Legislature(2025 - 2026)ADAMS 519

04/08/2025 01:30 PM House FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 101 CRIMES AGAINST MINORS TELECONFERENCED
Heard & Held
+ HB 28 TEACHER/STATE EMPLOYEE STUDENT LOAN PRGRM TELECONFERENCED
Heard & Held
+= HB 10 ADD FACULTY MEMBER UNIV BOARD OF REGENTS TELECONFERENCED
Scheduled but Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
HOUSE BILL NO. 101                                                                                                            
                                                                                                                                
     "An Act relating  to civil claims by  victims of sexual                                                                    
     abuse  to a  minor; relating  to homicide;  relating to                                                                    
     assault  in the  third  degree;  relating to  stalking;                                                                    
     relating  to  sexual  abuse of  a  minor;  relating  to                                                                    
     enticement  of a  minor;  relating  to endangering  the                                                                    
     welfare  of a  child;  relating  to indecent  exposure;                                                                    
     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 the testimony                                                                    
     of  children  in   criminal  proceedings;  relating  to                                                                    
     sentencing; and providing for an effective date."                                                                          
                                                                                                                                
1:41:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ANDREW GRAY, SPONSOR, introduced the bill                                                                        
with prepared remarks:                                                                                                          
                                                                                                                                
     Thank  you   to  the  co-chairs  and   to  the  finance                                                                    
     committee  for allowing  me to  present this  important                                                                    
     piece of legislation today. For  the record, my name is                                                                    
     Andrew  Gray;   I  am  the  representative   for  house                                                                    
     district 20  the U-Med district in Anchorage.                                                                              
                                                                                                                                
     Alaska has  the highest  rate of  rape in  the country,                                                                    
     which  is over  three  times the  national average.  We                                                                    
     also  have one  of the  highest rates  of child  sexual                                                                    
     assault in the country    nearly six times the national                                                                    
     average according  to the  UAA Justice  Center's Alaska                                                                    
     Victimization Survey. That 2020  survey found that over                                                                    
     35  percent  of  Alaskan women  report  being  sexually                                                                    
     abused before the age of 18.                                                                                               
                                                                                                                                
     Advocates  from Alaska's  domestic violence  and sexual                                                                    
     assault  organizations   have  consistently  identified                                                                    
     that  Alaska's low  age of  sexual  consent presents  a                                                                    
     unique risk factor  for minors who are 16  and 17 years                                                                    
     old. And  that is the reason  for this bill    the goal                                                                    
     is  to reduce  the amount  of rape  and sexual  assault                                                                    
     affecting   Alaska's   young  people.   Under   current                                                                    
     statute,  16 and  17-year-old  individuals can  legally                                                                    
     consent to  sex, meaning that  in the case of  a sexual                                                                    
     assault,  these minors  must prove  that  they did  not                                                                    
     consent  to sex  in  court. This  makes prosecution  of                                                                    
     cases  of  sexual  assault  and  sex  trafficking  more                                                                    
     difficult.                                                                                                                 
                                                                                                                                
     An example:  In late December  2023 in Soldotna,  a 63-                                                                    
     year-old law  enforcement officer by the  name of Vince                                                                    
     Peronto  was  sentenced  to  8   years  in  prison  for                                                                    
     attempted  sexual  abuse  of  a  minor  in  the  second                                                                    
     degree.   In  2018  He had  pulled  over a  16-year-old                                                                    
     female   while   driving,   then   started   exchanging                                                                    
     flirtatious text  messages with  her.  When  her father                                                                    
     found out,  he contacted law enforcement,  and they set                                                                    
     up a "sting" operation to  catch him attempting to meet                                                                    
     up  with  her  for  sex.   The  only  reason  this  was                                                                    
     considered criminal  is because  he was an  officer and                                                                    
     was thus in  a position of authority  (which is already                                                                    
     a crime). If  he hadn't been with law  enforcement   if                                                                    
     he  had just  been a  friend of  her parents  or anyone                                                                    
     else  NOT in  a position  of authority,  it would  have                                                                    
     been perfectly  legal for that  63-year-old to  meet up                                                                    
     with that 16-year-old for sex.                                                                                             
                                                                                                                                
     You may ask  why we don't hear more  about these cases.                                                                    
     The  reason  why  is that  legal  sexual  relationships                                                                    
     don't  get  reported in  the  news.  Sex between  older                                                                    
     adults  and  16-  and  17-year-olds  is  NOT  currently                                                                    
     against the  law, except under very  specific criteria,                                                                    
     and therefore we don't hear  about it, but parents have                                                                    
     called crisis  hotlines describing how their  teens are                                                                    
     being  manipulated and  coerced by  adults for  sex but                                                                    
     there  is no  legal recourse  for those  parents.   Our                                                                    
     statutes  do  not protect  16  and  17 years  old  from                                                                    
     predators in Alaska.                                                                                                       
                                                                                                                                
     House Bill 101  increases the age of consent  in to 18,                                                                    
     closing the  loophole that has left  16 and 17-year-old                                                                    
     children   unprotected.    A   four-year   close-in-age                                                                    
     exemption is  retained in  this bill as  you see  it in                                                                    
     front of you, but we  have heard from some stakeholders                                                                    
     that they would  like to increase that  range. I'd like                                                                    
     this committee to  know that I am open  to an amendment                                                                    
     or a  committee substitute that increases  the close in                                                                    
     age exemption  and am  happy to  talk about  that. This                                                                    
     Romeo and Juliet clause, as  it is often called, allows                                                                    
     for  a 16-  or 17-year-old  to legally  consent to  sex                                                                    
     with their  peers which should  be allowed.  The intent                                                                    
     of  this  bill is  not  to  criminalize consensual  sex                                                                    
     among teenagers; the goal is  to make it more difficult                                                                    
     for  16  and 17  years  old  to  be victims  of  sexual                                                                    
     assault and sex trafficking.                                                                                               
                                                                                                                                
