degree, burglary in the first 18 degree, escape in the first or second degree, robbery in any degree, or misconduct 19 involving a controlled substance under AS 11.71.010(a), 11.71.021(a), 11.71.030(a)(2) 20 or (9), or 11.71.040(a)(1) or (2) and, in the course of or in furtherance of that crime or 21 in immediate flight from that crime, any person causes the death of a person other than 22 one of the participants; 23 (4) acting with a criminal street gang, the person commits or attempts 24 to commit a crime that is a felony and, in the course of or in furtherance of that crime 25 or in immediate flight from that crime, any person causes the death of a person other 26 than one of the participants; 27 (5) the person with criminal negligence causes the death of a child 28 under the age of 18 [16], and the person has been previously convicted of a crime 29 involving a child under the age of 18 [16] that was 30 (A) a felony violation of AS 11.41; 31 (B) in violation of a law or ordinance in another jurisdiction
01 with elements similar to a felony under AS 11.41; or 02 (C) an attempt, a solicitation, or a conspiracy to commit a 03 crime listed in (A) or (B) of this paragraph; or 04 (6) the person knowingly manufactures or delivers a controlled 05 substance in violation of AS 11.71.010 or 11.71.021, and another person dies as a 06 direct result of ingestion of the controlled substance; the death is a result that does not 07 require a culpable mental state. 08 * Sec. 4. AS 11.41.220(a) is amended to read: 09 (a) A person commits the crime of assault in the third degree if that person 10 (1) recklessly 11 (A) places another person in fear of imminent serious physical 12 injury by means of a dangerous instrument; 13 (B) causes physical injury to another person by means of a 14 dangerous instrument; or 15 (C) while being 18 years of age or older, 16 (i) causes physical injury to a child under 12 years of 17 age and the injury would cause a reasonable caregiver to seek medical 18 attention from a health care professional in the form of diagnosis or 19 treatment; 20 (ii) causes physical injury to a child under 12 years of 21 age on more than one occasion; 22 (2) with intent to place another person in fear of death or serious 23 physical injury to the person or the person's family member, makes repeated threats to 24 cause death or serious physical injury to another person; 25 (3) while being 18 years of age or older, knowingly causes physical 26 injury to a child who is under 18 [16] years of age but at least 12 years of age and at 27 least two years younger than the offender and the injury reasonably requires 28 medical treatment; 29 (4) with criminal negligence, causes serious physical injury under 30 AS 11.81.900(b)(60)(B) to another person by means of a dangerous instrument; or 31 (5) commits a crime that is a violation of AS 11.41.230(a)(1) or (2)
01 and, within the preceding 10 years, the person was convicted on two or more separate 02 occasions of crimes under 03 (A) AS 11.41.100 - 11.41.170; 04 (B) AS 11.41.200 - 11.41.220, 11.41.230(a)(1) or (2), 05 11.41.280, or 11.41.282; 06 (C) AS 11.41.260 or 11.41.270; 07 (D) AS 11.41.410, 11.41.420, or 11.41.425(a)(1); or 08 (E) a law or ordinance of this or another jurisdiction with 09 elements similar to those of an offense described in (A) - (D) of this paragraph. 10 * Sec. 5. AS 11.41.220(b) is amended to read: 11 (b) In a prosecution under (a)(3) of this section, it is an affirmative defense 12 that, at the time of the alleged offense, the defendant reasonably believed the victim to 13 be 18 [16] years of age or older, unless the victim was under 13 years of age at the 14 time of the alleged offense. 15 * Sec. 6. AS 11.41.260(a) is amended to read: 16 (a) A person commits the crime of stalking in the first degree if the person 17 violates AS 11.41.270 and 18 (1) the actions constituting the offense are in violation of an order 19 issued or filed under AS 18.65.850 - 18.65.870 or AS 18.66.100 - 18.66.180 or issued 20 under former AS 25.35.010(b) or 25.35.020; 21 (2) the actions constituting the offense are in violation of a condition of 22 probation, release before trial, release after conviction, or parole; 23 (3) the victim is under 18 [16] years of age; 24 (4) at any time during the course of conduct constituting the offense, 25 the defendant possessed a deadly weapon; 26 (5) the defendant has been previously convicted of a crime under this 27 section, AS 11.41.270, or AS 11.56.740, or a law or ordinance of this or another 28 jurisdiction with elements similar to a crime under this section, AS 11.41.270, or 29 AS 11.56.740; or 30 (6) the defendant has been previously convicted of a crime, or an 31 attempt or solicitation to commit a crime, under (A) AS 11.41.100 - 11.41.250,
01 11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, 11.61.120, or (B) a 02 law or an ordinance of this or another jurisdiction with elements similar to a crime, or 03 an attempt or solicitation to commit a crime, under AS 11.41.100 - 11.41.250, 04 11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, or 11.61.120, 05 involving the same victim as the present offense. 06 * Sec. 7. AS 11.41.410(a) is amended to read: 07 (a) An offender commits the crime of sexual assault in the first degree if 08 (1) the offender engages in sexual penetration with another person 09 (A) without consent of that person by 10 (i) the use of force or the express or implied threat of 11 force against any person or property; or 12 (ii) causing the person to become incapacitated; 13 (B) by impersonating someone known to the person for the 14 purpose of obtaining consent; 15 (2) the offender attempts to engage in sexual penetration with another 16 person without consent of that person and causes serious physical injury to that 17 person; 18 (3) the offender engages in sexual penetration with another person 19 (A) who the offender knows is mentally incapable; and 20 (B) who is in the offender's care 21 (i) by authority of law; or 22 (ii) in a facility or program that is required by law to be 23 licensed by the state; or 24 (4) the offender is a health care worker who engages in sexual 25 penetration with a person during the course of professional treatment of the person 26 [WHO THE OFFENDER KNOWS IS UNAWARE THAT A SEXUAL ACT IS 27 BEING COMMITTED AND 28 (A) THE OFFENDER IS A HEALTH CARE WORKER; 29 AND 30 (B) THE OFFENSE TAKES PLACE DURING THE COURSE 31 OF PROFESSIONAL TREATMENT OF THE VICTIM].
01 * Sec. 8. AS 11.41.420(a) is amended to read: 02 (a) An offender commits the crime of sexual assault in the second degree if 03 (1) the offender engages in sexual contact with another person 04 (A) without consent of that person by 05 (i) the use of force or the express or implied threat of 06 force against any person or property; or 07 (ii) causing the person to become incapacitated; 08 (B) by impersonating someone known to the person for the 09 purpose of obtaining consent; 10 (2) the offender engages in sexual contact with a person 11 (A) who the offender knows is mentally incapable; and 12 (B) who is in the offender's care 13 (i) by authority of law; or 14 (ii) in a facility or program that is required by law to be 15 licensed by the state; 16 (3) the offender engages in sexual penetration with a person who is 17 (A) mentally incapable; 18 (B) incapacitated; or 19 (C) unaware that a sexual act is being committed; 20 (4) the offender is a health care worker who engages in sexual 21 contact with a person during the course of professional treatment of the victim 22 [WHO THE OFFENDER KNOWS IS UNAWARE THAT A SEXUAL ACT IS 23 BEING COMMITTED AND 24 (A) THE OFFENDER IS A HEALTH CARE WORKER; 25 AND 26 (B) THE OFFENSE TAKES PLACE DURING THE COURSE 27 OF PROFESSIONAL TREATMENT OF THE VICTIM]; or 28 (5) under circumstances not proscribed under AS 11.41.410, the 29 offender engages in sexual penetration with another person without consent of that 30 person. 31 * Sec. 9. AS 11.41.434(a) is amended to read:
01 (a) An offender commits the crime of sexual abuse of a minor in the first 02 degree if 03 (1) being 16 years of age or older, the offender engages in sexual 04 penetration with a person who is under 13 years of age or aids, induces, causes, or 05 encourages a person who is under 13 years of age to engage in sexual penetration with 06 another person; 07 (2) being 18 years of age or older, the offender engages in sexual 08 penetration with a person who is under 18 years of age, and the offender is the victim's 09 natural parent, stepparent, adopted parent, or legal guardian; or 10 (3) being 18 years of age or older, the offender engages in sexual 11 penetration with a person who is under 18 [16] years of age and at least two years 12 younger than the offender, and 13 (A) the victim at the time of the offense is residing in the same 14 household as the offender and the offender has authority over the victim; or 15 (B) the offender occupies a position of authority in relation to 16 the victim. 17 * Sec. 10. AS 11.41.436(a) is amended to read: 18 (a) An offender commits the crime of sexual abuse of a minor in the second 19 degree if, 20 (1) being 17 years of age or older, 21 (A) the offender engages in sexual penetration with a person 22 who is 23 (i) 13, 14, or 15 years of age and at least four years 24 younger than the offender; or 25 (ii) 16 or 17 years of age and at least six years 26 younger than the offender; [,] or 27 (B) aids, induces, causes, or encourages a person who is 13, 14, 28 or 15 years of age and at least four years younger than the offender to engage 29 in sexual penetration with another person; 30 (2) being 16 years of age or older, the offender engages in sexual 31 contact with a person who is under 13 years of age or aids, induces, causes, or
01 encourages a person under 13 years of age to engage in sexual contact with another 02 person; 03 (3) being 18 years of age or older, the offender engages in sexual 04 contact with a person who is under 18 years of age, and the offender is the victim's 05 natural parent, stepparent, adopted parent, or legal guardian; 06 (4) being 16 years of age or older, the offender aids, induces, causes, 07 or encourages a person who is under 16 years of age to engage in conduct described in 08 AS 11.41.455(a)(2) - (6) or (8); 09 (5) being 18 years of age or older, the offender engages in sexual 10 contact with a person who is under 18 [16] years of age and at least two years 11 younger than the offender, and 12 (A) the victim at the time of the offense is residing in the same 13 household as the offender and the offender has authority over the victim; or 14 (B) the offender occupies a position of authority in relation to 15 the victim; 16 (6) being 18 years of age or older, the offender engages in sexual 17 penetration with a person who is 16 or 17 years of age and at least three years younger 18 than the offender, and the offender occupies a position of authority in relation to the 19 victim; or 20 (7) being under 16 years of age, the offender engages in sexual 21 penetration with a person who is under 13 years of age and at least three years younger 22 than the offender. 23 * Sec. 11. AS 11.41.438(a) is amended to read: 24 (a) An offender commits the crime of sexual abuse of a minor in the third 25 degree if being 17 years of age or older, the offender engages in sexual contact with a 26 person who is 27 (1) 13, 14, or 15 years of age and at least four years younger than the 28 offender; or 29 (2) 16 or 17 years of age and at least six years younger than the 30 offender. 31 * Sec. 12. AS 11.41.452(a) is amended to read:
01 (a) An offender [A PERSON] commits the crime of enticement of a minor if 02 the offender [PERSON], being 18 years of age or older, knowingly communicates 03 with another person to entice, solicit, or encourage the person to engage in an act 04 described in AS 11.41.455(a)(1) - (8) [AS 11.41.455(a)(1) - (7)] and 05 (1) the other person is 06 (A) 16 or 17 years of age and at least six years younger than 07 the offender; 08 (B) a child under 16 years of age; or 09 (2) the offender [PERSON] believes that the other person is 10 (A) 16 or 17 years of age and at least six years younger than 11 the offender; 12 (B) a child under 16 years of age. 13 * Sec. 13. AS 11.41.452(b) is amended to read: 14 (b) In a prosecution under (a)(2) of this section, it is not a defense that the 15 person enticed, solicited, or encouraged was not actually 16 (1) 16 or 17 years of age and at least six years younger than the 17 offender; or 18 (2) a child under 16 years of age. 19 * Sec. 14. AS 11.41.452(c) is amended to read: 20 (c) In a prosecution under this section, it is not necessary for the prosecution 21 to show that the act described in AS 11.41.455(a)(1) - (8) [AS 11.41.455(a)(1) - (7)] 22 was actually committed. 23 * Sec. 15. AS 11.41.452(e) is amended to read: 24 (e) Enticement of a minor is a class A felony if the offender [DEFENDANT] 25 was, at the time of the offense, required to register as a sex offender or child kidnapper 26 under AS 12.63 or a similar law of another jurisdiction. 27 * Sec. 16. AS 11.41.455(a) is amended to read: 28 (a) A person commits the crime of unlawful exploitation of a minor if, in the 29 state and with the intent of producing a live performance, film, audio, video, 30 electronic, or electromagnetic recording, photograph, negative, slide, book, 31 newspaper, magazine, or other material that visually or aurally depicts the conduct
01 listed in (1) - (8) [(1) - (7)] of this subsection, the person knowingly induces or 02 employs a child under 18 years of age to engage in, or photographs, films, records, or 03 televises a child under 18 years of age engaged in, the following actual or simulated 04 conduct: 05 (1) sexual penetration; 06 (2) the lewd touching of another person's genitals, anus, or breast; 07 (3) the lewd touching by another person of the child's genitals, anus, or 08 breast; 09 (4) masturbation; 10 (5) bestiality; 11 (6) the lewd exhibition of the child's genitals; [OR] 12 (7) sexual masochism or sadism; or 13 (8) contact with semen. 14 * Sec. 17. AS 11.41.458(b) is amended to read: 15 (b) Indecent exposure in the first degree 16 (1) is a class C felony; or 17 (2) is a class B felony if the offense occurs within the observation of a 18 person under 18 [16] years of age. 19 * Sec. 18. AS 11.41.460(b) is amended to read: 20 (b) Indecent exposure in the second degree before a person under 18 [16] 21 years of age is a class A misdemeanor. Indecent exposure in the second degree before 22 a person 18 [16] years of age or older is a class B misdemeanor. 23 * Sec. 19. AS 11.46.140(a) is amended to read: 24 (a) A person commits the crime of theft in the third degree if the person 25 commits theft as defined in AS 11.46.100 and 26 (1) the value of the property or services is $250 or more but less than 27 $750; [OR] 28 (2) [REPEALED] 29 (3) [REPEALED] 30 (4) the value of the property is less than $250 and, within the preceding 31 five years, the person has been convicted and sentenced on three or more separate
01 occasions in this or another jurisdiction of theft or concealment of merchandise, or an 02 offense under another law or ordinance with similar elements; or 03 (5) the property is mail. 04 * Sec. 20. AS 11.51.100(a) is amended to read: 05 (a) A person commits the crime of endangering the welfare of a child in the 06 first degree if, being a parent, guardian, or other person legally charged with the care 07 of a child under 18 [16] years of age, the person 08 (1) intentionally deserts the child in a place under circumstances 09 creating a substantial risk of physical injury to the child; 10 (2) leaves the child with another person who is not a parent, guardian, 11 or lawful custodian of the child knowing that the person is 12 (A) registered or required to register as a sex offender or child 13 kidnapper under AS 12.63 or a law or ordinance in another jurisdiction with 14 similar requirements; 15 (B) charged by complaint, information, or indictment with a 16 violation of AS 11.41.410 - 11.41.455 or a law or ordinance in another 17 jurisdiction with similar elements; or 18 (C) charged by complaint, information, or indictment with an 19 attempt, solicitation, or conspiracy to commit a crime described in (B) of this 20 paragraph; 21 (3) leaves the child with another person knowing that the person has 22 previously physically mistreated or had sexual contact with any child, and the other 23 person causes physical injury to or engages in sexual contact with the child; or 24 (4) recklessly fails to provide an adequate quantity of food or liquids to 25 a child, causing protracted impairment of the child's health. 26 * Sec. 21. AS 11.61.116(a) is amended to read: 27 (a) A person commits the offense of sending an explicit image of a minor if 28 the person, with intent to annoy or humiliate another person, distributes an electronic 29 photograph or video that depicts the genitals, anus, or female breast of that other 30 person taken when that person was a minor under 18 [16] years of age. 31 * Sec. 22. AS 11.61.118(a) is amended to read:
01 (a) A person commits the crime of harassment in the first degree if, under 02 circumstances not proscribed under AS 11.41.410 - 11.41.427, [OR] 11.41.434 - 03 11.41.440, or 11.41.455, the person violates AS 11.61.120(a)(5) and the offensive 04 physical contact is contact 05 (1) with human or animal blood, mucus, saliva, semen, urine, vomitus, 06 or feces; or 07 (2) by the person touching through clothing another person's genitals, 08 buttocks, or female breast. 09 * Sec. 23. AS 11.61.120(a) is amended to read: 10 (a) A person commits the crime of harassment in the second degree if, with 11 intent to harass or annoy another person, that person 12 (1) insults, taunts, or challenges another person in a manner likely to 13 provoke an immediate violent response; 14 (2) telephones another and fails to terminate the connection with intent 15 to impair the ability of that person to place or receive telephone calls; 16 (3) makes repeated telephone calls at extremely inconvenient hours; 17 (4) makes an anonymous or obscene telephone call, an obscene 18 electronic communication, or a telephone call or electronic communication that 19 threatens physical injury or sexual contact; 20 (5) subjects another person to offensive physical contact; 21 (6) except as provided in AS 11.61.116, publishes or distributes 22 electronic or printed photographs, pictures, or films that show the genitals, anus, or 23 female breast of the other person or show that person engaged in a sexual act; 24 (7) repeatedly sends or publishes an electronic communication that 25 insults, taunts, challenges, or intimidates a person under 18 years of age in a manner 26 that places the person in reasonable fear of physical injury; or 27 (8) under circumstances not proscribed under AS 11.41.455, 28 AS 11.61.121, 11.61.125 [AS 11.61.125], or 11.61.128, repeatedly sends to another 29 person, publishes, or distributes electronic or printed photographs, pictures, or films 30 that show the genitals of any person. 31 * Sec. 24. AS 11.61 is amended by adding new sections to read:
01 Sec. 11.61.121. Distribution of generated obscene child sexual abuse 02 material. (a) A person commits the crime of distribution of generated obscene child 03 sexual abuse material if the person knowingly distributes in this state or advertises, 04 promotes, solicits, or offers to distribute in this state any material that is proscribed 05 under AS 11.61.122. 06 (b) The possession of 100 or more films, audio, video, electronic, or 07 electromagnetic recordings, photographs, negatives, slides, books, newspapers, 08 magazines, or other materials, including a combination of these items totaling 100 or 09 more, is prima facie evidence of distribution and intent to distribute under (a) of this 10 section. 11 (c) In this section, "distribution" includes the following, whether or not for 12 monetary or other consideration: delivering, selling, renting, leasing, lending, giving, 13 circulating, exhibiting, presenting, providing, exchanging, placing on a computer 14 network or computer system, and providing billing collection, or other ancillary 15 services for or otherwise supporting these activities. 16 (d) Distribution of generated obscene child sexual abuse material is a 17 (1) class B felony; or 18 (2) class A felony if the person has been previously convicted of 19 distribution of generated obscene child sexual abuse material in this jurisdiction, 20 distribution of child sexual abuse materials under AS 11.61.125, or a similar crime in 21 this or another jurisdiction. 22 Sec. 11.61.122. Possession of generated obscene child sexual abuse 23 material. (a) A person commits the crime of possession of generated obscene child 24 sexual abuse material if the person knowingly possesses or knowingly accesses on a 25 computer with intent to view any material that 26 (1) the average person, applying contemporary community standards, 27 would find, when considered as a whole, appeals to the prurient interest; 28 (2) depicts, in a patently offensive way, a child under 18 years of age 29 who, by manipulation, creation, or modification, appears to be engaged in conduct 30 described in AS 11.41.455(a)(1) - (8), regardless of whether an actual child was used; 31 and
01 (3) when considered as a whole, lacks serious literary, artistic, 02 political, or scientific value. 03 (b) This section does not apply to an employee or contractor of an interactive 04 computer service, Internet service provider, cloud service provider, or 05 telecommunications network who, while acting in the scope of employment, possesses 06 or accesses the material described in (a) of this section solely to prevent, detect, report, 07 or otherwise respond to the production, generation, manipulation, or modification of 08 the material. In this subsection, "interactive computer service" has the meaning given 09 in AS 11.61.127(b). 10 (c) In this section, "computer" has the meaning given in AS 11.46.990. 11 (d) Possession of generated obscene child sexual abuse material is a class C 12 felony. 13 * Sec. 25. AS 11.61.124(a) is amended to read: 14 (a) An offender commits the crime of solicitation or production of an indecent 15 picture of a minor if, under circumstances not proscribed under AS 11.41.455 or 16 AS 11.61.123, the offender being 18 years of age or older 17 (1) solicits a picture of the genitals, anus, or female breast of another 18 person and the 19 (A) person solicited is 20 (i) 16 or 17 years of age and at least six years 21 younger than the offender; 22 (ii) under 16 years of age and at least four years 23 younger than the offender; or 24 (B) offender believes that the other person is 25 (i) 16 or 17 years of age and at least six years 26 younger than the offender; 27 (ii) under 16 years of age and at least four years 28 younger than the offender; or 29 (2) produces a picture of the genitals, anus, or female breast of another 30 person and the 31 (A) person shown in the picture is
01 (i) 16 or 17 years of age and at least six years 02 younger than the offender; 03 (ii) under 16 years of age and at least four years 04 younger than the offender; or 05 (B) offender believes that the other person is 06 (i) 16 or 17 years of age and at least six years 07 younger than the offender; 08 (ii) under 16 years of age and at least four years 09 younger than the offender. 10 * Sec. 26. AS 11.61.124(b) is amended to read: 11 (b) In a prosecution under (a) of this section, it is not a defense that the person 12 solicited or shown in the picture was not actually 13 (1) 16 or 17 years of age and at least six years younger than the 14 offender; or 15 (2) a person under 16 years of age and at least four years younger than 16 the offender. 17 * Sec. 27. AS 11.61.125(e) is amended to read: 18 (e) Distribution of child sexual abuse material is a 19 (1) class B felony; or 20 (2) class A felony if the person has been previously convicted of 21 distribution of child sexual abuse material in this jurisdiction, distribution of 22 generated obscene child sexual abuse material under AS 11.61.121, or a similar 23 crime in this or another jurisdiction. 24 * Sec. 28. AS 11.61.127(a) is amended to read: 25 (a) A person commits the crime of possession of child sexual abuse material if 26 the person knowingly possesses or knowingly accesses on a computer with intent to 27 view any material that visually depicts conduct described in AS 11.41.455(a)(1) - (8) 28 [AS 11.41.455(a)] knowing that the 29 (1) production of the material involved the use of a child under 18 30 years of age who engaged in the conduct; or 31 (2) material depicts [A DEPICTION OF] a part of an actual child
