HB 242: "An Act relating to sexual assault."
00 HOUSE BILL NO. 242 01 "An Act relating to sexual assault." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 11.41.410(a) is amended to read: 04 (a) An offender commits the crime of sexual assault in the first degree if 05 (1) the offender engages in sexual penetration with another person 06 (A) without consent of that person by 07 (i) the use of force or the express or implied threat of 08 force against any person or property; or 09 (ii) causing the person to become incapacitated; 10 (B) by impersonating someone known to the person for the 11 purpose of obtaining consent; 12 (2) the offender attempts to engage in sexual penetration with another 13 person without consent of that person and causes serious physical injury to that 14 person; 15 (3) the offender engages in sexual penetration with another person
01 (A) who the offender knows is mentally incapable; and 02 (B) who is in the offender's care 03 (i) by authority of law; or 04 (ii) in a facility or program that is required by law to be 05 licensed by the state; or 06 (4) the offender is a health care worker who engages in sexual 07 penetration with a person during the course of professional treatment of the person 08 [WHO THE OFFENDER KNOWS IS UNAWARE THAT A SEXUAL ACT IS 09 BEING COMMITTED AND 10 (A) THE OFFENDER IS A HEALTH CARE WORKER; 11 AND 12 (B) THE OFFENSE TAKES PLACE DURING THE COURSE 13 OF PROFESSIONAL TREATMENT OF THE VICTIM]. 14 * Sec. 2. AS 11.41.420(a) is amended to read: 15 (a) An offender commits the crime of sexual assault in the second degree if 16 (1) the offender engages in sexual contact with another person 17 (A) without consent of that person by 18 (i) the use of force or the express or implied threat of 19 force against any person or property; or 20 (ii) causing the person to become incapacitated; 21 (B) by impersonating someone known to the person for the 22 purpose of obtaining consent; 23 (2) the offender engages in sexual contact with a person 24 (A) who the offender knows is mentally incapable; and 25 (B) who is in the offender's care 26 (i) by authority of law; or 27 (ii) in a facility or program that is required by law to be 28 licensed by the state; 29 (3) the offender engages in sexual penetration with a person who is 30 (A) mentally incapable; 31 (B) incapacitated; or
01 (C) unaware that a sexual act is being committed; 02 (4) the offender is a health care worker who engages in sexual 03 contact with a person during the course of professional treatment of the victim 04 [WHO THE OFFENDER KNOWS IS UNAWARE THAT A SEXUAL ACT IS 05 BEING COMMITTED AND 06 (A) THE OFFENDER IS A HEALTH CARE WORKER; 07 AND 08 (B) THE OFFENSE TAKES PLACE DURING THE COURSE 09 OF PROFESSIONAL TREATMENT OF THE VICTIM]; or 10 (5) under circumstances not proscribed under AS 11.41.410, the 11 offender engages in sexual penetration with another person without consent of that 12 person. 13 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 APPLICABILITY. AS 11.41.410(a), as amended by sec. 1 of this Act, and 16 AS 11.41.420(a), as amended by sec. 2 of this Act, apply to offenses committed on or after 17 the effective date of this Act.