     If we  pass this House  Bill 101 Alaska would  have the                                                                    
     same age of consent  as Florida, Kentucky, Idaho, Utah,                                                                    
     and Arizona, to name a few.                                                                                                
                                                                                                                                
1:45:28 PM                                                                                                                    
                                                                                                                                
Representative Gray continued to explain the bill with                                                                          
prepared remarks:                                                                                                               
                                                                                                                                
     HB 101  also makes  changes for consistency  in several                                                                    
     other areas of  criminal statute that treat  16 and 17-                                                                    
     year-olds  differently  than   other  minors,  such  as                                                                    
     criminalizing the sending of  explicit images of 16 and                                                                    
     17-year-olds    currently  sending photos  of nude  16-                                                                    
     and  17-year-olds is  not a  crime, but  it should  be.                                                                    
     What  these additional  changes do    and  this is  why                                                                    
     this bill is so long    is make our statutes consistent                                                                    
       a  minor would truly be  anyone under the age  of 18;                                                                    
     we would  get rid of this  carve out where 16-  and 17-                                                                    
     year-olds are treated as adults with regards to sex.                                                                       
                                                                                                                                
CLAIRE BREDAR, STAFF, REPRESENTATIVE ANDREW GRAY, provided                                                                      
a review of the sectional analysis (copy on file). She                                                                          
introduced it with prepared remarks:                                                                                            
                                                                                                                                
     Sections 1-6                                                                                                               
     These sections  amend multiple  statutes to  update the                                                                    
     definition of  a minor, raising  the age from 16  to 18                                                                    
     years  old  in  cases   related  to  specific  criminal                                                                    
     offenses.                                                                                                                  
     Section  1: AS  09.55.650(a)    Claims based  on sexual                                                                    
     abuse of a minor                                                                                                           
                                                                                                                                
     Section 7                                                                                                                  
     Amends AS  11.41.434(a)(3) to specify that  an offender                                                                    
     18  years of  age or  older commits  sexual abuse  of a                                                                    
     minor  in the  first degree  if they  engage in  sexual                                                                    
     penetration with a person under 18 years of age.                                                                           
                                                                                                                                
     Section 8                                                                                                                  
     Amends  AS 11.41.436(a)  to  expand  the definition  of                                                                    
     sexual  abuse  of  a  minor in  the  second  degree  to                                                                    
     include  16-  and  17-year-olds,  in  addition  to  the                                                                    
    existing provisions for 13-, 14-, and 15-year-olds.                                                                         
                                                                                                                                
     Section 9                                                                                                                  
                                                                                                                                
     Amends  AS 11.41.438(a)  to  expand  the definition  of                                                                    
     sexual abuse of a minor  in the third degree to include                                                                    
     16-  and  17-year-olds,  in addition  to  the  existing                                                                    
     provisions for 13-, 14-, and 15-year-olds.                                                                                 
                                                                                                                                
     Sections 10-27                                                                                                             
     These sections  modify various  statutes to  update the                                                                    
     legal  definition   of  a   minor,  changing   the  age                                                                    
     threshold from  16 to 18  years old for  crimes related                                                                    
     to     child    endangerment,     indecent    exposure,                                                                    
     solicitation, and sentencing guidelines.                                                                                   
                                                                                                                                
     Section 30                                                                                                                 
     Repeals  AS  11.41.436(a)(6), 11.41.440(a)(2);  and  AS                                                                    
     12.63.100(7)(C)(ii).                                                                                                       
                                                                                                                                
     Section 31                                                                                                                 
     Clarifies the applicability of the amended statutes.                                                                       
                                                                                                                                
     Section 32                                                                                                                 
     Provides for an effective date.                                                                                            
                                                                                                                                
Co-Chair Foster moved to invited testimony. He recognized                                                                       
Representative Justin Ruffridge in the room.                                                                                    
                                                                                                                                
1:48:11 PM                                                                                                                    
                                                                                                                                
KEELY OLSON, EXECUTIVE DIRECTOR, STANDING TOGETHER AGAINST                                                                      
RAPE, ANCHORAGE (via teleconference), spoke in support of                                                                       
the legislation with prepared remarks:                                                                                          
                                                                                                                                
     My  name  is  Keeley  Olson, and  I  am  testifying  in                                                                    
     support of HB 101, which  among other things raises the                                                                    
     age of  consent to sexual  acts for teens from  the age                                                                    
     of sixteen to eighteen.                                                                                                    
                                                                                                                                
     When I first met Representative  Gray, he asked me what                                                                    
     the legislature  might accomplish  that would  have the                                                                    
     greatest impact  on the high  rates of  sexual violence                                                                    
     in  Alaska. I  told him  protecting minors  from sexual                                                                    
     assault would  be the most  impactful thing  that could                                                                    
     be  done.  Vulnerable  minors are  often  left  without                                                                    
     access to  sufficient aid and resources  after a sexual                                                                    
     assault because  of the  age of  consent, and  so often                                                                    
     predatory offenders are not  held accountable for their                                                                    
     actions.                                                                                                                   
                                                                                                                                
     I gave Representative Gray several  examples of the law                                                                    
     failing teens,  but the clearest  one I can  provide to                                                                    
     you  today  is  that  of  a  former  legislative  aide,                                                                    
     Benjamin Anderson-Agimuk who in 2020  at the age of 27,                                                                    
     was  charged in  Bethel with  two counts  of furnishing                                                                    
     alcohol to a  person under 21, and one  count of sexual                                                                    
     assault of  a minor  under the age  of 13.  The details                                                                    
     leading  up to  the sexual  assault of  an 11  year old                                                                    
     girl  are disturbing  yet  clearly  illustrate the  way                                                                    
     current  law fails  teens and  jeopardizes our  state's                                                                    
     most vulnerable residents.                                                                                                 
                                                                                                                                