01 under 18 years of age who, by manipulation, creation, or modification, appears to be 02 engaged in the conduct. 03 * Sec. 29. AS 11.61.127(b) is amended to read: 04 (b) This section does not apply to 05 (1) persons providing plethysmograph assessments in the course of a 06 sex offender treatment program that meets the minimum standards under 07 AS 33.30.011(a)(5); or 08 (2) an employee or contractor of an interactive computer service, 09 Internet service provider, cloud service provider, or telecommunications network 10 who, while acting in the scope of employment, possesses or accesses the material 11 described in (a) of this section solely to prevent, detect, report, or otherwise 12 respond to the production, generation, manipulation, or modification of the 13 material; in this paragraph, "interactive computer service" means an 14 information service, system, or access software provider that provides or enables 15 computer access by multiple users to a computer server, including specifically a 16 service or system that provides access to the Internet and those systems operated 17 or services offered by libraries or educational institutions. 18 * Sec. 30. AS 11.61.128(a) is amended to read: 19 (a) An offender [A PERSON] commits the crime of distribution of indecent 20 material to minors if 21 (1) the offender [PERSON], being 18 years of age or older, 22 intentionally distributes or possesses with intent to distribute any material described in 23 (2) and (3) of this subsection to either 24 (A) a child who [THAT] the offender [PERSON] knows is 25 under 18 [16] years of age and at least two years younger than the offender; 26 or 27 (B) another person that the offender [PERSON] believes is a 28 child under 18 [16] years of age and at least two years younger than the 29 offender; 30 (2) the offender [PERSON] knows that the material depicts the 31 following actual or simulated conduct:
01 (A) sexual penetration; 02 (B) the lewd touching of a person's genitals, anus, or female 03 breast; 04 (C) masturbation; 05 (D) bestiality; 06 (E) the lewd exhibition of a person's genitals, anus, or female 07 breast; [OR] 08 (F) sexual masochism or sadism; or 09 G) contact with semen; and 10 (3) the material is harmful to minors. 11 * Sec. 31. AS 11.61.128(b) is amended to read: 12 (b) In this section, it is not a defense that the victim was not actually under 18 13 [16] years of age. 14 * Sec. 32. AS 11.61.128(c) is amended to read: 15 (c) In this section, "harmful to minors" means 16 (1) the average individual, applying contemporary community 17 standards, would find that the material, taken as a whole, appeals to the prurient 18 interest in sex for persons under 18 [16] years of age; 19 (2) a reasonable person would find that the material, taken as a whole, 20 lacks serious literary, artistic, educational, political, or scientific value for persons 21 under 18 [16] years of age; and 22 (3) the material depicts actual or simulated conduct in a way that is 23 patently offensive to the prevailing standards in the adult community as a whole with 24 respect to what is suitable for persons under 18 [16] years of age. 25 * Sec. 33. AS 11.61.128(e) is amended to read: 26 (e) Distribution of indecent material to minors is a class B felony if the 27 offender [DEFENDANT] was, at the time of the offense, required to register as a sex 28 offender or child kidnapper under AS 12.63 or a similar law of another jurisdiction. 29 * Sec. 34. AS 11.61.129(a) is amended to read: 30 (a) Property used to aid a violation of AS 11.61.121 - 11.61.128 31 [AS 11.61.123 - 11.61.128] or to aid the solicitation of, attempt to commit, or
01 conspiracy to commit a violation of AS 11.61.121 - 11.61.128 [AS 11.61.123 - 02 11.61.128] may be forfeited to the state upon the conviction of the offender. 03 * Sec. 35. AS 11.61.140(a) is amended to read: 04 (a) A person commits cruelty to animals if the person 05 (1) knowingly inflicts severe or prolonged physical pain or suffering 06 on an animal; 07 (2) has a legal duty to care for the animal and, with criminal 08 negligence, fails to care for an animal and, as a result, causes the death of the animal 09 or causes severe physical pain or prolonged suffering to the animal; 10 (3) kills or injures an animal by the use of a decompression chamber; 11 (4) intentionally kills or injures a pet or livestock by the use of poison; 12 (5) knowingly kills or injures an animal, other than as provided in (1) 13 or (3) of this subsection, with the intent to intimidate, threaten, or terrorize another 14 person; 15 (6) knowingly 16 (A) engages in sexual conduct with an animal; or 17 (B) under circumstances not proscribed under AS 11.41.455, 18 (i) photographs or films, for purposes of sexual 19 gratification, a person engaged in sexual conduct with an animal; or 20 (ii) causes, induces, aids, or encourages another person 21 to engage in sexual conduct with an animal; [OR] 22 (7) intentionally permits sexual conduct with an animal to be 23 conducted on any premises under the person's control; or 24 (8) under circumstances not proscribed under AS 11.61.122 or 25 11.61.127, knowingly possesses or knowingly accesses on a computer with intent 26 to view any material that 27 (A) the average person, applying contemporary community 28 standards, would find, when considered as a whole, appeals to the 29 prurient interest; 30 (B) depicts, in a patently offensive way, conduct proscribed 31 under (6)(A) of this subsection; and
01 (C) when considered as a whole, lacks serious literary, 02 artistic, political, or scientific value. 03 * Sec. 36. AS 11.61.140(g) is amended to read: 04 (g) Except as provided in (h) of this section, cruelty to animals under (a)(2), 05 (5), (6), [OR] (7), or (8) of this section is a class A misdemeanor. The court may also 06 (1) require forfeiture of any animal affected to the state or to a 07 custodian that supplies shelter, care, or medical treatment for the animal; 08 (2) require the defendant to reimburse the state or a custodian for all 09 reasonable costs incurred in providing necessary shelter, care, veterinary attention, or 10 medical treatment for any animal affected; 11 (3) prohibit or limit the defendant's ownership, possession, or custody 12 of animals for up to 10 years. 13 * Sec. 37. AS 11.61.140(h) is amended to read: 14 (h) Cruelty to animals under (a)(1), (3), or (4) of this section is a class C 15 felony. Cruelty to animals is also a class C felony if the person is convicted under 16 (a)(2), (5), (6), [OR] (7), or (8) of this section and the person has been previously 17 convicted on one or more separate occasions within 10 years of the date of the present 18 offense of a crime under this section, AS 11.61.145(a)(1) or (2), or a law or ordinance 19 of another jurisdiction having elements similar to those offenses. For a conviction 20 under this subsection, the court may also 21 (1) require forfeiture of any animal affected to the state or to a 22 custodian that supplies shelter, care, or medical treatment for the animal; 23 (2) require the defendant to reimburse the state or a custodian for all 24 reasonable costs incurred in providing necessary shelter, care, veterinary attention, or 25 medical treatment for any animal affected; 26 (3) prohibit or limit the defendant's ownership, possession, or custody 27 of animals for up to 10 years. 28 * Sec. 38. AS 11.66.100(c) is amended to read: 29 (c) A person may not be prosecuted under (a)(1) of this section if the 30 (1) person 31 (A) was, at the time of the offense, 17 years of age or
01 younger; or 02 (B) witnessed or was a victim of, and reported to law 03 enforcement in good faith, one or more of the following crimes: 04 (i) [(A)] murder in the first degree under AS 11.41.100; 05 (ii) [(B)] murder in the second degree under 06 AS 11.41.110; 07 (iii) [(C)] manslaughter under AS 11.41.120; 08 (iv) [(D)] criminally negligent homicide under 09 AS 11.41.130; 10 (v) [(E)] assault in the first degree under AS 11.41.200; 11 (vi) [(F)] assault in the second degree under 12 AS 11.41.210; 13 (vii) [(G)] assault in the third degree under 14 AS 11.41.220; 15 (viii) [(H)] assault in the fourth degree under 16 AS 11.41.230; 17 (ix) [(I)] sexual assault in the first degree under 18 AS 11.41.410; 19 (x) [(J)] sexual assault in the second degree under 20 AS 11.41.420; 21 (xi) [(K)] sexual assault in the third degree under 22 AS 11.41.425; 23 (xii) [(L)] sexual assault in the fourth degree under 24 AS 11.41.427; 25 (xiii) [(M)] sexual abuse of a minor in the first degree 26 under AS 11.41.434; 27 (xiv) [(N)] sexual abuse of a minor in the second degree 28 under AS 11.41.436; 29 (xv) [(O)] sexual abuse of a minor in the third degree 30 under AS 11.41.438; 31 (xvi) [(P)] sexual abuse of a minor in the fourth degree
01 under AS 11.41.440; 02 (xvii) [(Q)] robbery in the first degree under 03 AS 11.41.500; 04 (xviii) [(R)] robbery in the second degree under 05 AS 11.41.510; 06 (xix) [(S)] extortion under AS 11.41.520; 07 (xx) [(T)] coercion under AS 11.41.530; 08 (xxi) [(U)] distribution of child sexual abuse material 09 under AS 11.61.125; 10 (xxii) [(V)] possession of child sexual abuse material 11 under AS 11.61.127; 12 (xxiii) [(W)] sex trafficking in the first degree under 13 AS 11.66.110; 14 (xxiv) [(X)] sex trafficking in the second degree under 15 AS 11.66.120; 16 (xxv) [(Y)] sex trafficking in the third degree under 17 AS 11.66.130; 18 (xxvi) [OR (Z)] sex trafficking in the fourth degree 19 under AS 11.66.135; 20 (xxvii) distribution of generated obscene child sexual 21 abuse material under AS 11.61.121; or 22 (xxviii) possession of generated obscene child sexual 23 abuse material under AS 11.61.122; 24 (2) evidence supporting the prosecution under (a)(1) of this section 25 was obtained or discovered as a result of the person reporting the crime to law 26 enforcement; and 27 (3) person cooperated with law enforcement personnel. 28 * Sec. 39. AS 11.71.100(a) is amended to read: 29 (a) The Controlled Substances Advisory Committee is established in the 30 division of the Department of Commerce, Community, and Economic 31 Development with responsibility for corporations, business, and professional
01 licensing [LAW]. The committee consists of 02 (1) the attorney general or the attorney general's designee; 03 (2) the commissioner of family and community services or the 04 commissioner's designee; 05 (3) the commissioner of public safety or the commissioner's designee; 06 (4) the president of the Board of Pharmacy or the designee of the 07 president who shall also be a member of the Board of Pharmacy; 08 (5) a peace officer appointed by the governor after consultation with 09 the Alaska Association of Chiefs of Police; 10 (6) a physician appointed by the governor; 11 (7) a psychiatrist appointed by the governor; and 12 (8) two individuals appointed by the governor. 13 * Sec. 40. AS 12.10.010(a) is amended to read: 14 (a) Prosecution for the following offenses may be commenced at any time: 15 (1) murder; 16 (2) attempt, solicitation, or conspiracy to commit murder or hindering 17 the prosecution of murder; 18 (3) felony sexual abuse of a minor; 19 (4) sexual assault that is an unclassified, class A, or class B felony or a 20 violation of AS 11.41.425(a)(2) - (4); 21 (5) a violation of AS 11.41.425, 11.41.427, 11.41.450 - 11.41.458, 22 AS 11.66.110 - 11.66.130, or former AS 11.41.430, when committed against a person 23 who, at the time of the offense, was under 18 years of age; 24 (6) kidnapping; 25 (7) distribution of generated obscene child sexual abuse material in 26 violation of AS 11.61.121 or distribution of child sexual abuse material in violation of 27 AS 11.61.125; 28 (8) sex trafficking in violation of AS 11.66.110 - 11.66.130 that is an 29 unclassified, class A, or class B felony or that is committed against a person who, at 30 the time of the offense, was under 20 years of age; 31 (9) human trafficking in violation of AS 11.41.360 or 11.41.365.