     His  charges resulted  from an  incident  that was  the                                                                    
     second time  in a  month that  police had  responded to                                                                    
     claims  the   suspect  had  sex  with   a  minor  after                                                                    
     furnishing them alcohol.  The first incident: According                                                                    
     to  court  documents, police  responded  to  a call  on                                                                    
     March  5 of  a  juvenile  girl who  passed  out on  the                                                                    
     street. When  officers arrived, the  16-year-old girl's                                                                    
     mother said  the suspect gave her  daughter alcohol and                                                                    
     then had sex with her.                                                                                                     
                                                                                                                                
     According  to  the  police  affidavit,  Anderson-Agimuk                                                                    
     responded  to questioning  by police  that "even  if he                                                                    
    did have sex with her, she was 16 so it was legal."                                                                         
                                                                                                                                
     While he was detained, police  applied for a warrant to                                                                    
     collect DNA  evidence. While waiting for  that warrant,                                                                    
     the suspect's attorney demanded  his release and police                                                                    
     complied.  They were  unable to  locate  him after  the                                                                    
     warrant came through.                                                                                                      
                                                                                                                                
     The second incident: Less than  a month later, on April                                                                    
     2, the charges say that  police responded to a 911 call                                                                    
     reporting a  14-year-old girl  and an  11-year-old girl                                                                    
     lying  on   the  ground  in  front   of  the  Kuskokwim                                                                    
     Consortium   Library.   According   to   the   charging                                                                    
     document,  the 11-year-old  told  police  she had  been                                                                    
     raped by the  suspect. The girl said he  had gotten her                                                                    
     and  the 14-year-old  drunk and  high on  cannabis. The                                                                    
     11-year-old  told  police that  she  had  been able  to                                                                    
     protect the 14-year-old from being raped as well.                                                                          
                                                                                                                                
     Police located  the suspect and  arrested him  the same                                                                    
     day.  His bail  was set  at $50,000.  In 2023,  he pled                                                                    
     guilty and  was sentenced to  36 years in  prison. Note                                                                    
     that  he was  never  held accountable  for the  alleged                                                                    
     rape of the  sixteen year old a few  weeks earlier, and                                                                    
     in fact the only charge  he faced for that incident was                                                                    
     furnishing alcohol to a minor.                                                                                             
                                                                                                                                
     I believe this case  clearly illustrates the difference                                                                    
     in  the way  a case  involving  a sixteen  year old  is                                                                    
     swept under  the rug  while the  offender goes  free to                                                                    
     brazenly   escalate   his   predatory   nature   toward                                                                    
     children.                                                                                                                  
                                                                                                                                
     It also illustrates  that while the age  of consent may                                                                    
     not  be  a matter  of  substantial  importance to  many                                                                    
     adults,  there is  a specific  population  that pays  a                                                                    
     great deal of attention to this law?predators.                                                                             
                                                                                                                                
     Sixteen and  Seventeen year olds  are minors.  They are                                                                    
     children, and I'm not saying  this in a dismissive way.                                                                    
     They  cannot legally  enter into  a  contract on  their                                                                    
     own,  they cannot  rent a  motel room,  or a  car, they                                                                    
     cannot enter  a bar, they  cannot get a credit  card or                                                                    
     even open  a bank  account without  an adult  signer on                                                                    
     the account.                                                                                                               
                                                                                                                                
     Juvenile  offenders  under  the  age  of  eighteen  are                                                                    
     treated  in  ways  significantly different  from  adult                                                                    
     offenders.  There  is   an  entirely  separate  justice                                                                    
     system set up to deal  with them, and they have certain                                                                    
     rights that  must be  upheld, because  as a  society we                                                                    
     recognize  children should  not be  treated as  adults.                                                                    
     Except for rare  instances where a minor  is charged as                                                                    
     an adult  for exceptionally  heinous crimes,  the State                                                                    
    must take certain actions to attain that exception.                                                                         
                                                                                                                                
     Why then,  are victims of  sexual assault in  the State                                                                    
     of Alaska  treated as though  they are adults  with the                                                                    
     full rights and responsibilities of adults?                                                                                
                                                                                                                                
     STAR often  receives heartbreaking calls on  its crisis                                                                    
     line  from   parents  desperate  to  help   their  teen                                                                    
     children   who  have   been  manipulated   into  sexual                                                                    
     relationships    with   predatory    adults.   It    is                                                                    
     heartbreaking, because  there is  little help  STAR can                                                                    
     offer in  such circumstances.  The parent of  a sixteen                                                                    
     or seventeen year old is  unable to obtain a protective                                                                    
     order  on behalf  of  their child.  While  the law  may                                                                    
     allow it,  Judges and Magistrates  are reluctant  to do                                                                    
     so without  the minor  being present and  requesting it                                                                    
     themselves.  Minors  over  sixteen  must  petition  the                                                                    
     court directly  and provide  sworn affidavits  of their                                                                    
     need  for  protection,   detailing  the  situations  in                                                                    
     documents open  to the public and  testifying before an                                                                    
     open court.                                                                                                                
                                                                                                                                
     Teens  manipulated  by  predatory  adults  into  sexual                                                                    
     relationships  are vulnerable  to trafficking.  For all                                                                    
     the work  the State has done  in amplifying trafficking                                                                    
     statistics and  the need for  interventions, protecting                                                                    
     all  minors  is  a  helpful   way  to  start  making  a                                                                    
     difference for trafficked youth.                                                                                           
                                                                                                                                
1:54:30 PM                                                                                                                    
                                                                                                                                
Ms. Olson continued to read from prepared remarks:                                                                              
                                                                                                                                
     For  those   teens  who  later  realize   the  negative                                                                    
     ramifications of having been  manipulated into a sexual                                                                    
     relationship and controlled by  a predatory adult, they                                                                    
     may feel reluctant to contact  their parents or friends                                                                    
     for  help.  They  may  feel  estranged  and  unable  or                                                                    
     unwilling to admit they need  help. A teen is unable to                                                                    
     stay  at   a  domestic  violence  shelter   without  an                                                                    
     accompanying  adult. They  may not  have access  to any                                                                    
     funds  and safety  planning with  them is  challenging.                                                                    
     All we can  do at STAR is attempt to  help them reunify                                                                    
     with their family and seek their own protective order.                                                                     
                                                                                                                                
     Often,  crimes  of  sexual assault  against  teens  are                                                                    
     reported  to   law  enforcement  and   investigated  at                                                                    
     length, but the  burden of proof to  overcome the issue                                                                    
     of consent  is so  high that  these cases  go uncharged                                                                    
     and unprosecuted.                                                                                                          
     In 2023,  the Anchorage Police  Department investigated                                                                    
     sex  crimes   involving  68  teens  aged   sixteen  and                                                                    
     seventeen.   Eleven  of   the  cases   involved  either                                                                    
     indecent  exposure or  the  creation  or possession  of                                                                    
     child  sexual   abuse  material.  The   remainder  were                                                                    
     investigations of sexual assault or abuse.                                                                                 
                                                                                                                                
     The  Alaska  2023  Felony  Level  Sex  Offenses  Report                                                                    
     showed more than half of  all victims of sex crimes are                                                                    
     under the age of  eighteen. [518 victims statewide were                                                                    
     over  eighteen, while  732  were  under eighteen].  The                                                                    
     suspects  were overwhelmingly  over the  age of  18 [77                                                                    
     percent,  not  accounting  for those  whose  ages  were                                                                    
     unknown].  The  vast  majority of  those  causing  harm                                                                    
     tended to  be adults  and the  majority of  those being                                                                    
     harmed    by    sexual    violence    were    children.                                                                    
     Unfortunately,  the State  report does  not break  down                                                                    
     ages beyond the range of 11  17 years of age.                                                                              
                                                                                                                                
     It  is  a  miscalculation  to  look  at  this  bill  as                                                                    
     addressing  only   statutory  rape.  This   bill  would                                                                    
     greatly  benefit   older  teens  who  are   victims  of                                                                    
     forcible rape  and alcohol- and drug-  facilitated rape                                                                    
     as well.  Overcoming the burden  of consent is  a tough                                                                    
     proposition  for  adults,  it  should  not  be  so  for                                                                    
     children.                                                                                                                  
                                                                                                                                
     This bill aligns  with Alaska's age of  marriage law. A                                                                    
     sixteen  or seventeen  year  old  cannot marry  someone                                                                    
     outside the same age range  included in this bill, even                                                                    
     with their parents' consent.                                                                                               
                                                                                                                                
     Adverse   childhood   experiences  (ACES)   and   their                                                                    
     repercussions  are more  and more  on the  forefront of                                                                    
     Alaskan's   minds.  High   ACES  scores   underly  many                                                                    
     challenging and  chronic health conditions  for adults.                                                                    
     Intervention  and  resilience-building is  critical  to                                                                    
     dampening the long-term consequences of harm.                                                                              
                                                                                                                                
1:57:12 PM                                                                                                                    
                                                                                                                                
Ms. Olson continued to provide prepared remarks:                                                                                
                                                                                                                                
     Youth  who   are  sexually  assaulted  are   much  more                                                                    
     vulnerable  to  ongoing  harm. Years  of  research  has                                                                    
     shown  that  nearly half  (49  percent)  of all  female                                                                    
     survivors  experienced  some  form  of  revictimization                                                                    
     over the  course of two years.  Unwanted sexual contact                                                                    
     was the  most common  form of  revictimization followed                                                                    
     by coercion,  attempted or completed  forcible assault,                                                                    
     and   attempted   or  completed   substance-facilitated                                                                    
     assault.                                                                                                                   
                                                                                                                                
     Without appropriate  response and  crisis intervention,                                                                    
     youth  are   at  higher   risk  to   experience  repeat                                                                    
     victimizations. This  can be  avoided by  making sexual                                                                    
     assaults  against minors  a  priority  and making  sure                                                                    
     they  are able  to  access the  healing resources  they                                                                    
     need.  This is  impossible if  they feel  they are  not                                                                    
     protected,  aren't taken  seriously, or  that they  are                                                                    
     somehow to blame for their own victimization.                                                                              
                                                                                                                                
     Along  with the  highest  rates of  sexual assault  and                                                                    
     child  sexual  abuse  in the  nation,  Alaska  has  the                                                                    
     highest  rates   of  suicide.  The  rates   of  suicide                                                                    
     mortality continue  to trend upward. In  2019, the rate                                                                    
     in Alaska was  27 percent higher than  in 2010. (Alaska                                                                    
     Death by  Suicide Rates  and Figures  2010-2019) During                                                                    
     this same period, the rate  among Native peoples in the                                                                    
     US increased by 68 percent.                                                                                                
                                                                                                                                
     Sexual  assault has  long been  reliably  linked to  an                                                                    
     increased risk for suicide.  Recent research found that                                                                    
     people  who  were  sexually assaulted  reported  an  18                                                                    
     percent   higher   prevalence   in   suicidality   than                                                                    
     unassaulted people.                                                                                                        
                                                                                                                                