01 * Sec. 41. AS 12.45.046(a) is amended to read: 02 (a) In a criminal proceeding under AS 11.41 involving the prosecution of an 03 offense committed against a child under the age of 18 [16], or witnessed by a child 04 under the age of 18 [16], the court 05 (1) may appoint a guardian ad litem for the child; 06 (2) on its own motion or on the motion of the party presenting the 07 witness or the guardian ad litem of the child, may order that the testimony of the child 08 be taken by closed circuit television or through one-way mirrors if the court 09 determines that the testimony by the child victim or witness under normal court 10 procedures would result in the child's inability to effectively communicate. 11 * Sec. 42. AS 12.55.078(f) is amended to read: 12 (f) The court may not suspend the imposition or entry of judgment and may 13 not defer prosecution under this section of a person who 14 (1) is charged with a violation of AS 11.41.100 - 11.41.220, 11.41.260 15 - 11.41.320, 11.41.360 - 11.41.370, 11.41.410 - 11.41.530, AS 11.46.400, 16 AS 11.61.121, 11.61.122, 11.61.125 - 11.61.128 [AS 11.61.125 - 11.61.128], or 17 AS 11.66.110 - 11.66.135; 18 (2) uses a firearm in the commission of the offense for which the 19 person is charged; 20 (3) has previously been granted a suspension of judgment under this 21 section or a similar statute in another jurisdiction, unless the court enters written 22 findings that by clear and convincing evidence the person's prospects for rehabilitation 23 are high and suspending judgment under this section adequately protects the victim of 24 the offense, if any, and the community; 25 (4) is charged with a violation of AS 11.41.230, 11.41.250, or a felony 26 and the person has one or more prior convictions for a misdemeanor violation of 27 AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction 28 having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a 29 felony in this state; for the purposes of this paragraph, a person shall be considered to 30 have a prior conviction even if 31 (A) the charges were dismissed under this section;
01 (B) the conviction has been set aside under AS 12.55.085; or 02 (C) the charge or conviction was dismissed or set aside under 03 an equivalent provision of the laws of another jurisdiction; or 04 (5) is charged with a crime involving domestic violence, as defined in 05 AS 18.66.990. 06 * Sec. 43. AS 12.55.085(f) is amended to read: 07 (f) The court may not suspend the imposition of sentence of a person who 08 (1) is convicted of a violation of AS 11.41.100 - 11.41.220, 11.41.260 09 - 11.41.320, 11.41.360 - 11.41.370, 11.41.410 - 11.41.530, AS 11.46.400, 10 AS 11.61.121, 11.61.122, 11.61.125 - 11.61.128 [AS 11.61.125 - 11.61.128], or 11 AS 11.66.110 - 11.66.135; 12 (2) uses a firearm in the commission of the offense for which the 13 person is convicted; or 14 (3) is convicted of a violation of AS 11.41.230 - 11.41.250 or a felony 15 and the person has one or more prior convictions for a misdemeanor violation of 16 AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction 17 having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a 18 felony in this state; for the purposes of this paragraph, a person shall be considered to 19 have a prior conviction even if that conviction has been set aside under (e) of this 20 section or under the equivalent provision of the laws of another jurisdiction. 21 * Sec. 44. AS 12.55.100(e) is amended to read: 22 (e) In addition to other conditions imposed on the defendant, while on 23 probation and as a condition of probation 24 (1) for a sex offense, as described in AS 12.63.100, the defendant 25 (A) shall be required to submit to regular periodic polygraph 26 examinations; 27 (B) may be required to provide each electronic mail address, 28 instant messaging address, and other Internet communication identifier that the 29 defendant uses to the defendant's probation officer; the probation officer shall 30 forward those addresses and identifiers to the Alaska state troopers and to the 31 local law enforcement agency;
01 (2) if the defendant was convicted of a violation of AS 11.41.434 - 02 11.41.455, AS 11.61.121, 11.61.122, 11.61.125 - 11.61.128 [AS 11.61.125 - 03 11.61.128], or a similar offense in another jurisdiction, the defendant may be required 04 to refrain from 05 (A) using or creating an Internet site; 06 (B) communicating with children under 16 years of age; 07 (C) possessing or using a computer; or 08 (D) residing within 500 feet of school grounds; in this 09 subparagraph, "school grounds" has the meaning given in AS 11.71.900. 10 * Sec. 45. AS 12.55.125(b) is amended to read: 11 (b) A defendant convicted of attempted murder in the first degree, solicitation 12 to commit murder in the first degree, conspiracy to commit murder in the first degree, 13 kidnapping, or misconduct involving a controlled substance in the first degree shall be 14 sentenced to a definite term of imprisonment of at least five years but not more than 15 99 years. A defendant convicted of murder in the second degree or murder of an 16 unborn child under AS 11.41.150(a)(2) - (4) shall be sentenced to a definite term of 17 imprisonment of at least 15 years but not more than 99 years. A defendant convicted 18 of murder in the second degree shall be sentenced to a definite term of imprisonment 19 of at least 20 years but not more than 99 years when the defendant is convicted of the 20 murder of a child under 18 [16] years of age and the court finds by clear and 21 convincing evidence that the defendant (1) was a natural parent, a stepparent, an 22 adoptive parent, a legal guardian, or a person occupying a position of authority in 23 relation to the child; or (2) caused the death of the child by committing a crime against 24 a person under AS 11.41.200 - 11.41.530. In this subsection, "legal guardian" and 25 "position of authority" have the meanings given in AS 11.41.470. 26 * Sec. 46. AS 12.55.125(d) is amended to read: 27 (d) Except as provided in (i) of this section, a defendant convicted of a class B 28 felony may be sentenced to a definite term of imprisonment of not more than 10 years, 29 and shall be sentenced to a definite term within the following presumptive ranges, 30 subject to adjustment as provided in AS 12.55.155 - 12.55.175: 31 (1) if the offense is a first felony conviction and does not involve
01 circumstances described in (2) of this subsection, one to three years; a defendant 02 sentenced under this paragraph may, if the court finds it appropriate, be granted a 03 suspended imposition of sentence under AS 12.55.085 if, as a condition of probation 04 under AS 12.55.086, the defendant is required to serve an active term of imprisonment 05 within the range specified in this paragraph, unless the court finds that a mitigation 06 factor under AS 12.55.155 applies; 07 (2) if the offense is a first felony conviction, 08 (A) the defendant violated AS 11.41.130, and the victim was a 09 child under 18 [16] years of age, two to four years; 10 (B) two to four years if the conviction is for attempt, 11 solicitation, or conspiracy to manufacture related to methamphetamine under 12 AS 11.31 and AS 11.71.021(a)(2)(A) or (B), and 13 (i) the attempted manufacturing occurred, or the 14 solicited or conspired offense was to have occurred, in a building with 15 reckless disregard that the building was used as a permanent or 16 temporary home or place of lodging for one or more children under 18 17 years of age or the building was a place frequented by children; or 18 (ii) in the course of an attempt to manufacture, the 19 defendant obtained the assistance of one or more children under 18 20 years of age or one or more children were present; 21 (3) if the offense is a second felony conviction, three to seven years; 22 (4) if the offense is a third felony conviction, six to 10 years. 23 * Sec. 47. AS 12.55.125(i) is amended to read: 24 (i) A defendant convicted of 25 (1) sexual assault in the first degree under AS 11.41.410(a)(1)(A), (2), 26 (3), or (4), sexual abuse of a minor in the first degree, unlawful exploitation of a minor 27 under AS 11.41.455(c)(2), or sex trafficking in the first degree under 28 AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 29 than 99 years and shall be sentenced to a definite term within the following 30 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 31 (A) if the offense is a first felony conviction, the offense does
01 not involve circumstances described in (B) of this paragraph, and the victim 02 was 03 (i) less than 13 years of age, 25 to 35 years; 04 (ii) 13 years of age or older, 20 to 30 years; 05 (B) if the offense is a first felony conviction and the defendant 06 possessed a firearm, used a dangerous instrument, or caused serious physical 07 injury during the commission of the offense, 25 to 35 years; 08 (C) if the offense is a second felony conviction and does not 09 involve circumstances described in (D) of this paragraph, 30 to 40 years; 10 (D) if the offense is a second felony conviction and the 11 defendant has a prior conviction for a sexual felony, 35 to 45 years; 12 (E) if the offense is a third felony conviction and the defendant 13 is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 14 to 60 years; 15 (F) if the offense is a third felony conviction, the defendant is 16 not subject to sentencing under (l) of this section, and the defendant has two 17 prior convictions for sexual felonies, 99 years; 18 (2) sexual assault in the first degree under AS 11.41.410(a)(1)(B), 19 unlawful exploitation of a minor under AS 11.41.455(c)(1), enticement of a minor 20 under AS 11.41.452(e), or attempt, conspiracy, or solicitation to commit sexual assault 21 in the first degree under AS 11.41.410(a)(1)(A), (2), (3), or (4), sexual abuse of a 22 minor in the first degree, or sex trafficking in the first degree under 23 AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 24 than 99 years and shall be sentenced to a definite term within the following 25 presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 26 (A) if the offense is a first felony conviction, the offense does 27 not involve circumstances described in (B) of this paragraph, and the victim 28 was 29 (i) under 13 years of age, 20 to 30 years; 30 (ii) 13 years of age or older, 15 to 30 years; 31 (B) if the offense is a first felony conviction and the defendant
01 possessed a firearm, used a dangerous instrument, or caused serious physical 02 injury during the commission of the offense, 25 to 35 years; 03 (C) if the offense is a second felony conviction and does not 04 involve circumstances described in (D) of this paragraph, 25 to 35 years; 05 (D) if the offense is a second felony conviction and the 06 defendant has a prior conviction for a sexual felony, 30 to 40 years; 07 (E) if the offense is a third felony conviction, the offense does 08 not involve circumstances described in (F) of this paragraph, and the defendant 09 is not subject to sentencing under (l) of this section, 35 to 50 years; 10 (F) if the offense is a third felony conviction, the defendant is 11 not subject to sentencing under (l) of this section, and the defendant has two 12 prior convictions for sexual felonies, 99 years; 13 (3) sexual assault in the second degree, sexual abuse of a minor in the 14 second degree, enticement of a minor under AS 11.41.452(d), indecent exposure in the 15 first degree under AS 11.41.458(b)(2), distribution of generated obscene child 16 sexual abuse material under AS 11.61.121(d)(2), distribution of child sexual abuse 17 material under AS 11.61.125(e)(2), patron of a victim of sex trafficking under 18 AS 11.66.137(c)(1) [AS 11.66.137], or attempt, conspiracy, or solicitation to commit 19 sexual assault in the first degree under AS 11.41.410(a)(1)(B) may be sentenced to a 20 definite term of imprisonment of not more than 99 years and shall be sentenced to a 21 definite term within the following presumptive ranges, subject to adjustment as 22 provided in AS 12.55.155 - 12.55.175: 23 (A) if the offense is a first felony conviction, five to 15 years; 24 (B) if the offense is a second felony conviction and does not 25 involve circumstances described in (C) of this paragraph, 10 to 25 years; 26 (C) if the offense is a second felony conviction and the 27 defendant has a prior conviction for a sexual felony, 15 to 30 years; 28 (D) if the offense is a third felony conviction and does not 29 involve circumstances described in (E) of this paragraph, 20 to 35 years; 30 (E) if the offense is a third felony conviction and the defendant 31 has two prior convictions for sexual felonies, 99 years;
01 (4) sexual assault in the third degree, sexual abuse of a minor in the 02 third degree under AS 11.41.438(c), incest, indecent exposure in the first degree under 03 AS 11.41.458(b)(1), distribution of generated obscene child sexual abuse material 04 under AS 11.61.121(d)(1), possession of generated obscene child sexual abuse 05 material, indecent viewing or production of a picture under AS 11.61.123(g)(1) or 06 (2), possession of child sexual abuse material, distribution of child sexual abuse 07 material under AS 11.61.125(e)(1), patron of a victim of sex trafficking under 08 AS 11.66.137(c)(2) [AS 11.66.137], or attempt, conspiracy, or solicitation to commit 09 sexual assault in the second degree, sexual abuse of a minor in the second degree, 10 distribution of generated obscene child sexual abuse material, unlawful 11 exploitation of a minor, distribution of child sexual abuse material under 12 AS 11.61.125(e)(2), or patron of a victim of sex trafficking under AS 11.66.137(c)(1) 13 [AS 11.66.137], may be sentenced to a definite term of imprisonment of not more than 14 99 years and shall be sentenced to a definite term within the following presumptive 15 ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 16 (A) if the offense is a first felony conviction and does not 17 involve the circumstances described in (B) or (C) of this paragraph, two to 12 18 years; 19 (B) if the offense is a first felony conviction under 20 AS 11.61.121(d)(1) or 11.61.125(e)(1) [AS 11.61.125(e)(1)] and does not 21 involve circumstances described in (C) of this paragraph, four to 12 years; 22 (C) if the offense is a first felony conviction under 23 AS 11.61.121(d)(1) or 11.61.125(e)(1) [AS 11.61.125(e)(1)], and the 24 defendant hosted, created, or helped host or create a mechanism for multi-party 25 sharing or distribution of generated obscene child sexual abuse material or 26 child sexual abuse material, or received a financial benefit or had a financial 27 interest in a generated obscene child sexual abuse material or child sexual 28 abuse material sharing or distribution mechanism, six to 14 years; 29 (D) if the offense is a second felony conviction and does not 30 involve circumstances described in (E) of this paragraph, eight to 15 years; 31 (E) if the offense is a second felony conviction and the