     We cannot  simply turn our  backs on  vulnerable minors                                                                    
     and  believe  they  have the  capacity  when  they  are                                                                    
     harmed  to  seek  out  appropriate  resources,  develop                                                                    
     positive  coping   mechanisms,  and   access  necessary                                                                    
     support  without taking  the  crimes committed  against                                                                    
     them seriously.                                                                                                            
                                                                                                                                
Ms. Olson thanked the committee for its time, service to                                                                        
the state, and for helping to protect children.                                                                                 
                                                                                                                                
1:59:14 PM                                                                                                                    
                                                                                                                                
Co-Chair Foster moved to the second testifier.                                                                                  
                                                                                                                                
RANDI BREAGER, EXECUTIVE DIRECTOR, ABUSED WOMEN'S AID IN                                                                        
CRISIS, ANCHORAGE (via teleconference), testified in                                                                            
support of the legislation with prepared remarks:                                                                               
                                                                                                                                
     My name is Randi Breager,  and I serve as the Executive                                                                    
     Director  of  AWAIC.  AWAIC is  a  nonprofit  based  in                                                                    
     Anchorage,  dedicated to  supporting domestic  violence                                                                    
     victims and other victims  of violent crime, advocating                                                                    
     for  policy  change,  and  strengthening  systems  that                                                                    
     protect survivors. I am here  today to voice my support                                                                    
     for  House  Bill 101.  This  bill  is a  critical  step                                                                    
     toward  ensuring  that   our  legal  system  adequately                                                                    
     protects minors from sexual  abuse and related offenses                                                                    
     while holding perpetrators accountable.                                                                                    
                                                                                                                                
     With  over   18  years  of  leadership   experience  in                                                                    
     nonprofit,  advocacy, and  government  sectors, I  have                                                                    
     seen   firsthand  the   profound  impact   of  domestic                                                                    
     violence  and sexual  abuse  on individuals,  families,                                                                    
     and   communities  across   Alaska.  Working   for  the                                                                    
     Department of  Public Safety for nearly  a decade, also                                                                    
     gave me a unique  perspective of the immense challenges                                                                    
     our  state  has in  providing  justice  for victims  of                                                                    
     these crimes.                                                                                                              
                                                                                                                                
     You all  are aware Alaska consistently  reports some of                                                                    
     the highest  rates of sexual  violence in  the country.                                                                    
     This  crisis   is  exacerbated  by  systemic   gaps  in                                                                    
     protection  for  minors,  who   often  lack  the  legal                                                                    
     safeguards  necessary  to   prevent  abuse  and  ensure                                                                    
     justice.  The way  our laws  are currently  written, we                                                                    
     have drawn an  arbitrary line not supported  by what we                                                                    
     know scientifically about  teens' cognitive, emotional,                                                                    
     physical,  and social  development. We  have determined                                                                    
     that 15-year-old child  is not developmentally equipped                                                                    
     to enter into a  sexual relationship with a middle-aged                                                                    
     man. And yes,  I understand the perpetrator  could be a                                                                    
     middle-aged woman,  I am  just illustrating  this using                                                                    
     the    statistically    predominant    example.    This                                                                    
     legislation  is proposing  that  something profound  or                                                                    
     magical does  not in fact  occur a day later  when this                                                                    
     child turns 16.                                                                                                            
                                                                                                                                
     While working  at Covenant House  in my  previous role,                                                                    
     we witnessed  day in and day  out, vulnerable teenagers                                                                    
     who can  legally consent,  be picked  up by  older men.                                                                    
     Men they  identified as their boyfriends.  Men, we knew                                                                    
     were   preying   on   vulnerable  children   who   were                                                                    
     experiencing   homelessness  and   often  trauma   from                                                                    
     previous assaults and abuse,  mental health issues, and                                                                    
     vulnerabilities  caused by  substance use.  This common                                                                    
     sense bill tells us, that  these adults, do not in fact                                                                    
     believe they are engaging  in a meaningful relationship                                                                    
     with someone  they consider  a peer  or an  equal- they                                                                    
     are  simply being  predatory  and  taking advantage  of                                                                    
     children. While few  of these cases cross  the paths of                                                                    
     law enforcement,  I can  tell you  it is  not happening                                                                    
     infrequently.  These   vulnerable  teens   are  seeking                                                                    
     support from  agencies such  as CHA  due to  the stigma                                                                    
     and   because  previous   experience  tells   them  law                                                                    
     enforcement cannot assist them.                                                                                            
                                                                                                                                
     By increasing the age definition  of a minor from 16 to                                                                    
     18 years across remaining  relevant statutes, this bill                                                                    
     aligns  Alaska laws  with  federal  standards and  many                                                                    
     other states that  recognizes the ongoing vulnerability                                                                    
     of older teenagers. The  bill additionally broadens the                                                                    
     scope of  offenses against minors,  including homicide,                                                                    
     third-degree   assault,   stalking,   and   enticement,                                                                    
     ensuring    that    perpetrators    face    appropriate                                                                    
     consequences.                                                                                                              
                                                                                                                                
2:03:19 PM                                                                                                                    
                                                                                                                                
Ms. Breager continued to provide prepared remarks:                                                                              
                                                                                                                                
     This bill  also reduces  the burden on  law enforcement                                                                    
     and    prosecutors   to    hold   these    perpetrators                                                                    
     accountable.  Currently, they  must expend  significant                                                                    
     investigative resources in  proving sexual acts against                                                                    
     16  and  17 year  olds  were  non-consensual- or  rape.                                                                    
     Unfortunately, what we see in  many of these situations                                                                    
     are  adults feeding  alcohol and  drugs  to minors  and                                                                    
     then having  sex with them.  It is then  very difficult                                                                    
     to prove  the teens  did not  consent even  though they                                                                    
     are usually  so incapacitated they could  not have done                                                                    
     so. We all already  know proving incapacitation is very                                                                    
     difficult and  often not  successful in  sexual assault                                                                    
     investigations and  trials. This bill will  remove that                                                                    
     barrier for minors altogether.                                                                                             
                                                                                                                                
     Passing  HB  101  sends a  clear  message  that  Alaska                                                                    
     prioritizes  the safety  of its  children and  will not                                                                    
     tolerate behaviors that devastate lives.                                                                                   
     Thank you for your time today.                                                                                             
                                                                                                                                
Ms. Breager thanked the committee for its time.                                                                                 
                                                                                                                                
2:04:17 PM                                                                                                                    
                                                                                                                                
Co-Chair Foster moved to the third testifier.                                                                                   
                                                                                                                                
ELEANOR  DOLGONOS,  SELF,  ANCHORAGE  (via  teleconference),                                                                    
shared that she  is 19 years old. She  supported the passage                                                                    
of the bill. She read from prepared remarks.                                                                                    
                                                                                                                                
2:09:36 PM                                                                                                                    
                                                                                                                                
Co-Chair  Foster noted  there  were eight  fiscal notes.  He                                                                    
asked for a review.                                                                                                             
                                                                                                                                
NANCY MEADE, GENERAL COUNSEL,  ALASKA COURT SYSTEM, reviewed                                                                    
the  zero fiscal  note  from the  Alaska  Court System  with                                                                    
control code WpOkJ.                                                                                                             
                                                                                                                                
Representative  Johnson noted  there were  five states,  and                                                                    
asked  if there  was data  from the  other states  when they                                                                    
changed their laws.                                                                                                             
                                                                                                                                
Ms. Mead did not have the data.                                                                                                 
                                                                                                                                
Representative  Allard stated  that  at 16  years  of age  a                                                                    
person  could  consent to  terminating  a  pregnancy and  it                                                                    
could be paid for by the state.                                                                                                 
                                                                                                                                
2:14:07 PM                                                                                                                    
                                                                                                                                
Representative Gray  deferred the question to  Ms. Olson. He                                                                    
stated his understanding of the question.                                                                                       
                                                                                                                                
Representative Allard stated they had to be 18 to consent.                                                                      
                                                                                                                                
Representative Gray asked Ms. Olson  to explain the way a 16                                                                    
year old or  17 year old could consent and  how evidence was                                                                    
gathered.                                                                                                                       
                                                                                                                                
Ms.  Olson relayed  that  if  an 18  year  old was  sexually                                                                    
assaulted  and became  pregnant it  was possible  to collect                                                                    
evidence  that  could  link  to the  predator  to  a  sexual                                                                    
assault within a certain timeframe.                                                                                             
                                                                                                                                
2:15:56 PM                                                                                                                    
                                                                                                                                
Representative  Allard  clarified  she was  asking  about  a                                                                    
minor who could  not consent. She asked if the  DNA would be                                                                    
tested.                                                                                                                         
                                                                                                                                
Ms. Olson  responded that a  person who was able  to consent                                                                    
it would be similar, but deferred to Mr. Skidmore.                                                                              
                                                                                                                                
JOHN SKIDMORE,  DEPUTY ATTORNEY GENERAL,  CRIMINAL DIVISION,                                                                    
DEPARTMENT OF  LAW (via  teleconference), replied  that when                                                                    
the crime was alleged, the  state could get a search warrant                                                                    
but  could  not test  every  aborted  fetus  if it  was  not                                                                    
associated  with  a  crime.  He  stated  that  it  would  be                                                                    
possible to  test individuals within  four years of  age the                                                                    
sexual  activity  would not  be  a  crime unless  there  was                                                                    
force.                                                                                                                          
                                                                                                                                
2:18:36 PM                                                                                                                    
                                                                                                                                
Representative  Allard asked  for verification  that it  was                                                                    
not required for a 16 year old.                                                                                                 
                                                                                                                                
Mr. Skidmore did not know.                                                                                                      
                                                                                                                                
Representative Allard stated that  if a parent had suspicion                                                                    
that an  individual was outside  the four year  bracket, and                                                                    
if the  parent said no  to the abortion, and  the individual                                                                    
was older, and  they wanted the DNA tested, could  it pass a                                                                    
legal check.                                                                                                                    
                                                                                                                                
Mr.  Skidmore answered  that if  a parent  came forward  and                                                                    
said their  daughter aged 16  or 17  was having sex  with an                                                                    
older individual,  it would be  difficult to test  the fetus                                                                    
if the minor had agreed to the abortion.                                                                                        
                                                                                                                                
2:21:10 PM                                                                                                                    
                                                                                                                                
Co-Chair Foster asked  for a review of the  fiscal note from                                                                    
the Office of Public Advocacy.                                                                                                  
                                                                                                                                
JAMES   STINSON,  DIRECTOR,   OFFICE  OF   PUBLIC  ADVOCACY,                                                                    
DEPARTMENT OF ADMINISTRATION  (via teleconference), reviewed                                                                    
zero fiscal note control code mKIQn.                                                                                            
                                                                                                                                
2:22:09 PM                                                                                                                    
                                                                                                                                
ARIEL TOFT,  DEPUTY PUBLIC DEFENDER, ALASKA  PUBLIC DEFENDER                                                                    
AGENCY, DEPARTMENT  OF ADMINISTRATION  (via teleconference),                                                                    
reviewed the zero fiscal note with control code CgQYd.                                                                          
                                                                                                                                