01 defendant has a prior conviction for a sexual felony, 12 to 20 years; 02 (F) if the offense is a third felony conviction and does not 03 involve circumstances described in (G) of this paragraph, 15 to 25 years; 04 (G) if the offense is a third felony conviction and the defendant 05 has two prior convictions for sexual felonies, 99 years. 06 * Sec. 48. AS 12.55.127(c) is amended to read: 07 (c) If the defendant is being sentenced for 08 (1) escape, the term of imprisonment shall be consecutive to the term 09 for the underlying crime; 10 (2) two or more crimes under AS 11.41, a consecutive term of 11 imprisonment shall be imposed for at least 12 (A) the mandatory minimum term under AS 12.55.125(a) for 13 each additional crime that is murder in the first degree; 14 (B) the mandatory minimum term for each additional crime 15 that is an unclassified felony governed by AS 12.55.125(b); 16 (C) the presumptive term specified in AS 12.55.125(c) or the 17 active term of imprisonment, whichever is less, for each additional crime that 18 is 19 (i) manslaughter; or 20 (ii) kidnapping that is a class A felony; 21 (D) two years or the active term of imprisonment, whichever is 22 less, for each additional crime that is criminally negligent homicide, except as 23 provided in (4) of this subsection; 24 (E) one-fourth of the presumptive term under AS 12.55.125(c) 25 or (i) for each additional crime that is sexual assault in the first degree under 26 AS 11.41.410 or sexual abuse of a minor in the first degree under 27 AS 11.41.434, or an attempt, solicitation, or conspiracy to commit those 28 offenses; and 29 (F) some additional term of imprisonment for each additional 30 crime, or each additional attempt or solicitation to commit the offense, under 31 AS 11.41.200 - 11.41.250, 11.41.420 - 11.41.432, 11.41.436 - 11.41.458, or
01 11.41.500 - 11.41.520; 02 (3) two or more crimes of violation of condition of release under 03 AS 11.56.757, a consecutive term of imprisonment shall be imposed for some 04 additional term of imprisonment for the underlying crime and each additional crime 05 under AS 11.56.757; 06 (4) criminally negligent homicide or criminally negligent homicide 07 of an unborn child, a consecutive term of imprisonment shall be imposed for 08 some additional term of imprisonment for each additional crime under 09 AS 28.35.050 or 28.35.060. 10 * Sec. 49. AS 12.55.127(d) is amended to read: 11 (d) If the defendant is being sentenced for two or more crimes of distribution 12 of generated obscene child sexual abuse material under AS 11.61.121, possession 13 of generated obscene child sexual abuse material under AS 11.61.122, distribution 14 of child sexual abuse material under AS 11.61.125, possession of child sexual abuse 15 material under AS 11.61.127, or distribution of indecent material to minors under 16 AS 11.61.128, a consecutive term of imprisonment shall be imposed for some 17 additional term of imprisonment for each additional crime or each additional attempt 18 or solicitation to commit the offense. 19 * Sec. 50. AS 12.55.145(a) is amended to read: 20 (a) For purposes of considering prior convictions in imposing sentence under 21 (1) AS 12.55.125(c), (d), or (e), 22 (A) a prior conviction may not be considered if a period of 10 23 or more years has elapsed between the date of the defendant's unconditional 24 discharge on the immediately preceding offense and commission of the present 25 offense unless the prior conviction was for an unclassified or class A felony; 26 (B) a conviction in this or another jurisdiction of an offense 27 having elements similar to those of a felony defined as such under Alaska law 28 at the time the offense was committed is considered a prior felony conviction; 29 (C) two or more convictions arising out of a single, continuous 30 criminal episode during which there was no substantial change in the nature of 31 the criminal objective are considered a single conviction unless the defendant
01 was sentenced to consecutive sentences for the crimes; offenses committed 02 while attempting to escape or avoid detection or apprehension after the 03 commission of another offense are not part of the same criminal episode or 04 objective; 05 (2) AS 12.55.125(l), 06 (A) a conviction in this or another jurisdiction of an offense 07 having elements similar to those of a most serious felony is considered a prior 08 most serious felony conviction; 09 (B) commission of and conviction for offenses relied on as 10 prior most serious felony offenses must occur in the following order: 11 conviction for the first offense must occur before commission of the second 12 offense, and conviction for the second offense must occur before commission 13 of the offense for which the defendant is being sentenced; 14 (3) AS 12.55.135(g), 15 (A) a prior conviction may not be considered if a period of five 16 or more years has elapsed between the date of the defendant's unconditional 17 discharge on the immediately preceding offense and commission of the present 18 offense unless the prior conviction was for an unclassified or class A felony; 19 (B) a conviction in this or another jurisdiction of an offense 20 having elements similar to those of a crime against a person or a crime 21 involving domestic violence is considered a prior conviction; 22 (C) two or more convictions arising out of a single, continuous 23 criminal episode during which there was no substantial change in the nature of 24 the criminal objective are considered a single conviction unless the defendant 25 was sentenced to consecutive sentences for the crimes; offenses committed 26 while attempting to escape or avoid detection or apprehension after the 27 commission of another offense are not part of the same criminal episode or 28 objective; 29 (4) AS 12.55.125(i), 30 (A) a conviction in this or another jurisdiction of an offense 31 having elements similar to those of a sexual felony is a prior conviction for a
01 sexual felony; 02 (B) a felony conviction in another jurisdiction making it a 03 crime to commit any lewd and lascivious act on a child under the age of 18 04 [16] years, with the intent of arousing, appealing to, or gratifying the sexual 05 desires of the defendant or the victim is a prior conviction for a sexual felony; 06 (C) two or more convictions arising out of a single, continuous 07 criminal episode during which there was no substantial change in the nature of 08 the criminal objective are considered a single conviction unless the defendant 09 was sentenced to consecutive sentences for the crimes; offenses committed 10 while attempting to escape or avoid detection or apprehension after the 11 commission of another offense are not part of the same criminal episode or 12 objective; 13 (D) a conviction in this or another jurisdiction of an offense 14 having elements similar to those of a felony defined as such under Alaska law 15 at the time the offense was committed is considered a prior felony conviction. 16 * Sec. 51. AS 12.55.155(c) is amended to read: 17 (c) The following factors shall be considered by the sentencing court if proven 18 in accordance with this section, and may allow imposition of a sentence above the 19 presumptive range set out in AS 12.55.125: 20 (1) a person, other than an accomplice, sustained physical injury as a 21 direct result of the defendant's conduct; 22 (2) the defendant's conduct during the commission of the offense 23 manifested deliberate cruelty to another person; 24 (3) the defendant was the leader of a group of three or more persons 25 who participated in the offense; 26 (4) the defendant employed a dangerous instrument in furtherance of 27 the offense; 28 (5) the defendant knew or reasonably should have known that the 29 victim of the offense was particularly vulnerable or incapable of resistance due to 30 advanced age, disability, ill health, homelessness, consumption of alcohol or drugs, or 31 extreme youth or was for any other reason substantially incapable of exercising
01 normal physical or mental powers of resistance; 02 (6) the defendant's conduct created a risk of imminent physical injury 03 to three or more persons, other than accomplices; 04 (7) a prior felony conviction considered for the purpose of invoking a 05 presumptive range under this chapter was of a more serious class of offense than the 06 present offense; 07 (8) the defendant's prior criminal history includes conduct involving 08 aggravated assaultive behavior, repeated instances of assaultive behavior, repeated 09 instances of cruelty to animals proscribed under AS 11.61.140(a)(1) and (3) - (5), or a 10 combination of assaultive behavior and cruelty to animals proscribed under 11 AS 11.61.140(a)(1) and (3) - (5); in this paragraph, "aggravated assaultive behavior" 12 means assault that is a felony under AS 11.41, or a similar provision in another 13 jurisdiction; 14 (9) the defendant knew that the offense involved more than one victim; 15 (10) the conduct constituting the offense was among the most serious 16 conduct included in the definition of the offense; 17 (11) the defendant committed the offense under an agreement that the 18 defendant either pay or be paid for the commission of the offense, and the pecuniary 19 incentive was beyond that inherent in the offense itself; 20 (12) the defendant was on release under AS 12.30 for another felony 21 charge or conviction or for a misdemeanor charge or conviction having assault as a 22 necessary element; 23 (13) the defendant knowingly directed the conduct constituting the 24 offense at an active officer of the court or at an active or former judicial officer, 25 prosecuting attorney, law enforcement officer, correctional employee, firefighter, 26 emergency medical technician, paramedic, ambulance attendant, or other emergency 27 responder during or because of the exercise of official duties; 28 (14) the defendant was a member of an organized group of five or 29 more persons, and the offense was committed to further the criminal objectives of the 30 group; 31 (15) the defendant has three or more prior felony convictions;
01 (16) the defendant's criminal conduct was designed to obtain 02 substantial pecuniary gain and the risk of prosecution and punishment for the conduct 03 is slight; 04 (17) the offense was one of a continuing series of criminal offenses 05 committed in furtherance of illegal business activities from which the defendant 06 derives a major portion of the defendant's income; 07 (18) the offense was a felony 08 (A) specified in AS 11.41 and was committed against a spouse, 09 a former spouse, or a member of the social unit made up of those living 10 together in the same dwelling as the defendant; 11 (B) specified in AS 11.41.410 - 11.41.458 and the defendant 12 has engaged in the same or other conduct prohibited by a provision of 13 AS 11.41.410 - 11.41.460 involving the same or another victim; 14 (C) specified in AS 11.41 that is a crime involving domestic 15 violence and was committed in the physical presence or hearing of a child 16 under 18 [16] years of age who was, at the time of the offense, living within 17 the residence of the victim, the residence of the perpetrator, or the residence 18 where the crime involving domestic violence occurred; 19 (D) specified in AS 11.41 and was committed against a person 20 with whom the defendant has a dating relationship or with whom the defendant 21 has engaged in a sexual relationship; or 22 (E) specified in AS 11.41.434 - 11.41.458 or AS 11.61.128 and 23 the defendant was 10 or more years older than the victim; 24 (19) the defendant's prior criminal history includes an adjudication as a 25 delinquent for conduct that would have been a felony if committed by an adult; 26 (20) the defendant was on furlough under AS 33.30 or on parole or 27 probation for another felony charge or conviction that would be considered a prior 28 felony conviction under AS 12.55.145(a)(1)(B); 29 (21) the defendant has a criminal history of repeated instances of 30 conduct violative of criminal laws, whether punishable as felonies or misdemeanors, 31 similar in nature to the offense for which the defendant is being sentenced under this
01 section; 02 (22) the defendant knowingly directed the conduct constituting the 03 offense at a victim because of that person's race, sex, color, creed, physical or mental 04 disability, ancestry, or national origin; 05 (23) the defendant is convicted of an offense specified in AS 11.71 and 06 (A) the offense involved the delivery of a controlled substance 07 under circumstances manifesting an intent to distribute the substance as part of 08 a commercial enterprise; or 09 (B) at the time of the conduct resulting in the conviction, the 10 defendant was caring for or assisting in the care of a child under 10 years of 11 age; 12 (24) the defendant is convicted of an offense specified in AS 11.71 and 13 the offense involved the transportation of controlled substances into the state; 14 (25) the defendant is convicted of an offense specified in AS 11.71 and 15 the offense involved large quantities of a controlled substance; 16 (26) the defendant is convicted of an offense specified in AS 11.71 and 17 the offense involved the distribution of a controlled substance that had been 18 adulterated with a toxic substance; 19 (27) the defendant, being 18 years of age or older, 20 (A) is legally accountable under AS 11.16.110(2) for the 21 conduct of a person who, at the time the offense was committed, was under 18 22 years of age and at least three years younger than the defendant; or 23 (B) is aided or abetted in planning or committing the offense by 24 a person who, at the time the offense was committed, was under 18 years of 25 age and at least three years younger than the defendant; 26 (28) the victim of the offense is a person who provided testimony or 27 evidence related to a prior offense committed by the defendant; 28 (29) the defendant committed the offense for the benefit of, at the 29 direction of, or in association with a criminal street gang; 30 (30) the defendant is convicted of an offense specified in AS 11.41.410 31 - 11.41.455, and the defendant knowingly supplied alcohol or a controlled substance to
01 the victim in furtherance of the offense with the intent to make the victim 02 incapacitated; in this paragraph, "incapacitated" has the meaning given in 03 AS 11.41.470; 04 (31) the defendant's prior criminal history includes convictions for five 05 or more crimes in this or another jurisdiction that are class A misdemeanors under the 06 law of this state, or having elements similar to a class A misdemeanor; two or more 07 convictions arising out of a single continuous episode are considered a single 08 conviction; however, an offense is not a part of a continuous episode if committed 09 while attempting to escape or resist arrest or if it is an assault on a uniformed or 10 otherwise clearly identified peace officer or correctional employee; notice and denial 11 of convictions are governed by AS 12.55.145(b) - (d); 12 (32) the offense is a violation of AS 11.41 or AS 11.46.400 and the 13 offense occurred on school grounds, on a school bus, at a school-sponsored event, or 14 in the administrative offices of a school district if students are educated at that office; 15 in this paragraph, 16 (A) "school bus" has the meaning given in AS 11.71.900; 17 (B) "school district" has the meaning given in AS 47.07.063; 18 (C) "school grounds" has the meaning given in AS 11.71.900; 19 (33) the offense was a felony specified in AS 11.41.410 - 11.41.455, 20 the defendant had been previously diagnosed as having or having tested positive for 21 HIV or AIDS, and the offense either (A) involved penetration, or (B) exposed the 22 victim to a risk or a fear that the offense could result in the transmission of HIV or 23 AIDS; in this paragraph, "HIV" and "AIDS" have the meanings given in 24 AS 18.15.310; 25 (34) the defendant committed the offense on, or to affect persons or 26 property on, the premises of a recognized shelter or facility providing services to 27 victims of domestic violence or sexual assault; 28 (35) the defendant knowingly directed the conduct constituting the 29 offense at a victim because that person was 65 years of age or older; 30 (36) the defendant committed the offense at a health care facility and 31 knowingly directed the conduct constituting the offense at a medical professional