Co-Chair  Foster  moved  to the  Department  of  Corrections                                                                    
fiscal note.                                                                                                                    
                                                                                                                                
KEVIN WORLEY,  ADMINISTRATIVE SERVICES  DIRECTOR, DEPARTMENT                                                                    
OF  CORRECTIONS (via  teleconference),  reviewed the  fiscal                                                                    
note  from  the  Department  of  Corrections,  control  code                                                                    
CdakL. The note had zero impact.                                                                                                
                                                                                                                                
2:25:04 PM                                                                                                                    
                                                                                                                                
Co-Chair Foster  moved to  the note  from the  Department of                                                                    
Law.                                                                                                                            
                                                                                                                                
Mr.  Skidmore  reviewed  the  zero   fiscal  note  from  the                                                                    
Department of Law, control code JFKTX.                                                                                          
2:28:09 PM                                                                                                                    
                                                                                                                                
Co-Chair Foster moved to the  fiscal note from Department of                                                                    
Family   and  Community   Services,  Division   of  Juvenile                                                                    
Justice. [the individual was not presently available]                                                                           
                                                                                                                                
2:28:52 PM                                                                                                                    
                                                                                                                                
DIANN    THORNTON,    ADMINISTRATIVE   SERVICES    DIRECTOR,                                                                    
DEPARTMENT OF  PUBLIC SAFETY (via  teleconference), reviewed                                                                    
the zero fiscal note from DPS, control code dPGFI.                                                                              
                                                                                                                                
Ms.  Thornton  reviewed the  second  fiscal  note from  DPS,                                                                    
control  code koGpe.  The department  did  not anticipate  a                                                                    
cost at present.                                                                                                                
                                                                                                                                
2:30:18 PM                                                                                                                    
                                                                                                                                
DAVID FLATEN,  SOCIAL SERVICES PROGRAM OFFICER,  DIVISION OF                                                                    
JUVENILE  JUSTICE,   DEPARTMENT  OF  FAMILY   AND  COMMUNITY                                                                    
SERVICES  (via  teleconference),  reviewed the  zero  fiscal                                                                    
note  from the  Division of  Juvenile Justice,  control code                                                                    
jUlbN.                                                                                                                          
                                                                                                                                
2:31:14 PM                                                                                                                    
                                                                                                                                
Co-Chair Foster                                                                                                                 
                                                                                                                                
Representative Stapp thought it was  a good bill. He thought                                                                    
there seemed  to be a  disconnect between the  testimony and                                                                    
the information  the committee heard  related to  the fiscal                                                                    
notes.                                                                                                                          
                                                                                                                                
Mr. Worley  replied that based  on the current  count, there                                                                    
was capacity.  The department did  not know what  the change                                                                    
in capacity would be as a result of the bill.                                                                                   
                                                                                                                                
Representative  Stapp  asked  about   the  DOC  current  bed                                                                    
capacity and how  many new prisoners it would  expect if the                                                                    
bill passed.                                                                                                                    
                                                                                                                                
Mr.  Worley responded  that he  could not  give an  estimate                                                                    
that  would result  from the  bill. Currently  they were  at                                                                    
about 85 percent capacity.                                                                                                      
                                                                                                                                
2:36:12 PM                                                                                                                    
                                                                                                                                
Representative Gray  spoke to the  fiscal notes  in general.                                                                    
He  shared that  the Judiciary  Committee had  heard from  a                                                                    
testifier that was not available in the current meeting.                                                                        
                                                                                                                                
Representative  Stapp   supported  the  bill.   He  wondered                                                                    
whether there was an expected increase in prosecutions.                                                                         
                                                                                                                                
Co-Chair Foster  asked if  there was  someone Representative                                                                    
Gray would recommend to answer the question.                                                                                    
                                                                                                                                
Ms.  Thornton   replied  that  they  were   not  necessarily                                                                    
expecting an increase in prosecutions  but they did not have                                                                    
an estimate.                                                                                                                    
                                                                                                                                
2:40:21 PM                                                                                                                    
                                                                                                                                
Representative  Stapp  read  from   DPS's  fiscal  note.  He                                                                    
thought the  second part  of the sentence  did not  make any                                                                    
sense, and asked for clarity.                                                                                                   
                                                                                                                                
Ms.  Thornton responded  that DPS  had already  investigated                                                                    
the crime, the understanding was that  it would be a new law                                                                    
the department  would enforce. She  did not know  the number                                                                    
of potential cases and could not estimate the cost.                                                                             
                                                                                                                                
Representative Gray stated it was  currently a crime to rape                                                                    
16 and 17 year olds.                                                                                                            
                                                                                                                                
Representative  Stapp  agreed  with the  situation,  but  he                                                                    
wanted to  know how  many more  criminals would  result from                                                                    
the bill.                                                                                                                       
                                                                                                                                
2:43:18 PM                                                                                                                    
                                                                                                                                
Representative  Gray   apologized  because  there   was  not                                                                    
invited testimony  from law  enforcement during  the current                                                                    
hearing.  He recommended  listening to  the law  enforcement                                                                    
testimony in the House Judiciary Committee.                                                                                     
                                                                                                                                
Representative Stapp asked about  a ballpark number of cases                                                                    
impacting the Department of Law.                                                                                                
                                                                                                                                
Mr. Skidmore thought  the numbers would be more than  1 or 2                                                                    
and anticipated there  would be a number of  more cases, but                                                                    
it was challenging to estimate the number.                                                                                      
                                                                                                                                
2:46:13 PM                                                                                                                    
                                                                                                                                
Representative   Stapp  liked   the   concept  and   thought                                                                    
deterrence  worked. He  asked the  Alaska  Court System  the                                                                    
same question.                                                                                                                  
                                                                                                                                