01 during or because of the medical professional's exercise of professional duties; in this 02 paragraph, 03 (A) "health care facility" has the meaning given in 04 AS 18.07.111; 05 (B) "medical professional" has the meaning given in 06 AS 12.55.135(k); 07 (37) the defendant knowingly caused the victim to become 08 unconscious by means of a dangerous instrument; in this paragraph, "dangerous 09 instrument" has the meaning given in AS 11.81.900(b)(16)(B). 10 * Sec. 52. AS 12.55.185(16) is amended to read: 11 (16) "sexual felony" means sexual assault in the first degree, sexual 12 abuse of a minor in the first degree, sex trafficking in the first degree, sexual assault in 13 the second degree, sexual abuse of a minor in the second degree, sexual abuse of a 14 minor in the third degree under AS 11.41.438(c), unlawful exploitation of a minor, 15 patron of a victim of sex trafficking, distribution of generated obscene child sexual 16 abuse material, possession of generated obscene child sexual abuse material, 17 indecent viewing or production of a picture under AS 11.61.123(g)(1) or (2), 18 distribution of child sexual abuse material, sexual assault in the third degree, incest, 19 indecent exposure in the first degree, possession of child sexual abuse material, 20 enticement of a minor, and felony attempt, conspiracy, or solicitation to commit those 21 crimes; 22 * Sec. 53. AS 12.61.010(a) is amended to read: 23 (a) Victims of crimes have the following rights: 24 (1) the right to be present during any proceeding in 25 (A) the prosecution and sentencing of a defendant if the 26 defendant has the right to be present, including being present during testimony 27 even if the victim is likely to be called as a witness; 28 (B) the adjudication of a minor as provided under 29 AS 47.12.110; 30 (2) the right to be notified by the appropriate law enforcement agency 31 or the prosecuting attorney of any request for a continuance that may substantially
01 delay the prosecution and of the date of trial, sentencing, including a proceeding 02 before a three-judge panel under AS 12.55.175, an appeal, and any hearing in which 03 the defendant's release from custody is considered; 04 (3) the right to be notified that a sentencing hearing or a court 05 proceeding to which the victim has been subpoenaed will not occur as scheduled; 06 (4) the right to receive protection from harm and threats of harm 07 arising out of cooperation with law enforcement and prosecution efforts and to be 08 provided with information as to the protection available; 09 (5) the right to be notified of the procedure to be followed to apply for 10 and receive any compensation under AS 18.67; 11 (6) at the request of the prosecution or a law enforcement agency, the 12 right to cooperate with the criminal justice process without loss of pay and other 13 employee benefits except as authorized by AS 12.61.017 and without interference in 14 any form by the employer of the victim of crime; 15 (7) the right to obtain access to immediate medical assistance and not 16 to be detained for an unreasonable length of time by a law enforcement agency before 17 having medical assistance administered; however, an employee of the law 18 enforcement agency may, if necessary, accompany the person to a medical facility to 19 question the person about the criminal incident if the questioning does not hinder the 20 administration of medical assistance; 21 (8) the right to make a written or oral statement for use in preparation 22 of the presentence report of a felony defendant; 23 (9) the right to appear personally at the defendant's sentencing hearing 24 to present a written statement and to give sworn testimony or an unsworn oral 25 presentation; 26 (10) the right to be informed by the prosecuting attorney, at any time 27 after the defendant's conviction, about the complete record of the defendant's 28 convictions; 29 (11) the right to notice under AS 12.47.095 concerning the status of the 30 defendant found not guilty by reason of insanity; 31 (12) the right to notice under AS 33.16.087 of a hearing concerning
01 special medical parole of the defendant; 02 (13) the right to notice under AS 33.16.120 of a hearing to consider or 03 review discretionary parole of the defendant; 04 (14) the right to notice under AS 33.30.013 of the release or escape of 05 the defendant; [AND] 06 (15) the right to be notified orally and in writing of and receive 07 information about the office of victims' rights from the law enforcement officer 08 initially investigating the crime and from the prosecuting attorney assigned to the 09 offense; at a minimum, the information provided must include the address, telephone 10 number, and Internet address of the office of victims' rights; this paragraph 11 (A) applies only to victims of felonies and to victims of class A 12 misdemeanors if the class A misdemeanor is a crime involving domestic 13 violence or a crime against a person under AS 11.41; if the victim is an 14 unemancipated minor, the law enforcement officer and the prosecuting 15 attorney shall also provide the notice required by this paragraph to the parent 16 or guardian of the minor; 17 (B) is satisfied if, at the time of initial contact with the crime 18 victim, the investigating officer and prosecuting attorney each give each crime 19 victim a brochure or other written material prepared by the office of victims' 20 rights and provided to law enforcement agencies for that purpose; and 21 (16) the right to be notified of the location and testing date of a 22 sexual assault examination kit collected from the victim. 23 * Sec. 54. AS 12.62.160(b) is amended to read: 24 (b) Subject to the requirements of this section, and except as otherwise limited 25 or prohibited by other provision of law or court rule, criminal justice information 26 (1) may be provided to a person when, and only to the extent, 27 necessary to avoid imminent danger to life or extensive damage to property; 28 (2) may be provided to a person to the extent required by applicable 29 court rules or under an order of a court of this state, another state, or the United States; 30 (3) may be provided to a person if the information is commonly or 31 traditionally provided by criminal justice agencies in order to identify, locate, or
01 apprehend fugitives or wanted persons or to recover stolen property, or for public 02 reporting of recent arrests, charges, and other criminal justice activity; 03 (4) may be provided to a criminal justice agency for a criminal justice 04 activity; 05 (5) may be provided to a government agency when necessary for 06 enforcement of or for a purpose specifically authorized by state or federal law; 07 (6) may be provided to a person specifically authorized by a state or 08 federal law to receive that information; 09 (7) in aggregate form may be released to a qualified person, as 10 determined by the agency, for criminal justice research, subject to written conditions 11 that ensure [ASSURE] the security of the information and the privacy of individuals 12 to whom the information relates; 13 (8) may be provided to a person for any purpose, except that 14 information may not be released if the information is nonconviction information, [OR] 15 correctional treatment information, or criminal justice information as described in 16 (f) of this section; 17 (9) including information relating to a serious offense, may be 18 provided to an interested person if the information is requested for the purpose of 19 determining whether to grant a person supervisory or disciplinary power over a minor 20 or dependent adult; and 21 (10) may be provided to the person who is the subject of the 22 information. 23 * Sec. 55. AS 12.62.160 is amended by adding a new subsection to read: 24 (f) An agency may not release criminal justice information of a criminal case 25 in which the defendant 26 (1) was convicted under AS 11.71.060, or a municipal ordinance with 27 similar elements, for possession of less than one ounce of a schedule VIA controlled 28 substance; 29 (2) was 21 years of age or older at the time of commission of the 30 offense; 31 (3) was not convicted of any other criminal charges in that case; and
01 (4) requests that the agency not release the records. 02 * Sec. 56. AS 12.62.900(22) is amended to read: 03 (22) "serious offense" means a conviction for a violation or for an 04 attempt, solicitation, or conspiracy to commit a violation of any of the following laws, 05 or of the laws of another jurisdiction with substantially similar elements: 06 (A) a felony offense; 07 (B) a crime involving domestic violence; 08 (C) AS 11.41.410 - 11.41.470; 09 (D) AS 11.51.130, 11.51.200 - 11.51.220, or AS 11.56.100 - 10 11.56.210 [OR 11.51.200 - 11.56.210]; 11 (E) AS 11.61.110(a)(7), 11.61.121, or 11.61.125; 12 (F) AS 11.66.100 - 11.66.130; 13 (G) former AS 11.15.120, former 11.15.134, or assault with the 14 intent to commit rape under former AS 11.15.160; or 15 (H) former AS 11.40.080, 11.40.110, 11.40.130, or 11.40.200 - 16 11.40.420, if committed before January 1, 1980. 17 * Sec. 57. AS 12.63.020(a) is amended to read: 18 (a) The duty of a sex offender or child kidnapper to comply with the 19 requirements of AS 12.63.010 is as follows: 20 (1) for a sex offender or child kidnapper, as that term is defined in 21 AS 12.63.100(6)(A), for each sex offense or child kidnapping, the duty 22 (A) continues for the lifetime of a sex offender or child 23 kidnapper convicted of 24 (i) one aggravated sex offense; or 25 (ii) two or more sex offenses, two or more child 26 kidnappings, or one sex offense and one child kidnapping; for purposes 27 of this section, a person convicted of indecent exposure before a person 28 under 18 [16] years of age under AS 11.41.460 more than two times 29 has been convicted of two or more sex offenses; 30 (B) ends 15 years following the sex offender's or child 31 kidnapper's unconditional discharge from a conviction for a single sex offense
01 that is not an aggravated sex offense or for a single child kidnapping if the sex 02 offender or child kidnapper has supplied proof that is acceptable to the 03 department of the unconditional discharge; the registration period under this 04 subparagraph 05 (i) is tolled for the period that a sex offender or child 06 kidnapper fails to comply with the requirements of this chapter or is 07 incarcerated for the offense or kidnapping for which the offender or 08 kidnapper is required to register or for any other offense; 09 (ii) may include the time a sex offender or child 10 kidnapper was absent from this state if the sex offender or child 11 kidnapper has complied with any sex offender or child kidnapper 12 registration requirements of the jurisdiction in which the offender or 13 kidnapper was located and if the sex offender or child kidnapper 14 provides the department with proof of the compliance while the sex 15 offender or child kidnapper was absent from this state; and 16 (iii) continues for a sex offender or child kidnapper who 17 has not supplied proof acceptable to the department of the offender's or 18 kidnapper's unconditional discharge for the sex offense or child 19 kidnapping requiring registration; 20 (2) for a sex offender or child kidnapper, as that term is defined in 21 AS 12.63.100(6)(B), the duty continues for the period determined by the department 22 under (b) of this section. 23 * Sec. 58. AS 12.63.100(7) is amended to read: 24 (7) "sex offense" means 25 (A) a crime under AS 11.41.100(a)(3), or a similar law of 26 another jurisdiction, in which the person committed or attempted to commit a 27 sexual offense, or a similar offense under the laws of the other jurisdiction; in 28 this subparagraph, "sexual offense" has the meaning given in 29 AS 11.41.100(a)(3); 30 (B) a crime under AS 11.41.110(a)(3), or a similar law of 31 another jurisdiction, in which the person committed or attempted to commit
01 one of the following crimes, or a similar law of another jurisdiction: 02 (i) sexual assault in the first degree; 03 (ii) sexual assault in the second degree; 04 (iii) sexual abuse of a minor in the first degree; or 05 (iv) sexual abuse of a minor in the second degree; 06 (C) a crime, or an attempt, solicitation, or conspiracy to commit 07 a crime, under the following statutes or a similar law of another jurisdiction: 08 (i) AS 11.41.410 - 11.41.438; 09 (ii) AS 11.41.440(a)(2); 10 (iii) AS 11.41.450 - 11.41.458; 11 (iv) AS 11.41.460 or AS 26.05.900(c) if the indecent 12 exposure is before a person under 18 [16] years of age and the offender 13 has previously been convicted under AS 11.41.460 or AS 26.05.900(c); 14 (v) AS 11.61.121 or 11.61.122; 15 (vi) AS 11.61.125 - 11.61.128; 16 (vii) [(vi)] AS 11.66.130(a)(2)(B) or AS 26.05.900(b) if 17 the person who was induced or caused to engage in prostitution was 18 under 20 years of age at the time of the offense; 19 (viii) [(vii)] former AS 11.15.120, former 11.15.134, or 20 assault with the intent to commit rape under former AS 11.15.160, 21 former AS 11.40.110, or former 11.40.200; 22 (ix) [(viii)] AS 11.61.118(a)(2) if the offender has a 23 previous conviction for that offense; 24 (x) [(ix)] AS 11.66.100(a)(2) if the offender is subject 25 to punishment under former AS 11.66.100(e); 26 (xi) [(x)] AS 26.05.890 if the person engaged in sexual 27 penetration or sexual contact with the victim; 28 (xii) [(xi)] AS 26.05.890 if, at the time of the offense, 29 the 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 (xiii) [(xii)] AS 26.05.893 if the person engaged in 02 sexual penetration or sexual contact with the victim; 03 (xiv) [(xiii)] AS 26.05.900(a) if the victim is under 18 04 years of age at the time of the offense; 05 (xv) [(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; 09 (xvi) [(xv)] AS 11.61.123 if the offender is subject to 10 punishment under AS 11.61.123(g)(1) or (2); 11 (xvii) [(xvi)] AS 11.66.137; 12 (xviii) [(xvii)] AS 11.61.130(a)(2); or 13 (xix) [(xviii)] AS 11.66.110 and 11.66.120; 14 (D) an offense, or an attempt, solicitation, or conspiracy to 15 commit an offense, under AS 26.05.935(b), or a similar law of another 16 jurisdiction, if the member of the militia commits one of the following 17 enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform 18 Code of Military Justice): 19 (i) child sexual abuse material; or 20 (ii) pandering and prostitution if the person who is 21 induced, enticed, caused, or procured to engage in a sexual act is under 22 20 years of age at the time of the offense; or 23 (E) an offense in which the person is required to register as a 24 sex offender under the laws of another jurisdiction; 25 * Sec. 59. AS 14.20.030(b) is amended to read: 26 (b) The commissioner or the Professional Teaching Practices Commission 27 shall revoke for life the certificate of a person who has been convicted of a crime, or 28 an attempt, solicitation, or conspiracy to commit a crime, involving a minor under 29 AS 11.41.410 - 11.41.460, AS 11.61.121, 11.61.122, 11.61.125 [AS 11.61.125], or 30 11.61.127, or a law or ordinance in another jurisdiction with elements similar to an 31 offense described in this subsection.
01 * Sec. 60. AS 18.66.250(5) is amended to read: 02 (5) "victim counseling center" means a private organization, an 03 organization operated by or contracted by a branch of the armed forces of the United 04 States, or a local or tribal government agency that 05 (A) has, as one of its primary purposes, the provision of direct 06 services to victims for trauma resulting from a sexual assault or domestic 07 violence; 08 (B) is not affiliated with a law enforcement agency or a 09 prosecutor's office; and 10 (C) is not on contract with the state to provide services under 11 AS 47; 12 * Sec. 61. AS 28.15.046(c) is amended to read: 13 (c) The department may not issue a license under this section to an applicant 14 (1) who has been convicted of any of the following offenses: 15 (A) a violation, or an attempt, solicitation, or conspiracy to 16 commit a violation, of AS 11.41.100 - 11.41.220, 11.41.260 - 11.41.320, 17 11.41.360 - 11.41.370, 11.41.410 - 11.41.470, or 11.41.500 - 11.41.530; 18 (B) a felony violation of endangering the welfare of a child in 19 the first degree under AS 11.51.100; 20 (C) felony indecent viewing or production of a picture under 21 AS 11.61.123; 22 (D) distribution of child sexual abuse material under 23 AS 11.61.125; 24 (E) possession of child sexual abuse material under 25 AS 11.61.127; 26 (F) distribution of indecent material to minors under 27 AS 11.61.128; 28 (G) patron of a victim of sex trafficking under AS 11.66.137; 29 (H) sex trafficking in the first, second, or third degree under 30 AS 11.66.110 - 11.66.130; 31 (I) a felony involving distribution of a controlled substance
01 under AS 11.71 or imitation controlled substance under AS 11.73; 02 (J) a felony violation under AS 28.35.030(n) or 28.35.032(p); 03 (K) distribution of generated obscene child sexual abuse 04 material under AS 11.61.121; 05 (L) possession of generated obscene child sexual abuse 06 material under AS 11.61.122; or 07 (2) who has been convicted of any of the following offenses and less 08 than two years have elapsed since the applicant's date of conviction for the offense: 09 (A) assault in the fourth degree under AS 11.41.230; 10 (B) reckless endangerment under AS 11.41.250; 11 (C) contributing to the delinquency of a minor under 12 AS 11.51.130; 13 (D) misdemeanor prostitution under AS 11.66.100(a)(2); 14 (E) a misdemeanor violation of endangering the welfare of a 15 child in the first degree under AS 11.51.100. 16 * Sec. 62. AS 28.35.060(b) is amended to read: 17 (b) Except as provided in (c) or (d) of this section, a person who fails to 18 comply with any of the requirements of this section is, upon conviction, punishable by 19 imprisonment for not more than one year, or by a fine of not more than $500, or by 20 both. This provision does not apply to a person incapacitated by the accident to the 21 extent that the person is physically incapable of complying with the requirement. 22 * Sec. 63. AS 28.35.060(c) is amended to read: 23 (c) A person who fails to comply with a requirement of this section regarding 24 assisting an injured person is, upon conviction, guilty of a class B felony, punishable 25 as provided in AS 12.55 [BY IMPRISONMENT FOR NOT MORE THAN 10 26 YEARS, OR BY A FINE OF NOT MORE THAN $10,000, OR BY BOTH]. This 27 provision does not apply to a person incapacitated by the accident to the extent that the 28 person is physically incapable of complying with the requirement. 29 * Sec. 64. AS 28.35.060 is amended by adding a new subsection to read: 30 (d) A person who fails to comply with a requirement of this section regarding 31 failure to render reasonable assistance in an accident resulting in death is, upon
01 conviction, guilty of a class A felony, punishable as provided in AS 12.55. This 02 provision does not apply to a person incapacitated by the accident to the extent that the 03 person is physically incapable of complying with the requirement. 04 * Sec. 65. AS 28.35 is amended by adding a new section to read: 05 Sec. 28.35.248. Airbag fraud. (a) A person commits the crime of airbag fraud 06 if the person 07 (1) knowingly sells, offers for sale, imports, installs, or reinstalls 08 (A) a replacement airbag that does not comply with federal 09 safety regulations specific to the vehicle's make, model, and year; 10 (B) an airbag that is counterfeit or nonfunctioning; or 11 (C) a part or device that is intended to conceal a counterfeit or 12 nonfunctioning airbag; 13 (2) knowingly manufactures 14 (A) a counterfeit or nonfunctioning airbag; or 15 (B) a part or device that is intended to conceal a counterfeit or 16 nonfunctioning airbag; or 17 (3) intentionally sells, leases, or trades or offers for sale, lease, or trade 18 a vehicle that the person knows has 19 (A) a replacement airbag that does not comply with federal 20 safety regulations specific to the vehicle's make, model, and year; or 21 (B) a counterfeit or nonfunctioning airbag. 22 (b) This section does not apply to 23 (1) a person installing, reinstalling, or replacing an airbag on a vehicle 24 used solely for police work; 25 (2) an owner or employee of a motor vehicle dealership or the owner 26 of a vehicle who, before the sale of the vehicle, does not have knowledge that the 27 vehicle's airbag is counterfeit or nonfunctioning; 28 (3) a person who transfers a vehicle title to an insurance company to 29 satisfy an insurance claim when the insurance company declares the vehicle to be an 30 actual total loss or constructive total loss; 31 (4) an insurance company that sells or otherwise disposes of a vehicle
01 as authorized by law or regulation; or 02 (5) a person who, before the sale, lease, or trade of a vehicle, discloses 03 to the buyer or lessee that the vehicle contains an airbag that is inoperable, damaged, 04 recalled, has previously been deployed, causes a vehicle's diagnostic system to 05 inaccurately indicate that the vehicle is equipped with a properly functioning airbag, or 06 results in an electric fault detected by a vehicle's diagnostic system after the 07 installation procedure was completed. 08 (c) This section does not 09 (1) preclude liability of any party in a civil action; or 10 (2) create a duty that, before the sale of a vehicle, an owner or 11 employee of a motor vehicle dealership or the owner of the vehicle inspect a vehicle in 12 the possession of the dealership or owner to determine whether the airbag is 13 counterfeit or nonfunctioning. 14 (d) In this section, 15 (1) "airbag" includes an airbag component; 16 (2) "counterfeit" means a replacement airbag displaying an 17 unauthorized mark that is identical, or substantially similar, to the genuine mark of a 18 motor vehicle manufacturer or supplier of parts to a motor vehicle manufacturer; 19 (3) "nonfunctioning" means a replacement airbag that 20 (A) is inoperable; 21 (B) is damaged; 22 (C) is recalled; 23 (D) has previously been deployed; 24 (E) will cause a vehicle's diagnostic system to inaccurately 25 indicate that the vehicle is equipped with a properly functioning airbag; or 26 (F) results in an electric fault detected by a vehicle's diagnostic 27 system after the installation procedure is complete; 28 (4) "recalled" means an airbag that was removed from a vehicle 29 because a manufacturer or federal agency determined the airbag created an 30 unreasonable safety risk or did not meet minimum safety standards and that federal 31 law has not exempted from reinstallation.