Ms. Meade  responded affirmatively. The court  system had no                                                                    
way  of estimating  the number  of cases  that would  result                                                                    
from the bill.                                                                                                                  
                                                                                                                                
2:47:30 PM                                                                                                                    
                                                                                                                                
Representative  Galvin   thanked  Representative   Gray  for                                                                    
bringing the  bill forward. She thought  the deterrence made                                                                    
it the  most difficult part  to think through  fiscally. She                                                                    
stated  that how  predators paid  attention to  the law  was                                                                    
very important. She referred to  Ms. Dolgonos testimony that                                                                    
she had to push hard to be heard.                                                                                               
                                                                                                                                
Co-Chair Foster noted that a  representative from the Alaska                                                                    
State Troopers was now available online.                                                                                        
                                                                                                                                
Representative  Gray  responded to  Representative  Galvin's                                                                    
question.                                                                                                                       
                                                                                                                                
2:51:55 PM                                                                                                                    
                                                                                                                                
Representative   Bynum  thanked   Representative  Gray   for                                                                    
bringing  the  bill  forward.  He  noted  that  he  had  co-                                                                    
sponsored  the bill.  He noted  that the  bill specified  it                                                                    
would become  effective immediately.  He asked if  there was                                                                    
any  indication about  individuals in  current relationships                                                                    
that would be impacted by the bill.                                                                                             
                                                                                                                                
Representative Gray answered that  the relationship would be                                                                    
illegal if a 16 year old was dating a 30 year old.                                                                              
                                                                                                                                
Representative Bynum wondered whether  there should be broad                                                                    
communication in the change in law.                                                                                             
                                                                                                                                
2:55:35 PM                                                                                                                    
                                                                                                                                
Representative  Gray   replied  that  there  had   not  been                                                                    
discussion  of   a  public  service  announcement,   and  he                                                                    
believed it would be covered extensively by the media.                                                                          
                                                                                                                                
Representative Hannan  expressed confusion about  the reason                                                                    
for the  zero fiscal notes.  She thought it made  more sense                                                                    
for  indeterminate fiscal  notes.  She  remarked there  were                                                                    
seven  zero  notes,  she  wondered  why  the  bill  came  to                                                                    
finance.                                                                                                                        
                                                                                                                                
Representative  Gray   answered  that   there  had   been  a                                                                    
committee substitute  in Judiciary,  and if  an 18  year old                                                                    
physically assaulted a 17 year  old in school there had been                                                                    
a close in age exemption added a potential cost.                                                                                
                                                                                                                                
2:58:10 PM                                                                                                                    
                                                                                                                                
Mr. Skidmore  stated his understanding  of the  question. He                                                                    
had to say it was zero until he saw otherwise.                                                                                  
                                                                                                                                
3:00:04 PM                                                                                                                    
                                                                                                                                
Co-Chair Foster noted  that the sponsor had  asked about the                                                                    
idea of waiving  the bill from committee. There  had been an                                                                    
informal poll and  some members had wanted the  bill to come                                                                    
to the committee.                                                                                                               
                                                                                                                                
Representative Hannan supported the bill.                                                                                       
                                                                                                                                
Co-Chair Josephson  referenced the  term statutory  rape. He                                                                    
was curious about how the crimes would be indicted.                                                                             
                                                                                                                                
Mr. Skidmore replied  that if there was a victim  aged 16 or                                                                    
17 with contact with a  perpetrator with greater than a four                                                                    
year age  difference, the court  would have to work  out how                                                                    
to deal with sexual abuse and sexual assault.                                                                                   
                                                                                                                                
Co-Chair Josephson  stated that section  1 and 2  were about                                                                    
withholding.  He was  trying to  make a  demarcation in  his                                                                    
mind.                                                                                                                           
                                                                                                                                
3:05:17 PM                                                                                                                    
                                                                                                                                
Mr.  Skidmore answered  that the  statute allowed  to indict                                                                    
when there was a lack of  intent, because the victim was not                                                                    
able to consent due to their age.                                                                                               
                                                                                                                                
Co-Chair Josephson  stated there  were many  important parts                                                                    
of the  bill. He wondered  if they bumped  up 16 or  17 year                                                                    
olds under  the theory  that 17 year  olds were  more mature                                                                    
than 14  year olds. He asked  if the age should  be moved to                                                                    
five or 6 years.                                                                                                                
                                                                                                                                
3:08:50 PM                                                                                                                    
                                                                                                                                
Representative Gray asked to hear  from Brenda Stanfill with                                                                    
ANDVSA. He  was not interested in  criminalizing sex between                                                                    
individuals within  a reasonable age gap.  He was interested                                                                    
in going after crime.                                                                                                           
                                                                                                                                
BRENDA STANFILL,  DIRECTOR, ALASKA  NETWORK ON  VIOLENCE AND                                                                    
SEXUAL ASSAULT, responded that there  had not been agreement                                                                    
on  the four  year difference.  She noted  that someone  had                                                                    
been in the room who shared  that when she was 17 her future                                                                    
husband was 24 and remarked that  it was possible to look at                                                                    
a six year  difference versus four. She felt  that ten years                                                                    
was too much of a difference.                                                                                                   
                                                                                                                                
Representative Gray  agreed. He heard what  Ms. Stanfill was                                                                    
saying,  but  he  was  not comfortable  with  10  years.  He                                                                    
thought six years may be a reasonable accommodation.                                                                            
                                                                                                                                
Co-Chair Foster thanked the bill sponsor.                                                                                       
                                                                                                                                
HB  101  was  HEARD  and   HELD  in  committee  for  further                                                                    
consideration.