01 (e) Airbag fraud is 02 (1) a class A misdemeanor; or 03 (2) a class C felony if death or serious physical injury to another 04 person results from 05 (A) the manufacture, sale, importation, installation, or 06 reinstallation of a replacement airbag that does not comply with federal safety 07 regulations specific to the vehicle's make, model, and year or a counterfeit or 08 nonfunctioning airbag; or 09 (B) the sale, lease, or trade of a vehicle that has a replacement 10 airbag that does not comply with federal safety regulations specific to the 11 vehicle's make, model, and year or a counterfeit or nonfunctioning airbag. 12 * Sec. 66. AS 33.30 is amended by adding a new section to read: 13 Sec. 33.30.068. Medical release for service of sentence by electronic 14 monitoring. (a) Notwithstanding other provisions of law, the commissioner may 15 authorize medical release for a prisoner if 16 (1) after evaluation, the chief medical officer for the department finds 17 that the prisoner 18 (A) has a permanent or degenerative medical condition and, as 19 a result of the condition, the prisoner will not pose a threat of harm to the 20 public if released on electronic monitoring; or 21 (B) is in poor health and, as a result, the prisoner will not pose 22 a threat of harm to the public if released on electronic monitoring; and 23 (2) the medical release will result in cost savings to the state. 24 (b) The commissioner shall require a prisoner released under this section to be 25 placed on electronic monitoring. If the electronic monitoring equipment would be 26 detrimental to the prisoner's health, would interfere with the functioning of the 27 prisoner's medical equipment, or would result in a loss of funding for the prisoner's 28 medical care, the commissioner shall require an alternative type of monitoring. The 29 electronic monitoring shall be administered by the department or by a private 30 contractor approved by the department under AS 33.30.011(a)(10)(B) and shall be 31 designed so that any attempt to remove, tamper with, or disable the monitoring
01 equipment or to leave the place selected for the service of the term or period will result 02 in a report or notice to the department. 03 (c) A decision by the commissioner to authorize a prisoner for medical release 04 for service of sentence by electronic monitoring does not create a liberty interest in 05 that status for the prisoner. The prisoner may be returned to a correctional facility at 06 the discretion of the commissioner. 07 * Sec. 67. AS 44.23.080(a) is amended to read: 08 (a) If there is reasonable cause to believe that an Internet service account has 09 been used in connection with a violation of AS 11.41.452, 11.41.455, or 10 AS 11.61.121, 11.61.122, or 11.61.125 - 11.61.128 [AS 11.61.125 - 11.61.128], and 11 that the identity, address, and other information about the account owner will assist in 12 obtaining evidence that is relevant to the offense, a law enforcement officer may apply 13 to the attorney general or the attorney general's designee for an administrative 14 subpoena to obtain the business records of the Internet service provider located inside 15 or outside of the state. 16 * Sec. 68. AS 44.41.065(a) is amended to read: 17 (a) When [A LAW ENFORCEMENT AGENCY COLLECTS] a sexual 18 assault examination kit is used to gather evidence under AS 18.68.010, [THE 19 AGENCY SHALL] 20 (1) a health care provider that gathers the evidence shall, not later 21 than 14 days after gathering the evidence, notify the appropriate law 22 enforcement agency that the sexual assault examination kit is available to be sent 23 to an accredited laboratory in coordination with the Department of Public Safety 24 or a laboratory operated by the Department of Public Safety; 25 (2) a law enforcement agency that gathers the evidence or that 26 receives notification of evidence gathered by a health care provider under (1) of 27 this subsection shall 28 (A) not later than 20 [WITHIN 30] days after gathering the 29 evidence or receiving the notification from the health care provider [THE 30 AGENCY COLLECTS THE SEXUAL ASSAULT EXAMINATION KIT], 31 send the sexual assault examination kit to an accredited laboratory in
01 coordination with the Department of Public Safety or a laboratory operated by 02 the Department of Public Safety; and 03 (B) not later than 14 days [(2) ENSURE THAT THE 04 LABORATORY TO WHICH THE SEXUAL ASSAULT EXAMINATION 05 KIT IS SENT UNDER (1) OF THIS SUBSECTION CONDUCTS A 06 SEROLOGICAL OR DNA TEST ON THE SEXUAL ASSAULT 07 EXAMINATION KIT WITHIN SIX MONTHS AFTER THE 08 LABORATORY RECEIVES THE SEXUAL ASSAULT EXAMINATION 09 KIT; AND 10 (3) WITHIN TWO WEEKS] after the laboratory that receives the 11 sexual assault examination kit under [(1) OF] this subsection completes serological or 12 DNA testing, make a reasonable effort to notify the victim from whom the sexual 13 assault examination kit was collected that the sexual assault examination kit has been 14 tested; and 15 (3) a laboratory to which the sexual assault examination kit is sent 16 under (2) of this subsection shall, not later than 120 days after receiving the 17 sexual assault examination kit, conduct a serological or DNA test on the sexual 18 assault examination kit. 19 * Sec. 69. AS 44.41.065(b) is amended to read: 20 (b) A criminal action may not be dismissed nor the evidence deemed 21 nonadmissible for failure to be tested within the times established in (a) [(a)(1) AND 22 (2)] of this section. 23 * Sec. 70. AS 44.41.065(c) is amended to read: 24 (c) If a case is resolved before a sexual assault examination kit is tested, a 25 health care provider, law enforcement agency, or laboratory in possession of the 26 sexual assault examination kit is not required to meet the time limits established in 27 (a) of this section. 28 * Sec. 71. AS 44.41.065(d)(1) is amended to read: 29 (1) "law enforcement agency" has [AND "AGENCY" HAVE] the 30 meaning given [TO "LAW ENFORCEMENT AGENCY"] in AS 12.36.090; 31 * Sec. 72. AS 44.41.065 is amended by adding a new subsection to read:
01 (e) A health care provider, law enforcement agency, or laboratory in 02 possession of a sexual assault examination kit shall enter information specified by the 03 Department of Public Safety into the sexual assault examination kit tracking system 04 under AS 44.41.067. The information must be entered at the time and in the form and 05 manner specified by the Department of Public Safety. 06 * Sec. 73. AS 44.41 is amended by adding a new section to read: 07 Sec. 44.41.067. Sexual assault examination kit tracking system. (a) The 08 Department of Public Safety shall develop and operate a sexual assault examination 09 kit tracking system to track the status and location of a sexual assault examination kit 10 from the point of evidence collection to serological or DNA testing. 11 (b) The sexual assault examination kit tracking system must allow the victim 12 from whom the sexual assault examination kit was collected to access the tracking 13 information associated with the kit and, if the victim chooses, receive automated 14 notifications of the status of the kit. 15 (c) The sexual assault examination kit tracking system is confidential and is 16 not a public record under AS 40.25.110 - 40.25.140, except that the Department of 17 Public Safety may include information from the tracking system in the report required 18 under AS 44.41.070. 19 * Sec. 74. AS 47.12.110(d) is amended to read: 20 (d) Notwithstanding (a) of this section, a court hearing on a petition seeking 21 the adjudication of a minor as a delinquent shall be open to the public, except as 22 prohibited or limited by order of the court, if 23 (1) the department files with the court a motion asking the court to 24 open the hearing to the public, and the petition seeking adjudication of the minor as a 25 delinquent is based on 26 (A) the minor's alleged commission of an offense, and the 27 minor has knowingly failed to comply with all the terms and conditions 28 required of the minor by the department or imposed on the minor in a court 29 order entered under AS 47.12.040(a)(2) or 47.12.120; 30 (B) the minor's alleged commission of 31 (i) a crime against a person that is punishable as a
01 felony; 02 (ii) a crime in which the minor employed a deadly 03 weapon, as that term is defined in AS 11.81.900(b), in committing the 04 crime; 05 (iii) arson under AS 11.46.400 - 11.46.410; 06 (iv) burglary under AS 11.46.300; 07 (v) distribution of child sexual abuse material under 08 AS 11.61.125; 09 (vi) sex trafficking in the first degree under 10 AS 11.66.110; 11 (vii) distribution of generated obscene child sexual 12 abuse material under AS 11.61.121; or 13 (viii) [OR (vii)] misconduct involving a controlled 14 substance under AS 11.71 involving the delivery of a controlled 15 substance or the possession of a controlled substance with intent to 16 deliver, other than an offense under AS 11.71.040 or 11.71.050; or 17 (C) the minor's alleged commission of a felony and the minor 18 was 16 years of age or older at the time of commission of the offense when the 19 minor has previously been convicted or adjudicated a delinquent minor based 20 on the minor's commission of an offense that is a felony; or 21 (2) the minor agrees to a public hearing on the petition seeking 22 adjudication of the minor as a delinquent. 23 * Sec. 75. AS 47.12.315(a) is amended to read: 24 (a) Notwithstanding AS 47.12.310 and except as otherwise provided in this 25 section, the department shall disclose information to the public, on request, concerning 26 a minor subject to this chapter who was at least 13 years of age at the time of 27 commission of 28 (1) a felony offense against a person under AS 11.41; 29 (2) arson in the first or second degree; 30 (3) burglary in the first degree; 31 (4) distribution of child sexual abuse material;
01 (5) sex trafficking in the first degree; 02 (6) misconduct involving a controlled substance in the first, second, or 03 third degrees involving distribution or possession with intent to deliver; [OR] 04 (7) misconduct involving weapons in the first through fourth degrees; 05 or 06 (8) distribution of generated obscene child sexual abuse material 07 under AS 11.61.121. 08 * Sec. 76. AS 11.41.436(a)(6), 11.41.440(a)(2); AS 12.63.100(7)(C)(ii); and 09 AS 44.41.070(a) are repealed. 10 * Sec. 77. AS 12.62.160(f)(4) is repealed January 1, 2028. 11 * Sec. 78. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 APPLICABILITY. (a) The following sections apply to offenses committed on or after 14 the effective date of this Act: 15 (1) AS 09.55.650(a), as amended by sec. 1 of this Act; 16 (2) AS 11.41.100(a), as amended by sec. 2 of this Act; 17 (3) AS 11.41.110(a), as amended by sec. 3 of this Act; 18 (4) AS 11.41.220(a), as amended by sec. 4 of this Act; 19 (5) AS 11.41.220(b), as amended by sec. 5 of this Act; 20 (6) AS 11.41.260(a), as amended by sec. 6 of this Act; 21 (7) AS 11.41.410(a), as amended by sec. 7 of this Act; 22 (8) AS 11.41.420(a), as amended by sec. 8 of this Act; 23 (9) AS 11.41.434(a), as amended by sec. 9 of this Act; 24 (10) AS 11.41.436(a), as amended by sec. 10 of this Act; 25 (11) AS 11.41.438(a), as amended by sec. 11 of this Act; 26 (12) AS 11.41.452(a), as amended by sec. 12 of this Act; 27 (13) AS 11.41.452(b), as amended by sec. 13 of this Act; 28 (14) AS 11.41.452(c), as amended by sec. 14 of this Act; 29 (15) AS 11.41.452(e), as amended by sec. 15 of this Act; 30 (16) AS 11.41.455(a), as amended by sec. 16 of this Act; 31 (17) AS 11.41.458(b), as amended by sec. 17 of this Act;
01 (18) AS 11.41.460(b), as amended by sec. 18 of this Act; 02 (19) AS 11.46.140(a), as amended by sec. 19 of this Act; 03 (20) AS 11.51.100(a), as amended by sec. 20 of this Act; 04 (21) AS 11.61.116(a), as amended by sec. 21 of this Act; 05 (22) AS 11.61.118(a), as amended by sec. 22 of this Act; 06 (23) AS 11.61.120(a), as amended by sec. 23 of this Act; 07 (24) AS 11.61.124(a), as amended by sec. 25 of this Act; 08 (25) AS 11.61.124(b), as amended by sec. 26 of this Act; 09 (26) AS 11.61.125(e), as amended by sec. 27 of this Act; 10 (27) AS 11.61.127(a), as amended by sec. 28 of this Act; 11 (28) AS 11.61.127(b), as amended by sec. 29 of this Act; 12 (29) AS 11.61.128(a), as amended by sec. 30 of this Act; 13 (30) AS 11.61.128(b), as amended by sec. 31 of this Act; 14 (31) AS 11.61.128(c), as amended by sec. 32 of this Act; 15 (32) AS 11.61.128(e), as amended by sec. 33 of this Act; 16 (33) AS 11.61.129(a), as amended by sec. 34 of this Act; 17 (34) AS 11.61.140(a), as amended by sec. 35 of this Act; 18 (35) AS 11.61.140(g), as amended by sec. 36 of this Act; 19 (36) AS 11.61.140(h), as amended by sec. 37 of this Act; 20 (37) AS 11.66.100(c), as amended by sec. 38 of this Act; 21 (38) AS 12.45.046(a), as amended by sec. 41 of this Act; 22 (39) AS 12.55.127(c), as amended by sec. 48 of this Act; 23 (40) AS 28.35.060(b), as amended by sec. 62 of this Act; 24 (41) AS 28.35.060(c), as amended by sec. 63 of this Act; 25 (42) AS 28.35.060(d), enacted by sec. 64 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 12.55.078(f), as amended by sec. 42 of this Act; 29 (2) AS 12.55.085(f), as amended by sec. 43 of this Act; 30 (3) AS 12.55.125(b), as amended by sec. 45 of this Act; 31 (4) AS 12.55.125(d), as amended by sec. 46 of this Act;
01 (5) AS 12.55.125(i), as amended by sec. 47 of this Act; 02 (6) AS 12.55.145(a), as amended by sec. 50 of this Act; 03 (7) AS 12.55.155(c), as amended by sec. 51 of this Act; 04 (8) AS 12.55.185(16), as amended by sec. 52 of this Act; 05 (9) AS 12.62.900(22), as amended by sec. 56 of this Act; 06 (10) AS 12.63.020(a), as amended by sec. 57 of this Act; 07 (11) AS 12.63.100(7), as amended by sec. 58 of this Act; 08 (12) AS 14.20.030(b), as amended by sec. 59 of this Act. 09 (c) AS 18.66.250(5), as amended by sec. 60 of this Act, applies to communications 10 made before, on, or after the effective date of sec. 60 of this Act for offenses committed 11 before, on, or after the effective date of sec. 60 of this Act. 12 (d) AS 33.30.068, enacted by sec. 66 of this Act, applies to prisoners incarcerated 13 before, on, or after the effective date of sec. 66 of this Act. 14 * Sec. 79. Sections 54 and 55 of this Act take effect January 1, 2027. 15 * Sec. 80. Section 77 of this Act takes effect January 1, 2028. 16 * Sec. 81. Except as provided in secs. 79 and 80 of this Act, this Act takes effect July 1, 17 2026.